Advanced Notice of a NEW Bill in Congress (HR 1623)

3-20-2009 National:

'International Megan's Law'.

Sponsor: Rep Smith, Christopher H. [NJ-4]
Introduced 3/19/2009 Bill HR 1623 NOT YET AVAILABLE on Thomas website.

The intent of the bill is: To protect children from sexual exploitation by mandating reporting requirements for convicted sex traffickers and other sex offenders against minors intending to engage in international travel, providing advance notice of intended travel by high risk sex offenders outside the United States to the government of the country of destination, preventing entry into the United States by any foreign sex offender against a minor, and for other purposes.

Rep. Smith is joined by the following co-sponsors:

Rep Bilirakis, Gus M. [FL-9]; Rep Boozman, John [AR-3]; Rep Burton, Dan [IN-5]; Rep Fortenberry, Jeff [NE-1]; Rep Granger, Kay [TX-12]; Rep Manzullo, Donald A. [IL-16]; Rep Payne, Donald M. [NJ-10]; Rep Poe, Ted [TX-2]; Rep Ros-Lehtinen, Ileana [FL-18]; Rep Wilson, Joe [SC-2]

Rep. Smith's Press Release of this 111th Congress bill is at the end of this post.


In the 110th Congress:
Just so folks know Rep. Smith introduced similar legislation in the last Congress. Then it was HR 5722 and the bill basically died in Committee. However, there is something I would like to mention about last year's bill which may be in this year's version as well, see the following:

(b) Declaration of Purposes- The purposes of this Act and the amendments made by this Act are to prevent the international travel of sex traffickers and other sex offenders who intend to commit a sexual offense by--

(1) expanding access to information about known sex offenders in the United States who intend to travel outside the United States;

(2) ensuring that foreign nationals who have committed a sex offense are denied entry into the United States;

(3) including information in the annual report to Congress required by section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) regarding the establishment of systems to identify and provide notice of international travel by sex offenders to destination countries; and

(4) providing assistance to foreign countries under the Foreign Assistance Act of 1961 to meet the requirements described in paragraph (3).

Given that this legislation would affect ANY RSO leaving the U.S., bar none, it just irks me that there is a presumption that the purpose of travel is to commit a sex crime. The inclusion of such a presumption, without any evidence of wrongdoing on the part of the person leaving the U.S., is plain wrong and shows this is vindictive legislation.

Obviously these lawmakers cannot conceive that any RSO would want to see another Country for the pure reason of enjoying its wonders whatever they may be. Also, a RSO may simply wish to return to their homeland to visit family, no none of these are possible in the eyes of these lawmakers who clearly are afflicted with offender-itis.

OFFENDERITIS:
Offender-itis is a coined term used to describe a mental abnormality often occurring in public servants, politically aspiring persons, and others who can pass this psychological disorder on.

People so afflicted perceive that, others who may or may not have a previous criminal conviction are all highly dangerous to the general public. The disease is characterized by abnormal delusional visions of perceived horrific events creating an aura of public fear; these doomsayers get their rewards by painting a picture of "the sky is falling" and alienating the public.

Significant harm is caused by people so afflicted because the objects of their obsession are persons which society already looks down on (including their family members), and the collateral harm caused society is truly a tragedy.

Offenderitis is an incurable social disease because these people refuse to face reality, or facts and statistics which prove them wrong, they discount these facts and statistics because in their minds they only see horrific events in everyday life circumstances.

Those afflicted with Offenderitis, which is fear based, focus on denial of civil rights of other persons under the pretext of public safety.

A final point, in the Press Release below, Rep. Smith states:

“The International Megan’s Law includes strict penalties for non-compliance by sex offenders and the potential for a restriction on non-humanitarian aid against countries that fail to notify of travel by sex offenders residing within their borders”

When one country is providing "AID" to another country, how can "AID" ever be defined as non-humanitarian?

I will report on the full bill when I have seen it.
eAdvocate



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PRESS RELEASE
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Smith Introduces International Megan’s Law

Washington, Mar 19 - A bipartisan group of lawmakers have joined with Rep. Chris Smith (R-NJ) today in introducing legislation to protect children, worldwide, from sex offenders who seek to travel internationally to commit their heinous crimes.

“The International Megan’s Law builds upon the original state and federal Megan’s Law concept of notification and brings the program worldwide when a high risk sex offender decides to travel,” said Smith who represents Hamilton Township where seven year old Megan Kanka was brutally murdered 15 years ago by a convicted sex offender who moved into her neighborhood.

“My bill promotes a notification system for foreign officials to alert American authorities when sex offenders apply to enter the US from other countries, and the bill will also require US notification to other countries when people convicted of child sex crimes in the US look to travel abroad,” he said.

Smith, who is the author of the nation’s first anti-trafficking law, the Victims of Trafficking and Violence Protection Act (PL 106-386) and its two subsequent reauthorizations (PL 108-193 & 109-164) to combat the horrific practice of human trafficking in which the victims are primarily women and young girls, said US leadership in protecting vulnerable populations cannot be overstated.

“I know firsthand the positive impact the U.S. can have in persuading other countries to take action to protect vulnerable populations within their own borders,” he said. “Since the passage of my first Trafficking Victims Protection Act (PL 106-386), over 100 countries have implemented their own anti-trafficking laws and regulations to protect women and children within their own borders. The International Megan's Law is a continuation of the United States’ leadership in promoting and implementing global programs that make it more difficult for sex offenders to seek out and prey on new victims.”

Smith compared the sanctions in the new International Megan’s Law bill to provisions in his anti-trafficking laws.

“The International Megan’s Law includes strict penalties for non-compliance by sex offenders and the potential for a restriction on non-humanitarian aid against countries that fail to notify of travel by sex offenders residing within their borders” he said.

Smith said that there have been instances in which informal communications between international law enforcement officials have resulted in child sex offenders being prohibited from entering the United States when the traveler’s destination included a child in a vulnerable situation. Countries where child sex tourism is rampant also have refused entry to convicted sex offenders when the destination country received prior notification. He added that these efforts were commendable but said they underscore the need for a formal system to systematically protect more vulnerable children.

“We simply cannot leave notification of travel of child sex offenders to random spot checks or ad hoc reviews,” Smith said. “Instead, notification must be undertaken in a methodical, ongoing basis and must include information from all state registries.”

Specifically, Smith’s International Megan’s Law will:

• Establish a system that provides notice to foreign government officials when a known sex offender in the United States who poses a risk of reoffending against children intends to travel to their country

• Prohibit foreign nationals who have committed a sex offense from entering into the United States

• Strongly encourage and provide assistance to foreign governments that do not currently have a system to identify and track child sex offenders to do so

• Strongly encourage foreign governments to notify the US Government when a US citizen is arrested, convicted or imprisoned overseas for a sex offense against a minor in that country

• Include strict penalties for non-compliance of the travel reporting requirement by sex offenders

The bill is named for Megan Nicole Kanka. On July 29, 1994, seven year old Megan Kanka, a Hamilton, NJ resident, was kidnapped, raped, and brutally murdered. The assailant, Jesse Timmendequas, was a repeated sex offender living across the street, unbeknownst to residents living in the neighborhood. Public outcry about the tragedy and hard work by the Maureen and Richard Kanka, Megan’s parents, prompted the New Jersey State Legislature to pass the original Megan’s Law (NJSA 2C: 7-1 through 7-11) to require public notification of convicted sex offenders living in the community. Federal legislation followed and was signed into law on May 17, 1996 (PL 104-145) and strengthened in 2006 (PL 109-248).

Smith has worked closely with the Megan Nicole Kanka Foundation to continue to promote community notification laws and programs including a new program sponsored by the Foundation, Check ‘Em Out. Through the Check ‘Em Out program, the Foundation promotes and helps to fund backgrounds checks for municipal sports leagues’ volunteer coaches. ..Source.. by Rep. Smith