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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 67. CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM |
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SubChapter VI. CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS |
§ 5119. Reporting child abuse crime information
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(a) In general In each State, an authorized criminal justice agency of the State shall report child abuse crime information to, or index child abuse crime information in, the national criminal history background check system. A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.
(b) Provision of State child abuse crime records through national criminal history background check system (1) Not later than 180 days after December 20, 1993 , the Attorney General shall, subject to availability of appropriations—(A) investigate the criminal history records system of each State and determine for each State a timetable by which the State should be able to provide child abuse crime records on an on-line basis through the national criminal history background check system; (B) in consultation with State officials, establish guidelines for the reporting or indexing of child abuse crime information, including guidelines relating to the format, content, and accuracy of criminal history records and other procedures for carrying out this subchapter; and (C) notify each State of the determinations made pursuant to subparagraphs (A) and (B). (2) The Attorney General shall require as a part of each State timetable that the State— (A) by not later than the date that is 5 years after December 20, 1993 , have in a computerized criminal history file at least 80 percent of the final dispositions that have been rendered in all identifiable child abuse crime cases in which there has been an event of activity within the last 5 years;(B) continue to maintain a reporting rate of at least 80 percent for final dispositions in all identifiable child abuse crime cases in which there has been an event of activity within the preceding 5 years; and (C) take steps to achieve 100 percent disposition reporting, including data quality audits and periodic notices to criminal justice agencies identifying records that lack final dispositions and requesting those dispositions. (c) Liaison An authorized agency of a State shall maintain close liaison with the National Center on Child Abuse and Neglect, the National Center for Missing and Exploited Children, and the National Center for the Prosecution of Child Abuse for the exchange of technical assistance in cases of child abuse.
(d) Annual summary (1) The Attorney General shall publish an annual statistical summary of child abuse crimes. (2) The annual statistical summary described in paragraph (1) shall not contain any information that may reveal the identity of any particular victim or alleged violator. (e) Annual report The Attorney General shall, subject to the availability of appropriations, publish an annual summary of each State’s progress in reporting child abuse crime information to the national criminal history background check system.
(f) Study of child abuse offenders (1) Not later than 180 days after December 20, 1993 , the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall begin a study based on a statistically significant sample of convicted child abuse offenders and other relevant information to determine—(A) the percentage of convicted child abuse offenders who have more than 1 conviction for an offense involving child abuse; (B) the percentage of convicted child abuse offenders who have been convicted of an offense involving child abuse in more than 1 State; and (C) the extent to which and the manner in which instances of child abuse form a basis for convictions for crimes other than child abuse crimes. (2) Not later than 2 years after December 20, 1993 , the Administrator shall submit a report to the Chairman of the Committee on the Judiciary of the Senate and the Chairman of the Committee on the Judiciary of the House of Representatives containing a description of and a summary of the results of the study conducted pursuant to paragraph (1).
References In Text
This subchapter, referred to in subsec. (b)(1)(B), was in the original “this Act”, meaning Pub. L. 103–209,
Amendments
1994—Subsec. (a). Pub. L. 103–322, § 320928(b), inserted at end “A criminal justice agency may satisfy the requirement of this subsection by reporting or indexing all felony and serious misdemeanor arrests and dispositions.”
Subsec. (b)(2)(A). Pub. L. 103–322, § 320928(i), substituted “5 years after” for “3 years after”.
Subsec. (f)(2). Pub. L. 103–322, § 320928(h), substituted “2 years” for “1 year”.
Short Title
For short title of this subchapter as the “National Child Protection Act of 1993”, see section 1 of Pub. L. 103–209, set out as a note under section 5101 of this title.
Miscellaneous
Pub. L. 103–322, title XXXII, § 320928(g),