,i #aafth ,,congress #ast ,session ,h4 ,r4 #bcjc ,,in ,,the ,,house ,,of ,,representatives ,april #ab1 #bjai ,mr4 ,espaillat introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a registration for violent gun offenders1 to provide for sufficient notification of their whereabouts1 to honor the memory of ,gladys ,ricart and other gun crime victims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gladys ,ricart ,gun ,offender ,registry ,act4 #b4 ,findings2 purpose ,congress makes the following findings3 7#a7 ,abused women are #e times more likely to be killed if their abuser owns a firearm4 7#b7 ,since ,new ,york ,city's and ,baltimore's gun offender registries were put in place in #bjjf and #bjjg respectively1 both cities have seen reductions in murders and violent crimes4 7#c7 ,domestic violence assaults involving a gun are #ab times more likely to end in death than assaults with other weapons or physical harm4 7#d7 ,more than two-thirds of spouse and ex-spouse homicide victims between #aihj and #bjjh were killed with firearms4 7#e7 ,in #bjaa1 nearly two-thirds of women killed with guns were killed by their intimate partners4 7#f7 ,in nearly two-thirds 7#fd4e percent7 of cases in which a gun was present in a household shared by a domestic abuser and victim1 the abuser had used the firearm against the victim1 usually threatening to shoot or kill their intimate partner4 #c4 ,definitions ,in this ,act3 7#a7 ,felony crime of domestic violence ,the term felony crime of domestic violence means an offense that-- 7,a7 is a felony under ,federal1 ,state1 or ,tribal law2 and 7,b7 has1 as an element1 the use or attempted use of physical force1 or the threatened use of a deadly weapon1 committed by a current or former spouse1 parent1 or guardian of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabiting with or has cohabited with the victim as a spouse1 parent1 or guardian1 or by a person similarly situated to a spouse1 parent1 or guardian of the victim4 7#b7 ,gun offender ,the term gun offender means an individual who was convicted of a gun offense4 7#c7 ,gun offense 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term gun offense means a felony crime of domestic violence that involved a firearm 7as such term is defined in section #iba of title #ah1 ,united ,states ,code74 7,b7 ,exception ,the term gun offense does not include-- 7i7 an offense under subparagraph 7,a71 during the commission of which the offender possessed1 but did not use or threaten to use a firearm2 or 7ii7 an attempt or a conspiracy to commit an offense under subparagraph 7,a7 with a firearm4 7#d7 ,gun offender registry ,the term gun offender registry means a registry of gun offenders and a notification program1 maintained by a jurisdiction4 7#e7 ,jurisdiction ,the term jurisdiction means any of the following3 7,a7 ,a ,state4 7,b7 ,the ,district of ,columbia4 7,c7 ,the ,commonwealth of ,puerto ,rico4 7,d7 ,guam4 7,e7 ,american ,samoa4 7,f7 ,the ,northern ,mariana ,islands4 7,g7 ,the ,united ,states ,virgin ,islands4 7,h7 ,in accordance with section #aeba1 a federally recognized ,indian ,tribe4 7#f7 ,student ,the term student means an individual who is enrolled in or attends an educational institution1 including 7whether public or private7 a secondary school1 a trade or professional school1 and an institution of higher education4 7#g7 ,employee ,the term employee includes an individual who is self-employed or works for any other entity1 whether compensated or not4 7#h7 ,resides ,the term resides means1 with respect to an individual1 the location of the individual's home or other place where the individual habitually lives4 7#i7 ,minor ,the term minor means an individual who has not attained the age of #ah years4 #d4 ,registry requirements for jurisdictions 7a7 ,jurisdiction ,to maintain a registry ,each jurisdiction shall maintain a jurisdiction-wide gun offender registry in accordance with the requirements of this ,act4 7b7 ,guidelines and regulations ,the ,attorney ,general shall issue guidelines and regulations to interpret and implement this ,act4 #e4 ,gun offender registration requirements 7a7 ,in general ,a gun offender shall register1 and keep the registration current1 in each jurisdiction where the offender resides1 where the offender is an employee1 and where the offender is a student4 ,for initial registration purposes only1 a gun offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence4 7b7 ,initial registration ,the gun offender shall initially register-- 7#a7 before completing a sentence of imprisonment with respect to the offense giving rise to the registration requirement2 or 7#b7 not later than #e business days after being sentenced for that offense1 if the gun offender is not sentenced to a term of imprisonment4 7c7 ,keeping the registration current ,a gun offender shall1 within #e business days after each change of name1 residence1 employment1 or student status1 appear in person in at least #a jurisdiction involved pursuant to subsection 7a7 and inform that jurisdiction of all modifications in the information required for that offender in the gun offender registry4 ,that jurisdiction shall immediately disclose that information to all other jurisdictions in which the offender is required to register4 7d7 ,gun offenders not required ,to comply with subsection ,the requirements of this section shall not apply to any gun offender who was convicted prior to the date of the enactment of this ,act1 or to any gun offender who is a minor on the date that the individual is convicted of a gun offense4 7e7 ,state penalty for failure ,to comply ,each jurisdiction1 other than a federally recognized ,indian ,tribe1 shall provide a criminal penalty that includes a maximum term of imprisonment that is not longer than #f months for the failure of a gun offender to comply with the requirements of this ,act4 #f4 ,information required in registration 7a7 ,provided by the offender ,the gun offender shall provide the following information to the appropriate official for insertion in the gun offender registry3 7#a7 ,the name of the gun offender 7including any alias used by the individual74 7#b7 ,the ,social ,security number of the gun offender4 7#c7 ,the address of every residence at which the gun offender resides or will reside4 7#d7 ,the name and address of any organization where the gun offender is an employee or will be an employee4 7#e7 ,the name and address of any institution where the gun offender is a student or will be a student4 7#f7 ,the license plate number and a description of any vehicle owned or used by the gun offender4 7#g7 ,any other information required by the ,attorney ,general4 7b7 ,provided by the jurisdiction ,the jurisdiction in which the gun offender initially registers or updates registry information shall ensure that the following information is included in the registry for that gun offender3 7#a7 ,a description that accurately depicts the gun offender's current physical state4 7#b7 ,the text of the provision of law defining the criminal offense for which the gun offender is registered4 7#c7 ,the criminal history of the gun offender1 including the date of all arrests and convictions1 the status of parole1 probation1 or supervised release1 registration status1 and the existence of any outstanding arrest warrants for the gun offender4 7#d7 ,a current photograph of the gun offender4 7#e7 ,a set of fingerprints and palm prints of the gun offender4 7#f7 ,a ,,dna sample of the gun offender4 7#g7 ,a photocopy of a valid driver's license or identification card issued to the gun offender by a jurisdiction4 7#h7 ,any other information required by the ,attorney ,general4 #g4 ,duration of registration requirement ,a gun offender shall keep the registration updated and current for the full registration period 7excluding any time the gun offender is in custody or civilly committed74 ,the full registration period is-- 7#a7 #c years2 or 7#b7 if the offender's supervised release1 probation or parole is longer than #c years1 the offender will remain on the registry throughout the duration of their supervision status4 #h4 ,inveterate in-person verification ,a gun offender shall appear in person at an appropriate registration site within a jurisdiction the offender is registered to allow the jurisdiction to take a current photograph1 and verify the information in each registry in which that offender is required to be registered not less frequently than one time each year4 #i4 ,duty to inform gun offenders of registration requirements and to register 7a7 ,in general ,an appropriate official shall1 soon before release of the gun offender from custody1 or1 if the gun offender is not in custody1 immediately after the sentencing of the gun offender1 for the offense giving rise to the duty to register-- 7#a7 inform the gun offender of the duties of a gun offender under this ,act and explain those duties2 and 7#b7 require the gun offender to read and sign a form stating that the duty to register has been explained and that the gun offender understands the registration requirement4 7b7 ,notification of certain gun offenders ,the ,attorney ,general shall prescribe rules for the notification of offenders who cannot be registered in accordance with subsection 7a74 #aj4 ,national gun offender registry 7a7 ,in general ,the ,attorney ,general shall maintain a database for each gun offender and any other person required to register in a jurisdiction's gun offender registry4 ,the database shall be known as the ,gun ,offender ,registry4 7b7 ,administration ,the ,attorney ,general may-- 7#a7 establish a new office to administer the program required by this ,act2 or 7#b7 reassign current ,department of ,justice employees to permanently administer the requirements within this ,act under the purview of an already existing division at the ,department of ,justice4 7c7 ,electronic forwarding ,the ,attorney ,general shall ensure that all updated findings about a gun offender are immediately transmitted by electronic forwarding to all relevant jurisdictions4 #aa4 ,gun offender public website 7a7 ,in general ,except as provided in subsection 7b71 the ,attorney ,general shall establish and maintain a public website which shall include pertinent information1 as determined by the ,attorney ,general1 for each gun offender required to register under this ,act4 ,the website shall provide a search function for the public to obtain information for each gun offender by a single query for any given zip code or geographical radius set by the user in a form and with such limitations as may be established by the ,attorney ,general and shall have such other field search capabilities as the ,attorney ,general may provide4 7b7 ,mandatory exemptions ,the ,attorney ,general shall exempt from disclosure-- 7#a7 the identity of any victim of a gun offense2 7#b7 the ,social ,security number of the gun offender2 7#c7 any reference to arrests of the gun offender that did not result in conviction2 7#d7 any information about a gun offender's prior criminal history other than a specified violent crime that prompted the offender's duty to register in accordance with this ,act2 7#e7 the name of an employer of the gun offender2 7#f7 the name of an educational institution where the gun offender is a student2 and 7#g7 any other information exempted from disclosure by the ,attorney ,general4 7c7 ,removal of information ,the ,attorney ,general shall ensure that at the conclusion of the period described in section #aejg during which a gun offender is required to register1 no information related to the gun offender1 including the gun offender's identity1 is accessible on the website established under this section4 #ab4 ,public access to gun offender information through the internet 7a7 ,in general ,except as provided in this section1 each jurisdiction shall make available on the internet1 in a form that is readily accessible to all jurisdictions and to the public1 all information about each gun offender in the registry4 ,the jurisdiction shall maintain the internet site in a manner that will provide a search function for the public to obtain relevant information for each gun offender by a single query for any given zip code or geographic radius set by the user4 ,the jurisdiction shall also include in the design of its internet site all field search capabilities needed for full participation in the website described in section #aeaa1 and shall participate in that website as provided by the ,attorney ,general4 7b7 ,mandatory exemptions ,a jurisdiction shall exempt from disclosure-- 7#a7 the identity of any victim of a gun offense2 7#b7 the ,social ,security number of the gun offender2 7#c7 any reference to arrests of the gun offender that did not result in conviction2 7#d7 any information about a gun offender's prior criminal history other than a specified violent crime that prompted the offender's duty to register in accordance with this ,act2 7#e7 the name of an employer of the gun offender2 7#f7 the name of an educational institution where the gun offender is a student2 and 7#g7 any other information exempted from disclosure by the ,attorney ,general4 7c7 ,links ,the site shall include1 to the extent practicable1 links to gun safety and education resources4 7d7 ,correction of errors ,the site shall include instructions on how to seek correction of information that an individual contends is erroneous4 7e7 ,warning ,the site shall include a warning that information on the site should not be used to unlawfully injure1 harass1 or commit a crime against any individual named in the registry or residing or working at any reported address4 ,the warning shall note that any such action could result in civil or criminal penalties4 #ac4 ,period for implementation by jurisdictions 7a7 ,deadline ,each jurisdiction shall implement this ,act before the date that is #c years after the date of the enactment of this ,act4 7b7 ,extensions ,the ,attorney ,general may authorize up to two #a-year extensions of the deadline under subsection 7a74 #ad4 ,failure of jurisdiction to comply 7a7 ,in general ,for any fiscal year which begins after the deadline under section #aeae1 a jurisdiction that fails1 as determined by the ,attorney ,general1 to substantially implement this ,act shall not receive #aj percent of the funds under the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart ,i of part ,e of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 that would otherwise be allocated for that fiscal year to the jurisdiction4 7b7 ,state constitutionality 7#a7 ,in general ,when evaluating whether a jurisdiction has adequately implemented this ,act1 the ,attorney ,general shall examine whether the jurisdiction is incapable of implementing this ,act because of a displayed inability to implement certain provisions that would place the jurisdiction in violation of its constitution1 as determined by a ruling of the jurisdiction's highest court4 7#b7 ,efforts ,if the circumstances under paragraph 7#a7 appear1 the ,attorney ,general and the jurisdiction shall demonstrate faithful efforts to fulfill considerable implementation of this ,act and to reconcile any incompatibilities between this ,act and the jurisdiction's constitution4 ,in considering whether acceptance of the requirements of this ,act may violate the jurisdiction's constitution or an exposition by the jurisdiction's highest court1 the ,attorney ,general shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction's exposition of the jurisdiction's constitution4 7#c7 ,alternative procedures ,if the jurisdiction is unable to substantially implement this ,act because of a limitation imposed by the jurisdiction's constitution1 the ,attorney ,general may determine that the jurisdiction is in compliance with this ,act if the jurisdiction has made1 or is in the process of implementing reasonable alternative procedures or accommodations1 which are consistent with the purposes of this ,act4 7#d7 ,funding reduction ,if a jurisdiction does not comply with paragraph 7#c71 then the jurisdiction shall be subject to a funding reduction as specified in subsection 7a74 7c7 ,reallocation ,amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this ,act shall be reallocated under that program to jurisdictions that have not failed to substantially implement this ,act or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this ,act4 ,under these circumstances1 the process for selecting jurisdiction that will receive re-allocated funding will be at the discretion of the ,attorney ,general4 7d7 ,rule of construction ,the provisions of this ,act that are cast as directions to jurisdictions or their officials constitute1 in relation to ,states1 only conditions required to avoid the reduction of ,federal funding under this section4 #ae4 ,gun ,offender ,registry ,act2 failure to register 7a7 ,in general ,whoever-- 7#a7 is required to register under this ,act2 7#b7 7,a7 is a gun offender by reason of a conviction under ,federal law 7including the ,uniform ,code of ,military ,justice71 the law of the ,district of ,columbia1 ,indian ,tribal law1 or the law of any territory or possession of the ,united ,states2 or 7,b7 travels in interstate or foreign commerce1 or enters or leaves1 or resides in1 ,indian country2 and 7#c7 knowingly fails to register or update a registration as required under this ,act1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #f months1 or both4 7b7 ,affirmative defense ,in a prosecution for a violation under subsection 7a71 it is an affirmative defense that-- 7#a7 uncontrollable conditions prevented the individual from adhering to this ,act2 7#b7 the individual did not cause the creation of such circumstances to disregard the requirement to comply2 and 7#c7 the individual complied as soon as such circumstances ceased to exist4 #af4 ,actions to be taken when gun offender fails to comply ,an appropriate official shall inform the ,attorney ,general and other accountable law enforcement agencies of any noncompliance by a gun offender to comply with the requirements of a registry4 ,the appropriate official1 the ,attorney ,general1 and each such law enforcement agency shall take any appropriate action to ensure compliance4 #ag4 ,federal assistance with respect to violations of registration requirements ,the ,attorney ,general shall use the resources of ,federal law enforcement1 including the ,united ,states ,marshals ,service1 to assist jurisdictions in locating and apprehending gun offenders who violate gun offender registration requirements4 #ah4 ,federal assistance in identification and location of gun offenders relocated as a result of a major disaster ,the ,attorney ,general shall provide assistance to jurisdictions in the identification and location of a gun offender relocated as a result of a natural disaster or other major disaster4 #ai4 ,election by ,indian ,tribes 7a7 ,election 7#a7 ,in general ,a federally recognized ,indian ,tribe may1 by resolution from their local governmental body-- 7,a7 opt to carry out this ,act as a jurisdiction subject to its provisions2 or 7,b7 elect to delegate its functions under this ,act to another jurisdiction or jurisdictions within which the territory of the ,tribe is located and to provide access to its territory and such other cooperation and assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this ,act4 7#b7 ,imputed election in certain cases ,a ,tribe shall be treated as if it had made the election described in paragraph 7#a77;,b7 if-- 7,a7 it is a ,tribe subject to the law enforcement jurisdiction of a ,state under section #aafb of title #ah1 ,united ,states ,code2 7,b7 the ,tribe does not make an election under paragraph 7#a7 within #a year of the date of the enactment of this ,act or rescinds an election under paragraph 7#a77;,a72 or 7,c7 the ,attorney ,general determines that the ,tribe has not substantially implemented the requirements of this ,act and is not likely to become capable of doing so within a reasonable amount of time4 7b7 ,cooperation between ,tribal authorities and other jurisdictions 7#a7 ,nonduplication ,a ,tribe subject to this ,act is not required to duplicate functions under this ,act which are fully carried out by another jurisdiction or jurisdictions within which the territory of the ,tribe is located4 7#b7 ,cooperative agreements ,a ,tribe and another jurisdiction within close proximity to the ,tribe1 may enter into a cooperative agreement to carry out the functions in this ,act4 #bj4 ,registration of gun offenders entering the ,united ,states ,the ,attorney ,general1 in consultation with the ,secretary of ,state and the ,secretary of ,homeland ,security1 shall establish and maintain a system for informing the relevant jurisdictions about persons entering the ,united ,states who are required to register under this ,act4 ,the ,secretary of ,state and the ,secretary of ,homeland ,security shall provide such information and carry out such functions as the ,attorney ,general may direct in the operation of the system4 #ba4 ,annual report on enforcement of registration requirements ,not later than ,july #a of each year1 the ,attorney ,general shall submit a report to ,congress1 which shall include-- 7#a7 a description of the use1 by the ,department of ,justice1 of the ,united ,states ,marshals ,service to assist jurisdictions in locating and apprehending gun offenders who fail to comply with gun offender registration requirements1 as authorized by this ,act2 7#b7 a detailed explanation of each jurisdiction's compliance with this ,act2 7#c7 a detailed description of the efforts of the ,department of ,justice to ensure compliance with the requirements under this ,act1 including information related to any jurisdiction that was subject to a funding reduction under section #aeaf1 and the basis for any decision to reduce funding or not to reduce funding under such section2 and 7#d7 disclosure of any extensions of any applicable deadline to comply with this ,act1 and the reasons for the denial or grant of such an extension4 #bb4 ,immunity for good faith conduct ,the ,federal ,government1 jurisdictions1 political subdivisions of jurisdictions1 and their agencies1 officers1 employees1 and agents shall be immune from liability for good faith conduct under this ,act4 #bc4 ,study of the effectiveness of firearm offender registry to reduce the occurrence of repeat offenses 7a7 ,study ,the ,attorney ,general shall conduct a study to evaluate the effectiveness of monitoring and disclosing the history of gun offenders to reduce the occurrence of repeat offenses by such gun offenders1 through conditions imposed as part of supervised release or probation conditions4 ,the study shall evaluate-- 7#a7 the effectiveness of methods used for recording1 monitoring and disclosing the location and criminal history of gun offenders2 7#b7 the ability of law enforcement agencies and courts to employ data in prosecutorial and law enforcement efforts2 and 7#c7 the efficacy of any other restrictions that may reduce the occurrence of repeat offenses by gun offenders4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate the results of the study under this section4 #bd4 ,grant program ,the ,attorney ,general shall establish a grant program1 with such criteria as the ,attorney ,general may determine1 to provide funds to jurisdictions seeking to comply with this ,act4