Bill in Congress - HR 1727 (New registry arsonists / bombers)

4-10-2009 National:

`Managing Arson Through Criminal History (MATCH) Act of 2009'

Sponsor: Rep Bono Mack, Mary [CA-45]
Introduced 3/26/2009 Bill HR 1727


The STATED intent of the bill is: To establish guidelines and incentives for States to establish criminal arsonist and criminal bomber registries and to require the Attorney General to establish a national criminal arsonist and criminal bomber registry program, and for other purposes.


My Summary:
My purpose is to provide folks relevant information to draw comparisons with registration of sex offenders, which I am positive folks will want to do; bill raises many valid discrimination issues.

However, with that said, there are times in life that words are better left unsaid. Why? Because I am very upset about this bill, and thoughts of past pictures are causing a lump in my throat. If you want to know why then read on.


Relevant portions of the bill:

Definitions established by bill:

(q) Definitions- For purposes of this section:

(1) CRIMINAL ARSONIST- The term `criminal arsonist' means an individual who is convicted of any criminal offense for committing arson, attempting arson, or conspiracy to commit arson in violation of the laws of the jurisdiction in which such offense was committed or the United States. Such term shall not include a juvenile who is convicted of such an offense unless such juvenile was tried as an adult for such offense.

(2) CRIMINAL BOMBER- The term `criminal bomber' means an individual who is convicted of any criminal offense for committing a bombing, attempting a bombing, or conspiracy to commit a bombing in violation of the laws of the jurisdiction in which such offense was committed or the United States. Such term shall not include a juvenile who is convicted of such an offense unless such juvenile was tried as an adult for such offense.

(3) ARSONIST AND BOMBER REGISTRY- The term `arsonist and bomber registry' means a registry of criminal arsonists, and a notification program, maintained by a jurisdiction.

(4) CRIMINAL OFFENSE- The term `criminal offense' means a Federal State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or other criminal offense.

(5) EMPLOYEE- The term `employee' includes an individual who is self-employed or works for any other entity, whether compensated or not.

(6) FIRE SAFETY OFFICER- The term `fire safety officer' means an individual serving in an official capacity as a firefighter, fire investigator, or other arson investigator, as defined by the jurisdiction for the purposes of this section.

(7) JURISDICTION- The term `jurisdiction' means any of the following: (A) A State; (B) The District of Columbia; (C) The Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) The Northern Mariana Islands; (G) The United States Virgin Islands; (H) To the extent provided and subject to the requirements of subsection (o), a federally recognized Indian tribe.

(8) LAW ENFORCEMENT OFFICER- The term `law enforcement officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3796b).

(9) 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.

(10) STUDENT- The term `student' means an individual who enrolls in or attends an educational institution (whether public or private), including a secondary school, trade or professional school, and institution of higher education.

General requirements of registrants; Penalties:

SEC. 2. CRIMINAL ARSONIST AND CRIMINAL BOMBER REGISTRATION AND NOTIFICATION PROGRAM.
........

(b) Registry Requirements for Criminal Arsonists and Bombers-

(1) IN GENERAL- A criminal arsonist or criminal bomber shall register, and shall keep the registration current, in each jurisdiction where the criminal arsonist or criminal bomber resides, where the criminal arsonist or criminal bomber is an employee, and where the criminal arsonist or criminal bomber is a student. For initial registration purposes only, a criminal arsonist or criminal bomber shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence.

(4) APPLICATION OF REGISTRATION REQUIREMENTS-

(A) IN GENERAL- Except as provided in guidelines under subparagraph (B), the requirements of this section, including the duties to register and to keep a registration current, shall apply only to a criminal arsonist or criminal bomber who was convicted of a criminal offense involving arson or bombing on or after the date of the enactment of this Act, and who was notified of such duties and registered in accordance with subsection (f). ...............

(5) STATE PENALTY FOR FAILURE TO COMPLY- Each jurisdiction, other than a Federally recognized Indian tribe, shall provide a criminal penalty that includes a maximum term of imprisonment that is greater than one year for the failure of a criminal arsonist or criminal bomber to comply with the requirements of this section.

(6) AUTHORITY TO EXEMPT CERTAIN PERSONS FROM REGISTRY REQUIREMENTS- A jurisdiction shall have the authority to exempt a criminal arsonist or criminal bomber who has been convicted of the offense of arson or bombing in violation of the laws of the jurisdiction in which the offense was committed or the United States for the first time from the registration requirements under this section in exchange for the person's substantial assistance in the investigation or prosecution of another person who has committed an offense. The Attorney General shall assure that any regulations promulgated under this section include guidelines that reflect the general appropriateness of exempting the person from the registration requirements under this section.

The Act IS NOT retroactive and contains a snitch (for the lack of a better word) exemption provision.

Term of registration; Expungements:

(d) Duration of Registration Requirement; Expunging Registries of Information for Certain Juvenile Criminals-

(1) DURATION OF REGISTRATION REQUIREMENT- A criminal arsonist or criminal bomber shall keep the registration information provided under subsection (c) current for the full registration period (excluding any time the person is in custody). For purposes of this subsection, the full registration period--

(A) shall commence on the later of the date on which the person is convicted of an offense of arson or bombing in violation of the laws of the jurisdiction in which the offense was committed or the United States, the date on which the person is released from prison for such conviction, or the date on which the person is placed on parole, supervised release, or probation for such conviction; and

(B) shall be--

(i) .five years for a person who has been convicted of such an offense .for the first time;

(ii) .ten years for a person who has been convicted of such an offense . for the second time; and

(iii) .for the life of the person for a person who has been convicted of such an offense .more than twice.

(2) EXPUNGING REGISTRIES OF INFORMATION FOR CERTAIN JUVENILE CRIMINALS-

(A) IN GENERAL- In the case of a criminal arsonist or criminal bomber described in subparagraph (B), a jurisdiction .shall expunge the arson and bomber registry of such jurisdiction of information related to such criminal arsonist or criminal bomber .as of the date that is 5 years after the last day of the applicable full registration period under paragraph (1).

(B) CRIMINAL ARSONIST DESCRIBED- For purposes of subparagraph (A), a criminal arsonist or criminal bomber described in this subparagraph is a criminal arsonist or criminal bomber who--

(i) was a juvenile tried as an adult for the offense giving rise to the duty to register; and

(ii) .was not convicted of any other criminal felony during the period beginning on the first day of the applicable full registration period under paragraph (1) and ending on the last day of the 5-year period described in subparagraph (A).

.........

Frequency of Registrant Verifications:

(e) Annual Verification- Not less than once in each calendar year during the full registration period, a criminal arsonist or criminal bomber required to register under this section shall--

(1) appear in person at not less than one jurisdiction in which the person is required to register;

(2) allow such jurisdiction to take a current photograph of the person; and

(3) while present at such jurisdiction, verify the information in each registry in which the person is required to be registered.

Internet access to registry information:

(g) Access to Information Through the Internet-

(1) IN GENERAL- Except as provided in this subsection, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to law enforcement personnel and fire safety officers located in the jurisdiction, all information about each criminal arsonist and criminal bomber in the registry. The jurisdiction shall also include in the design of its Internet site all field search capabilities needed for full participation in the national Internet site established under subsection (i) and shall participate in that Internet site as provided by the Attorney General in regulations which comply with this paragraph.

(2) PROHIBITION ON ACCESS BY THE PUBLIC- Information about a criminal arsonist or criminal bomber shall not be made available under paragraph (1) on the Internet to the public.

(3) MANDATORY EXEMPTIONS- A jurisdiction shall exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1), with respect to information about a criminal arsonist or criminal bomber--

(A) any information about the criminal arsonist or criminal bomber involving conviction for an offense other than the offense or offenses for which the person is registered;

(B) any information about the person if the person is participating in a witness protection program and the release of such information could jeopardize the safety of the person or any other person; and

(C) any other information identified as a mandatory exemption from disclosure by the Attorney General.

(4) OPTIONAL EXEMPTIONS- A jurisdiction is authorized to exempt from disclosure on the Internet site of the jurisdiction described in paragraph (1), with respect to information about a criminal arsonist or criminal bomber--

(A) the name of an employer of the person; and

(B) the name of an educational institution where the person is a student.

(5) CORRECTION OF ERRORS- The Attorney General shall establish guidelines for each jurisdiction for a process to seek correction of information included in the Internet site established by the jurisdiction pursuant to paragraph (1) in the case that an individual contends such information is erroneous. Such guidelines shall provide for an adequate period following the date on which the individual has knowledge of the information's inclusion in the Internet site for the individual to seek such correction of information.

(6) WARNING- An Internet site established by a jurisdiction pursuant to paragraph (1) shall include a warning that information on the site is to be used for law enforcement purposes only and may only be disclosed in connection with such purposes. The warning shall note that any action in violation of the previous sentence may result in a civil or criminal penalty.

Exemptions, mandatory or optional, under this section make no sense whatsoever. Check that warning, how many folks think law enforcement will not construe that to mean, THE PUBLIC?

However, like with the sex offender registry law, this bill also ignores the fact that, folks get old and cannot comply with registration requirements, and the bill makes no provisions for those folks. Further, again like the RSO registry, both ignore the Americans with Disability Act which is applicable to many registrants.

Question: Does this bill upset you knowing the restrictions on sex offenders and the absence of same in this registry?

I neither SUPPORT NOR OPPOSE this bill because my intent here is to inform folks only, this time! Contact lawmaker, with your views, by clicking on his/her name above, as well as your own folks in Congress. Today, folks can contact the Committee working on this bill, by simply clicking on the bill number above, going to the "Congressional Actions" section and find the name of the committee to contact.

Thanks,
eAdvocate

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.