Federal Issues

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Action Alert! Reauthorization of the Adam Walsh Act
H.R. 3796, “The Adam Walsh Reauthorization Act of 2012”, passed by voice vote in the U.S. House of Representatives  Judiciary Committee on July 18^th and was referred to the U.S. Senate Judiciary Committee on August 2^nd. While in the House, many amendments were offered  by Congressman Bobby Scott (VA) and four passed. The first of the four passed amendments dedicates a funding stream of $2.9 million for Fiscal Years 2012-2017 in juvenile sex offender treatment grants. The second amendment gives state flexibility whether or not to place juvenile offenders on public registry. The third amendment requires the National Institute of Justice to submit an annual report to Congress on the impact of juvenile registration. The fourth passed amendment clarifies that only state Byrne/JAG funds are affected by the 10% non-compliance penalty. Backgrounder SORNA.

Medical Malpractice
Medical malpractice, product liability and other areas of tort reform are areas of law that have been traditionally and successfully regulated by the states. States have addressed issues regarding licensure, insurance, court procedures, victim compensation, civil liability, medical records and related matters. See NCSL comments on H.R. 5, the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011."

Medical Liability: State Legislative Experiences Webinar
Most states have taken up the issues surrounding medical malpractice and handle the issues surrounding the filing and processing of these cases in ways that are consistent with existing state law, giving due consideration to factors that may be unique to a particular state. This webinar highlights recent state legislation and includes an update on federal legislation threatening preemption. Archived webinar of Sept. 9, 2011.

Domestic Minor Sex Trafficking
Summary of S 2925 “Domestic Minor Sex Trafficking and Deterrence and Victims Support Act of 2010,” that would establish a grant program to benefit victims of sex trafficking.

Supreme Court Roundup – 2011 Legislative Summit Session
On Aug. 9, 2011 at NCSL's Legislative Summit in San Antonio, Texas, the Law and Criminal Justice Committee and the Legal Services Staff Section had a joint session that examined the role of state legislatures in a constitutional framework and heard an analysis of the recently filed healthcare lawsuits. Participants also received a briefing on recent United States Supreme Court decisions rendered in the 2010 term that affected state government, including Whiting v. Chamber of Commerce (immigration, e-verify) and Brown v. Entertainment Merchants Association (sale of violent video games to minors).

The State & Local Legal Center
The State & Local Legal Center files amicus briefs, conducts moot courts and provides other assistance in connection with the U.S. Supreme Court.

Other Resources

• State Criminal Alien Assistance Program (SCAPP) -- 2012 applications now being accepted. Funds administered by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, provide federal payments to states and localities related to incarcerating certain undocumented criminal aliens.  

• NCSL comments on the “Juvenile Justice and Delinquency Prevention Proposal Plan for FY 2011"

• Hearing on Capitol Hill on SORNA compliance, from NCSL State Legislatures Magazine, “Down to the Wire,” June 2011

• See also: “Two Decades of Federal Sex Offender Legislation:  June 2011” 

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