34 U.S.C. § 40101: Reporting child abuse crime…

Summary

State criminal justice agencies must send or index child abuse crime records in the national criminal history background check system. They can meet this by reporting all felony and serious misdemeanor arrests and case outcomes. The Attorney General, if funding is available, had 180 days after December 20, 1993 to review each State’s records system, set timetables and rules for reporting (format, content, accuracy), and notify each State. Each State’s timetable must require that by 5 years after December 20, 1993 at least 80% of final dispositions for identifiable child abuse cases with activity in the past 5 years be in a computerized file, keep that 80% rate, and work toward 100% reporting with audits and notices. An authorized State agency must stay in close contact 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 technical help. The Attorney General must publish an annual statistical summary of child abuse crimes that does not identify victims or alleged offenders, and, if funded, an annual report on each State’s reporting progress. The Office of Juvenile Justice and Delinquency Prevention had 180 days after December 20, 1993 to start a study of convicted child abuse offenders to find repeat offenders, offenders convicted in more than one State, and how child abuse relates to convictions for other crimes. A report of that study was due to the chairs of the Senate and House Judiciary Committees within 2 years after December 20, 1993.

Title 34, §40101

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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 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)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).

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