Bill in Congress HR 1623

3-20-2009 National:

Originally I provided an Advanced Notice of this bill which you can read here, with notes from when this bill was introduced in the last Congress (110th) where it died in committee. OK, now on to this year's version which is a massive bill and I will touch on the major points. I strongly advise any RSO who wishes to travel, where a PASSPORT is needed, to see a lawyer before traveling, you will see why below:

'International Megan's Law of 2009 (HR-1623)' -AND- 'International Megan's Law of 2010 (HR-5138)'.


Sponsor: Rep Smith, Christopher H. [NJ-4]
Introduced 3/19/2009 Bill HR 1623


Sponsor: Rep Smith, Christopher H. [NJ-4]
Introduced 4/26/2010 Bill HR 5138


The intent of the bills are: 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.

In the 111th Congress:

(b) Declaration of Purposes- The purpose of this Act and the amendments made by this Act is to protect children from sexual exploitation by preventing or monitoring the international travel of sex traffickers and other sex offenders who pose a risk of committing a sexual offense against a minor while traveling by--

(1) establishing a system in the United States to identify sex offenders who pose a high risk of reoffending against children and who intend to travel outside the United States for the purpose of notifying the appropriate officials in destination countries of the criminal background and intent to travel by such individuals;

(2) strongly encouraging and assisting foreign governments to establish a sex offender travel notification system and to inform United States authorities when a sex offender intends to travel or has departed on travel to the United States;

(3) providing the Secretary of State with the discretion to temporarily rescind the passport or passport card of an individual who has been arrested for, is under investigation for, or has been charged with a sex offense against a minor, revoke the passport or passport card of an individual who has been sentenced overseas for a sex offense against a minor, or limit the period of validity of a passport or passport card issued to a high risk sex offender against a minor;

(4) preventing admission of foreign sex offenders against minors to the United States;

....

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 (see HERE for definition).

SEC. 3. Selected DEFINITIONS.
In this Act:

(2) HIGH RISK SEX OFFENDER- The term `high risk sex offender' means a sex offender as defined under paragraph (5) who is determined pursuant to section 6 to pose a high risk of harm to children in a country to which he or she intends to travel.

(3) MINOR- The term `minor' means an individual who has not attained the age of 18 years.

(4) PASSPORT CARD- The term `passport card' means a document issued by the Department of State pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note).

(5) SEX OFFENDER- The term `sex offender' means an individual who is required by State law to register on a sex offender registry for having been convicted of a sex offense as defined in this Act.

(6) SEX OFFENSE-

(A) IN GENERAL- The term `sex offense' means a criminal offense, including a Federal offense, against a minor that involves any of the following:

See the bill it is virtually every type of offense

(ix) Any other conduct that by its nature is a sex offense against a minor.

(B) EXCEPTIONS- The term `sex offense' shall not include:

(i) A foreign conviction if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 112 of the Sex Offender Registration and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911).

(ii) An offense involving consensual sexual conduct if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.

(7) RESIDES- The term `resides' means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives.

(8) STATE- The term `State' includes any entity within the United States that by its law requires sex offenders to register in a sex offender registry.

SEC. 4. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.
(a) Duty To Report-

(1) IN GENERAL- A sex offender shall notify an appropriate jurisdiction or jurisdictions of his or her intention to travel, in conformity with the rules issued under subsection (b), not later than 21 days before departure from or arrival in the United States. A jurisdiction so notified shall promptly inform the United States Immigration and Customs Enforcement Special Agent in Charge (hereinafter in this Act referred to as the `ICE SAC'), any successor to the functions of that official.

.........

(d) Duty To Notify Sex Offenders of Reporting and International Registration Requirement- When an official is required under State law to notify a sex offender (as defined in section (3)(5)) of a duty to register as a sex offender under the law of that State, the official shall also, at the same time--

(1) notify that offender of that offender's duties to report international travel under this section and to register under section 5, and the procedure for fulfilling those duties; and

(2) require the offender to read and sign a form stating that those duties to report and register, and the procedure for fulfilling them, have been explained and that the offender understands those duties and that procedure.

SEC. 5. FOREIGN REGISTRATION REQUIREMENT FOR SEX OFFENDERS.

(a) In General- Not later than one year after the date of the enactment of this Act, a United States diplomatic or consular mission in each foreign country shall establish and maintain a countrywide sex offender registry for sex offenders (as defined in section (3)(5)) from the United States who temporarily or permanently reside in such country. Such registry shall include the information specified in subsection (d).

(b) International Registry Requirement for Sex Offenders-

(1) IN GENERAL- A sex offender who is a United States citizen or an alien lawfully admitted for permanent residence in the United States--

(A) who resides in a foreign country for more than 21 consecutive days, or

(B) who resides in a foreign country for more than 30 days within a 6-month period,
shall register, and keep such registration current, at the United States diplomatic or consular mission in such country until such time as the sex offender departs such country or until such time has elapsed as the sex offender would have otherwise been required to register in the State of conviction for such sex offense, whichever is sooner.

(2) KEEPING THE REGISTRATION CURRENT- Subject to the duration requirement under paragraph (1), not later than five business days after each change of name, residence, or employment or student status, or any change in any of the other information specified in subsection (d)(1), a sex offender residing in a foreign country shall notify a United States diplomatic or consular mission in such country for the purpose of providing information relating to such change for inclusion in the sex offender registry maintained by such mission under subsection (a).

.........

SEC. 6. HIGH RISK SEX OFFENDER ASSESSMENT.

(a) Sex Offender Risk Assessment Guidelines- Not later than 90 days after the date of the enactment of this Act, the Commissioner of United States Immigration and Customs Enforcement shall issue directives to the ICE SAC for the assessment of sex offenders--

(1) who report international travel pursuant to section 4(a), or

(2) whose travel is reported pursuant to subsection (b),

for purposes of determining whether such sex offenders are high risk sex offenders.

.............

SEC. 7. INTERNATIONAL SEX OFFENDER TRAVEL CENTER.

(a) Establishment- Not later than 30 days after the date of the enactment of this Act, the President shall establish the International Sex Offender Travel Center (hereinafter in this section referred to as the `Center') to carry out the activities specified in subsection (d).

........

(d) Activities- The Center shall carry out the following activities:

(1) Receive high risk sex offender determinations made by the ICE SAC pursuant to section 6.

(2) Transmit notice of impending or current international travel of high risk sex offenders to the country or countries of destination of such sex offenders as follows:

(A) The notice may be transmitted through such means as determined appropriate by the Center, including through an attache of United States Immigration and Customs Enforcement, Interpol, or such other appropriate means as determined by the Center.

(B) If the Center determines that transmission of the notice could potentially pose a risk to the life or well-being of the high risk sex offender, the Center shall make every reasonable effort to issue a warning to the high risk sex offender of such risk prior to the transmission of such notice to the country or countries and may use its discretion not to transmit such notice.

(3) Provide a means of alerting Center personnel regarding those sex offenders who have not reported travel as required by section 4 by integrating available, relevant data on an ongoing basis into an existing centralized database that will identify sex offenders who are initiating travel, currently traveling, or have traveled outside the United States.

........

(e) Consultations- The Center shall engage in ongoing consultations with--
.....
(2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism; and

(3) Internet service providers regarding available and potential technology to facilitate the implementation of an international sex offender travel notification system, both in the United States and in other countries.

.....

There is so much in this bill that is questionable that I probably could have highlighted the majority of the bill, but settled for what seemed major points. I know my notice of this bill and highlighted portions will incite many folks, but this is what it is, and this is what counter arguments must be based on.

Most interesting is, the "risk assessment" because it does not follow what the Adam Walsh Act calls for, instead, it is a system yet defined but will be implemented by ICE SAC.

Where this bill would deny or revoke a RSO (U.S. Citizen) a passport, to leave or renter the U.S., the bill at least violates the United Nations Declaration of Human Rights, Article 13 "(2) Everyone has the right to leave any country, including his own, and to return to his country." and likely International Law (unfortunately I am not up on international law).

This bill further demonizes this group of U.S. Citizens (RSOs), and others from other countries, based on the acts of a very few offenders in high profile cases, and places anyone with the RSO in another country at grave risk for vigilantism which is known to be very high outside of the U.S.. Placing folks in danger is contrary to what America stands for. Further, under Sec 7(d)(2)(B) merely being notified by the "INTERNATIONAL SEX OFFENDER TRAVEL CENTER" (if they do notify) that the person by virtue of the notification to the other country, is potentially at risk of life and well being, is no consolation to the RSO or those who travel with him/her.

SEC. 2. FINDINGS AND DECLARATION OF PURPOSES of Congress mentions all sorts of sex crimes committed worldwide, but not one mention that any of them were by FORMER SEX OFFENDERS who were U.S. Citizens and were registered sex offenders (RSOs). Mentioning those crimes that way is a misuse of those circumstances and implying that ALL U.S. Citizen RSOs committed those crimes, places them in a false light before the public eye, further demonizing them, but that seems to be the way of U.S. lawmakers when they want to get laws passed.

The very presence of this bill, if made law, is COSTLY at a time when the entire world is in financial troubles, and totally unnecessary as any country may check the U.S. Internet Registry and obtain all that is necessary to make decision on whether or not to allow entry for that RSO. This bill will create jobs, yes, but but also many new levels of goverment entitled to future pensions that will only be paid for by the next generation.

I could write forever about this bill but it is time to end my rants and let folks see the latest disaster in Congress. Last year's version, without all this, died in committee, so should this devil.

Each RSO and their family and friends, should contact other RSOs and families, and together use that political power to contact everyone in Washington to assure that this bill dies in committee. Whether folks ever have the opportunity to leave this country for vacation or not, collectively everyone needs to support everyone else.

I would OPPOSE this bill 100%. Contact lawmaker, with your views, by clicking on his/her name above, as well as your own folks in Congress.

Thanks,
eAdvocate

Ted Koppel had this to say on Megans' law: "Good laws are almost never produced in the cauldron of public passion. The fact of the matter is that when we are angry, when our primary motive is punishment, we are impulsive and very rarely smart.

The Sicilians have a wonderful line which captures the essence of that: "Revenge," they say, "is a dessert best eaten cold." Passing a piece of legislation with a particular victim or, for that matter, criminal in mind is bound to prove less than satisfactory over the long haul.

Megan's Law may be trying to do too much. So much, in fact, that it's turning out to be unenforceable. That's neither fair to the convicted sex offender who's done his time and now has his sickness under control, nor is it providing any real protection to the most vulnerable among us. It needs to be fixed on both counts."

Ted Koppel, ABC Nightline, 2-5-04 Nightline: Address Unknown: Well-Intentioned Legislation Doesn't Always Produce Good Laws!

Note: To see all bills concerning sex offenders or their familes currently in Congress simply click here. At the present time I do not review sex offender bills concerning Immigration or Appropriations, they get very involved and are time consuming.

Note: Full bill text WILL NOT be included in this blog because as time goes on bills are amended by Congressional Committees and also on the floor of either house, and it is too easy to confuse folks who may not realize that. Further, links to the bill in Congress will be provided so folks can always see the latest version of the bill.