SEX OFFENDER REGISTRATION AND TRACKING: WE NEED IT NOW

By U.S. Representative Dick Zimmer

In Arlington, Texas, Amber Hagerman was draggedfrom her bicycle and never seen alive again. Police have no suspects, but they think the crime was committed by a sexual predator.

In California, 12-year-old Polly Klaas was abducted from her own bedroom and brutally murdered. Her killer had been out on parole for three months and twice before had been arrested for kidnapping.

In Hamilton Township, New Jersey, seven-year-old Megan Kanka was raped and murdered, allegedly by a twice-convicted sex offender who lived across the street from her.

As evidenced by these tragic events, there is a need to arm communities with information about the where-abouts of previously convicted sex offenders. In many instances, lives could have been saved if only communities had known about these dangerous predators.

Mobilizing the Community

After the death of Megan Kanka, her parents mobilized New Jersey and the nation in the fight for community notification provisions. Had they known that an offender lived directly across the street from them, the Kankas would have been able to protect their daughter from harm. The Kankas and I were outraged by a recent article in the New Jersey Law Journal alleging that some of their neighbors had heard about a dangerous sex offender -- but not the accused murderer currently waiting to stand trial -- living in their midst and falsely implying that the Kankas knew about him. To blame these courageous and committed parents for the death of their daughter is an indecency. In fact, this controversy shows why we need Megan's Law to ensure that official notification, instead of rumors and back fence gossip, will protect the innocent from harm.

Under current law, offenders are simply required to return a signed verification form to the state certifying their residence.

On May 17, 1996, two years of hard work by Richard and Maureen Kanka reached their culmination when President Clinton signed into law my federal Megan's Law. As a result, local law enforcement agencies in all 50 states must now notify schools, day care centers, and parents -- people who need to know -- about the presence of dangerous offenders in their area.

Victims' Rights Have First Claim

Opponents of Megan's Law are pursuing their cause in the courts, but the U.S. Supreme Court will wisely rule as New Jersey's high court already has: that the rights of potential victims are superior to the rights of convicted predators.

All states are required to have their own registry of sex offenders so they can keep track of their whereabouts, but it is still possible for predators to disappear simply by moving to another state. That is why we must now take the logical next step and create a national sexual offender registration and tracking system.

I have introduced legislation to do just that. My bill would empower the Federal Bureau of Investigation to create a national registry to supplement the separate registries of the states and knit them together into a unified entity.

Offenders Just Move Away from Record

Under current law, offenders are simply required to return a signed verfication form to the state certifying their residence. Under my legislation, the offender would also be required to provide a set of fingerprints and a signed verification form to the FBI. Sex offenders also will be required to inform both the FBI and state authorities each time they move either within the state or to another state. The FBI will monitor their movements and issue an "alert" to all states if an offender fails to register and is deemed "missing."

Sex offenders who fail to register would face a maximum prison term of one year and a fine of up to $100,000 for a first offense and a maximum prison term of ten years and fine of up to $100,000 for subsequent offenses. Companion legislation has been introduced in the Senate by Joseph Biden (D-DE) and Phil Gramm (R-TX). President Clinton endorsed the concept recently in one of his weekly radio broadcasts. Prospects for early enactment are very good.

Parents should never have to endure the horror of losing a child to a sexual predator because they were not informed. We need to continue to press for this registration system to give our communities the extra security they deserve.