§40101 — Title 34 Navy | U.S. Code

Summary

States must make an approved criminal justice agency send or add child abuse crime records to the national criminal history background check system. Reporting all felony and serious misdemeanor arrests and case outcomes meets this rule. Within 180 days after December 20, 1993, the Attorney General must review each State’s records system, set reporting rules and a timetable with State officials for online access, and tell the States. Each State must, by 5 years after December 20, 1993, have at least 80 percent of final outcomes for identifiable child abuse cases with activity in the past 5 years in a computerized file, keep at least an 80 percent reporting rate, and work toward 100 percent reporting using audits and notices to agencies. State agencies must stay in close contact with three national child-abuse centers for technical help. The Attorney General must publish a yearly statistical summary of child abuse crimes that does not reveal anyone’s identity, and, if money is available, a yearly report on each State’s reporting progress. The Administrator of the Office of Juvenile Justice and Delinquency Prevention must start, within 180 days after December 20, 1993, a study of convicted child abusers to find repeat convictions, convictions in more than one State, and links to other crimes, and must report the results to the House and Senate Judiciary Committee chairmen within 2 years after December 20, 1993.

Title 34, §40101

Navy — Source: USLM XML via OLRC

(a)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)(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 chapter; 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)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)(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)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)(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).

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 5119 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

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”.

Statutory Notes and Related Subsidiaries

Guidelines for Adoption of Safeguards by Care Providers and States for Protecting Children, the Elderly, or Individuals With Disabilities From Abuse Pub. L. 103–322, title XXXII, § 320928(g), Sept. 13, 1994, 108 Stat. 2132, provided that: “(1) In general.—The Attorney General, in consultation with Federal, State, and local officials, including officials responsible for criminal history record systems, and representatives of public and private care organizations and health, legal, and social welfare organizations, shall develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse. “(2) Matters to be addressed.—In developing guidelines under paragraph (1), the Attorney General shall address the availability, cost, timeliness, and effectiveness of criminal history background checks and recommend measures to ensure that fees for background checks do not discourage volunteers from participating in care programs. “(3) Dissemination.—The Attorney General shall, subject to the availability of appropriations, disseminate the guidelines to State and local officials and to public and private care providers.”

§40101 Reporting Child Abuse Crime Information