September 30, 2013

ACTION ALERT: New Bill in Congress: HR-2083 which contains a very ODD provision affecting more than sex offenders

9-29-2013 Washington DC:
Continuing in our effort to review bills in Congress we find something really odd in HR-2083 `Protecting Students from Sexual and Violent Predators Act' whose alleged purpose is to screen potential employees of schools, and to re-screen actual employees of schools every five years.

Before we get into our issue which revolves around ONE definition in this bill, here is the definition:
(2) SEXUAL PREDATOR- The term `sexual predator' means a person 18 years of age or older who has been convicted of, or pled guilty to, a sexual offense against a minor.'
This does not declare everyone on a registry, with those facts, a sexual predator, instead ONLY those who FAIL a BACKGROUND CHECK, as outlined in this bill, when applying for a school job. See:
(3) require that a local educational agency or State educational agency that receives information from a criminal background check conducted paragraph (1) that an individual who has applied for employment as a school employee with such agency is a sexual predator, report to local law enforcement that such individual has so applied;

Now, "background checks as outlined" is where we find the "Oddity."

These are checked:
  • (A) a search of the State criminal registry or repository in the State in which the school employee resides and each State in which the school employee previously resided;
  • (B) a search of State-based child abuse and neglect registries and databases in the State in which the school employee resides and each State in which the school employee previously resided;
  • (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
  • (D) a search of the National Sex Offender Registry established under section 19 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919);
Notice, not all of them are sex offender registries.

What are they checked for:

(C) has been convicted of a felony consisting of--
  • (i) homicide;
  • (ii) child abuse or neglect;
  • (iii) a crime against children, including child pornography;
  • (iv) spousal abuse;
  • (v) a crime involving rape or sexual assault;
  • (vi) kidnapping;
  • (vii) arson; or
  • (viii) physical assault, battery, or a drug-related offense, committed within 5 years of the completion of such individual's criminal background check under paragraph (1);
  • or
`(D) has been convicted of any other crime that is a violent or sexual crime against a minor;

The Oddities Raised:
1) Notice section (C) above calls for a felony conviction, BUT, section (D) DOES NOT. Does that mean ex: A Romeo and Juliet misdemeanor, or other misdemeanor of any kind, case can never apply for a job in a school?

2) I find it worse to call one convicted of "spousal abuse" a sexual predator. And there are other such constructions which result in calling the person a sexual predator, that is more than ODD!

3) The bill fails to tell us what will be done with a finding of a sexual predator. Is this to be in some new registry or blasted to all schools in the country, etc., etc.,?

4) The bill does say "report to local law enforcement that such individual has so applied." Why it is not a crime to apply for a job, to my knowledge. What will law enforcement do when they hear this? Arrest the person and let a court work it out? Lord what have we come to....

This bill is on the US House schedule to be considered this week. And "Under Suspension of the Rules" which is why folks need to ASAP contact their individual Reps. (Click to find yours). Voice your opinion quickly.............

For now have a great day and a better tomorrow.

No comments: