International Megan’s Law Proposed

March 29, 2009

International Megan’s Law of 2009
H.R. 1623
… search for bill # 1623, or phrase “International Megan’s Law” at
http://thomas.loc.gov/home/c111query.html

Detailed Summary

International Megan’s Law – Requires registered sex offenders to report their departure to or arrival from a foreign place not later than 21 days before such departure or arrival. Imposes a fine and/or prison term of up to 10 years for failure to report such travel.

Requires the Secretary of Homeland Security to establish a system of notice to foreign countries about travel outside of the United States by registered sex offenders.

Amends the Immigration and Nationality Act to make convicted sex offenders inadmissible to the United States.

Amends the Trafficking Victims Protection Act of 2000 to include in the annual report of the Secretary of State on the status of severe forms of human trafficking efforts of foreign countries to identify and provide notice of international travel by sex offenders.

Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying and providing notice of sex offenders traveling to the United States and other countries.

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.

(2) EFFECTIVE DATE- The duty to report required under paragraph (1) shall take effect on the date that is 90 days after the date of the enactment of this Act.

(b) Rules for Reporting- Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Attorney General shall make rules to carry out subsection (a) in light of the purposes of this Act. Such rules–

(1) shall establish procedures for reporting under subsection (a);
(2) shall set forth the information required to be reported, including–
(A) name(s); (B) date of birth; (C) social security number; (D) passport or passport card number and date and place of issuance; (E) basis of criminal conviction; (F) travel itinerary and purpose of the trip; (G) travel companions; and (H) contact information prior to departure and during travel;

(3) may provide for appropriate alternative reporting in situations, such as personal or humanitarian emergencies or legitimate business exigencies, where the requirement of subsection (a) is impracticable or inappropriate; and

(4) shall provide appropriate transitional provisions in order to make the phase-in of the requirements of this Act practicable.

(c) Criminal Penalty for Failure To Register or Report-

(1) NEW OFFENSE- Section 2250 of title 18, United States Code, is amended by adding at the end the following:

`(d) Whoever knowingly fails to register with United States officials in a foreign country or to report his or her travel to or from a foreign country as required by the International Megan’s Law of 2009 shall be fined under this title or imprisoned not more than 10 years, or both.’.

(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.

Sponsor: Rep Smith, Christopher H. [NJ-4]
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]

This bill effectively prohibits anyone with a sex offense in their history, from traveling to another country, for pleasure, tourism or business. We must contact these elected officials to tell them to STOP these ever-increasing sex offender laws, which are piling one upon another.

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