SORNA Related State Laws Enacted in 2007
Note: This document is maintained on the NCSL website for reference purposes. The information is current as of the date below, and this document is not being updated. See Adam Walsh Child Protection and Safety Act for more up-to-date information on this topic.
Posted January 2010
The Adam Walsh Child Protection and Safety Act was signed into law on July 27, 2006. The Act calls for state conformity to various aspects of sex offender registration. The Sex Offender, Monitoring, Apprehending, Registering, and Tracking (SMART) Office was created to administer standards under the act. Initially, states had until July 27, 2009 to comply with provisions of the Act or face a 10 percent reduction to Byrne law enforcement assistance grants. A one-year blanket extension was granted by the Attorney General in May 2009; therefore, states now have until July 27, 2010 to comply.
The Act: mandates information that must be included in each sex offender record; defines three tiers of sex offenders for the purpose of registration duration; requires periodic in person updates to the registration information and information available to the public via the internet databases, including the National Sex Offender Public Registry; requires each state to maintain a sex offender registry that contributes up-to-date info to the national registry; requires all convicted sex offenders to register before release from prison or within three days of a non-prison sentence; mandates that sex offenders report to jurisdictions where they live, work, and attend school; and requires states to have an offense for failure to comply with registration requirements with a maximum penalty of no less than one year imprisonment.
The following are state enactments in 2007 that relate to SORNA. Some of these measures specifically mention SORNA, while others make related registration changes without reference to the Act. The actions listed have been signed into state law.
Arizona HB 2734 Chapter 84 (2007)
Requires convicted sex offenders to register any on-line information (email addresses, instant messaging/chat screen names, social networking information and other similar Internet communication identifiers) and the name of any website or internet communication service where the online ID is used. Requires the offender to notify law enforcement within 72 hours of any change of such information. Directs the Department of Safety to maintain a separate database with sex offender’s online identifying information.
Arkansas HB 1564 - Chapter 394 (2007)
Requires a sexually violent predator, subject to lifetime registration, to report in person every three months to the local law enforcement agency with jurisdiction to verify registration information. Allows Level 2 sex offender registration information to be made public.
Colorado HB 1317 Chapter 177 (2007)
Requires a local law enforcement agency that chooses to post sex offender registration information on its web site also to post educational information concerning protection from sex offenders or provide a link to the educational information included on the Colorado Bureau of Investigation web site.
Colorado HB 1326 Chapter 382 (2007)
Requires a sex offender, who committed a sex offense involving a victim who is less than 18 years of age, when registering as sex offender, to provide any email address, instant-messaging identity, or chat room identity prior to using the address and identity.
Delaware SB 60 Chapter 25 (2007)
Implements the federal Adam Walsh Child Protection and Safety Act of 2006 to toughen Delaware’s registration requirements for convicted sex offenders and including those penalties for sex offenders who fail to update and verify information. Specifically requires convicted sex offenders to appear in person to register, re-register, or verify with the Delaware State Police. Reduces the amount of time a convicted sex offender has to register or re-register after being released on probation or parole from seven business days to three business days. Requires convicted sex offenders to provide additional identifying information to authorities, including the offender’s social security number, e-mail address, and vehicle registration. Makes it a felony for failure to register, re-register, or verify as required by law, and mandates that a warrant be issued immediately for the arrest of any offender who fails to register, re-register, or verify as required, thereby exceeding the provisions of the Adam Walsh Act.
Florida SB 1604 Chapter 209 (2007)
Makes changes to Florida's laws to comply with the federal Adam Walsh Act. Specifically, expands the population of offenders required to register to include some juveniles adjudicated delinquent of crimes. Creates the ability for some sexual offenders to petition for removal of the registration requirement when a judge finds that the sexual contact was “consensual.” Requires sexual predators to report in person at the sheriff’s office every three months, rather than every six months. Requires sexual predators to maintain registration for life without the possibility of petitioning for removal of the registration requirement. Requires local law enforcement agencies, the Department of Corrections (DOC), and the Department of Juvenile Justice (DJJ) to report to the Florida Department of Law Enforcement (FDLE) the failure of a sexual predator or sexual offender to comply with registration requirements. Requires FDLE to develop and maintain a system to provide automatic notification of registration information regarding sexual predators and sexual offenders to the public. Schools, public housing agencies, agencies responsible for conducting employment related background checks, social service entities responsible for protecting minors in the child welfare system, and certain other organizations will have access to this system.
Illinois SB 14 Chapter 95-229 (2007)
Requires sex offenders to report to law enforcement all email addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use, all URLs registered or used by the sex offender, all blogs and other Internet sites maintained by the sex offender. Requires notification to law enforcement of any changes to such information.
Illinois SB 1509 Chapter 95-513 (2007)
Provides that re-confinement of a sex offender due to a violation of parole or other circumstances that does not relate to the original conviction will toll the running of the balance of the period of registration.
Iowa SB 204 Chapter No. 2007-38 (2007)
Provides that a person required to register as a sex offender shall submit a DNA sample for DNA profiling pursuant to §81.4.
Kentucky SB 65 Chapter 29 (2007)
Adds e-mail addresses and any instant messaging, chat, or other Internet communication name identities to the list of information required to be reported for sex offender registration.
Louisiana HB 970 Chapter 460 (2007)
Provides for a comprehensive revision of the sex offender registration and notification provisions, incorporating the requirements of the federal Adam Walsh Child Protection and Safety Act. Requires the Louisiana Bureau of Criminal Identification and Information to develop a central registry known as the State Sex Offender and Child Predator Registry. Requires the registry to contain personal information of the offender, including e-mail addresses, on-line screen names, or other on-line identities used by offenders to communicate on the Internet. Requires the Bureau to maintain the registry as to provide for automatic e-mail notifications concerning offender residence. Provides that sex offenders and child predators register within ten days prior to release from state correctional facilities and provide a photograph along with other personal information to the police to be posted on the registry website.
Mississippi HB 1015 Chapter 392 (2007)
Conforms the state law to the federal Adam Walsh Act. Strengthens registration of sexual offenders with an improved Internet website that permits the public to obtain relevant information for each offender by a single query for any given zip code or geographic radius. Requires a sex offender to submit a driver’s license or state identification card number, which may be electronically accessed by the Department of Public Safety, to also submit palm prints, and any online identity. Requires a sex offender, upon change of employment or name change, to personally appear at a driver’s license station to obtain a new driver’s license, renewal or duplicate driver’s license, temporary permit, intermediate license or commercial driver’s license or non-driver’s identification card that identifies that individual as a sex offender. Requires that a first-time offender, aged 14 or older and who is adjudicated a delinquent in a youth court for the crime of rape or sexual battery, be subject to lifetime registration.
Montana HB 272 Chapter 254 (2007)
Requires Level 2 or Level 3 sex offenders to appear before the chief of police, sheriff or sex offender registering agency for a new photograph every year of the offender’s required registration period.
Nevada A 579 Chapter 485 (2007)
Requires sex offenders to register for the first time before released from prison or, if not imprisoned for the offense, within 3 days of sentencing. Requires each offender to register in person at a local law enforcement agency at least once every 90 days, 180 days or yearly, depending on whether the sex offender is designated as Tier I, Tier II or Tier III.
North Dakota SB 2259 Chapter 136 (2007)
Provides for minimum duration of register requirements of 15 years, 25 years, and life to be determined by the state attorney general after completion of a risk assessment test.
Ohio SB 10 and SB 97 (2007)
Both measures implement the federal Adam Walsh Act and make substantial changes to Ohio's sex offender classification, registration, and notification systems for adults and juveniles. Increases the penalties for failure to register.
Ohio SB 10 Chapter 10 (2007)
Requires offenders and delinquent children required to register under the SORNA to register immediately after a sentencing or dispositional hearing held on or after January 1, 2008. Requires an offender or child to register a residence address not later than three days after coming into a county to reside or be temporarily domiciled for more than three days. Removes the restrictions against the registration duties applying to "registration-exempt sexually oriented offenses." Requires offenders and public registry-qualified juvenile offender registrants to register in another state upon being employed in that other state for more than 3 days or for an aggregate period of 14 or more days in that calendar year. Requires public registry-qualified juvenile offender registrants (in the same manner as other such offenders) to register immediately upon coming into a county in which the registrant attends a school or institution of higher education.
Expands the required registration form to additionally require the form to include: (1) any aliases used by the offender or delinquent child, (2) the offender's or child's Social Security number and date of birth, including any alternate Social Security numbers or dates of birth used by the offender or child, (3) if applicable, a statement that the offender or child is serving a term of confinement or is confined in a secure facility, (4) the name of the school, institution of higher education, or place of employment the address of which the offender or public registry-qualified juvenile offender registrant is registering, (5) the license plate number issued by Ohio or any other state of each vehicle the offender or child owns, has registered, operates as a part of employment, or regularly has available to operate, a description of where each vehicle is habitually parked, stored, docked, or otherwise kept and, if required, a photograph of each of those vehicles, (6) the number of the offender's or child's driver's or commercial driver's license or permit or state identification card issued by Ohio or any other state, (7) if the offense resulting in the registration duty was committed in another jurisdiction, a DNA specimen from the offender or child, a citation for and the name of the offense resulting in the duty, and a certified copy of a document describing the text of that offense, (8) any other employment information, such as the general area where the offender or child is employed, (9) copies of travel and immigration documents, (10) a description of each professional and occupational license, permit, or registration held by the offender or child, and (11) any e-mail addresses, internet identifiers, or telephone numbers registered to or used by the offender or child.
Requires the Department of Rehabilitation and Correction (DRC), the Adult Parole Authority, and the Department of Youth Services (DYS), by January 1, 2008, to adopt rules to require parole officers to verify within three days of an offender's release that the offender or delinquent child has registered. Changes the time frames of offenders address provisions to: (1) require an offender or public registry-qualified juvenile offender registrant to provide written notice of a change of a registered place of employment address not later than three days after the change, (2) require an offender or public registry-qualified juvenile offender registrant to register a new place of employment address not later than three days after the change, and (3) specify that a notice of a change of address of a school, institution of higher education, or placement of employment must include the name of the new school, institution of higher education, or place of employment. Requires offenders to provide written notice, within three days, of any change in vehicle information, e-mail addresses, Internet identifiers, or telephone numbers registered to or used by the offender or registrant, and requires the sheriff who receives this information to promptly forward the information to the Bureau of Criminal Identification and Investigation (BCII).
Defines the new terms "tier I sex offender/child-victim offender," "tier II sex offender/child-victim offender," and "tier III sex offender/child-victim offender" in such a manner that an offender or delinquent child who is convicted of, or is adjudicated delinquent for committing a sexually oriented offense or child-victim oriented offense automatically is included within one of those categories, without the need for any additional hearing or proceeding. Permits the Attorney General to inspect sealed records for the purpose of determining an offender's or juvenile offender registrant's tier classification.
Changes the frequency with which a registered offender or delinquent child must verify the registered address to: (1) require an offender or child who is a tier I sex offender/child-victim offender to verify a registered address on each anniversary of the initial registration date, (2) require a tier II sex offender/child-victim offender to verify a registered address every 180 days after the initial registration date, and (3) require a tier III sex offender/child-victim offender to verify a registered address every 90 days after the initial registration date.
Provides a transition period that specifies when an offender or child who has registered under existing law initially must register under the act's provisions. Specifies that the duties of a delinquent child who is subject to the registration requirements continue for the following periods: (1) until the child's death if the delinquent child is a tier III sex offender/child-victim offender or a public registry-qualified juvenile offender registrant (subject to possible reclassification as a tier II or tier I sex offender/child-victim offender if the child is not a public registry-qualified juvenile offender registrant), (2) 20 years if the delinquent child is a tier II sex offender/child-victim offender (subject to possible reclassification as a tier I sex offender/child-victim offender if the child is not a public registry-qualified juvenile offender registrant), or (3) ten years if the delinquent child is a tier I sex offender/child-victim offender (subject to possible termination if the child is not a public registry-qualified juvenile offender registrant).
Requires the Internet database to include the following information on person required to register: (1) a citation for, the name of, and the text (at the time of commission) of all of a person's sexually oriented offenses or child-victim oriented offenses that resulted in a registration duty and the date on which they were committed, (2) a statement as to whether the person is a tier I, II, or III sex offender/child-victim offender for the offenses listed, (3) community supervision status, (4) the registered address of a school, institution of higher education, or place of employment, (5) the license plate number of each vehicle a registered offender or public registry-qualified juvenile offender registrant owns, has registered, operates as a part of employment, or regularly has available to operate, a description of where each vehicle is habitually parked, stored, docked, or otherwise kept, and, if required by BCII, a photograph of each of those vehicles, (6) a chart describing which sexually oriented offenses or child-victim oriented offenses are included in the definitions of tier I sex offenders/child-victim offenders, tier II sex offenders/child-victim offenders, and tier III sex offenders/child-victim offenders, (7) fingerprints and palm prints, and a DNA specimen, (8) the offender's or public registry-qualified juvenile offender registrant's name and photograph, (9) any outstanding arrest warrants, and (10) compliance with the new law.
Prohibits a person who is or has been convicted of a sexually oriented offense or child-victim oriented offense from living within 1,000 feet of preschool or child day-care center premises in the same manner as such a person is prohibited under current law from living within 1,000 feet of school premises. Permits a landlord to terminate the rental agreement of and evict a tenant who violates the prohibition against living within 1,000 feet of any preschool premises or child day-care center premises in the same manner as is provided under current law for the prohibition against residing within 1,000 feet of any school premises. If a person violates the prohibition against living within 1,000 feet of preschool or child day-care center premises, an owner or lessee of real property located within 1,000 feet of those premises or the appropriate chief legal officer of the county, municipal corporation, or township in which those premises are located is permitted to bring an action for injunctive relief against the person.
Ohio SB 97 Chapter 11 (2007)
Provides that, by January 1, 2008, BCII with the assistance of the Office of Criminal Justice Services, must include on BCII's Internet Sex Offender and Child-victim Offender Database a link to educational information for the public on current research about sex offenders and child-victim offenders and that each sheriff include on the database a link of that nature. Provides that, by January 1, 2008, BCII's Internet Sex Offender and Child-victim Offender Database and each sheriff's Internet database is required to inform offenders and public registry-qualified juvenile offender registrants that they may contact the sheriff of the county in which the offender or delinquent child registered an address if the offender believes that information contained on either database is incorrect. Gives townships the authority, by resolution, to restrict the residency of sex offenders and child-victim offenders in the same manner as municipal corporations.
Oklahoma HB 1714 Chapter No. 182 (2007)
Authorizes courts to prohibit sex offenders from accessing or using any Internet social networking web site that has the potential or likelihood of allowing the sex offender to have contact with any child who is under the age of eighteen years; and provides that courts may require the sex offender to register any electronic mail address information, instant message, chat or other Internet communication name or identity information that the person uses or intends to use while accessing the Internet.
Oklahoma 57 Okl. St. § 583 - Part of Oklahoma's own state SORNA passed in 2006 - HB 2810
Provides for registration periods as follows: For a period of fifteen (15) years, if the numeric risk level of the person is one; For a period of twenty-five (25) years, if the numeric risk level of the person is two; and For life, if the numeric risk level of the person is three or the person has been classified as a habitual or aggravated sex offender. Requires notification of education attendance and employment, and duty on department to inform regarding such registration requirements. Also requires specified information to be registered and provided to the public.
Tennessee SB 64 Chapter 465 (2007)
Requires sex offenders who move to the state to register in person if the offender was required to register in the former state of residence.
Tennessee HB 4197 Chapter 1164 (2008) (§40-39-203; §40-39-207)
Related to sex offender registration requirements. Requires sex offenders to register employment or vocation status; any changes to electronic mail address information, any instant message, chat or other Internet communication name or identity information; Complete name and all aliases, including but not limited to, any names that the offender may have had or currently has by reason of marriage or otherwise; Date and place of birth; Social security number; A photocopy of a valid driver's license, or if no valid driver license has been issued to the offender, a photocopy of any state or federal government issued identification card; For an offender on supervised release, the name, address, and telephone number of the registrant's probation or parole officer, or other person responsible for the registrant's supervision; Sexual offenses or violent sexual offenses for which the registrant has been convicted, the date of such offenses, and the county and state of each conviction; Name of any current employers and length of employment, including physical addresses and phone numbers; Current physical address and length of residence at that address, which shall include any primary or secondary residences. For the purpose of this section, a post office box number shall not be considered an address; Mailing address, if different from physical address; Any vehicle, mobile home, trailer, or manufactured home, used or owned by an offender, including descriptions, vehicle information numbers, and license tag numbers; Any vessel, live-aboard vessel, or houseboat used by an offender, including the name of the vessel, description, and all identifying numbers; Name and address of each institution of higher education in this state where the offender is employed or practices a vocation, or is a student; Race and gender; Name, address, and phone number of offender's closest living relative; Whether victims of the offender's convictions are minors or adults, the number of victims, and the correct age of the victim or victims and of the offender at the time of the offense or offenses, if the ages are known; Verification by TBI or the offender that that TBI has received the offender's DNA sample, If the DNA sample has not already been collected pursuant to Section 40-35-321 or any other provision of law and received by TBI, the offender's DNA sample shall be taken by the registering agency at the time the offender and sent to TBI; A complete listing of the offender's electronic mail address information or any instant message, chat or other Internet communication name or identity that the person uses or intends to use; Whether any minors reside in the primary or secondary residence; and Any other registration, verification, and tracking information, including fingerprints and a current photograph of the offender, vehicles and vessels.
Requires in person reporting. At least once during the months of March, June, September, and December of each calendar year, all violent sexual offenders shall report in person to the designated law enforcement agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, and to verify the continued accuracy of the information in the TBI registration form. And once a year, all sexual offenders shall report in person, no earlier than seven (7) calendar days before and no later than seven (7) calendar days after the offender's date of birth, to the designated law enforcement agency to update the offender's fingerprints, palm prints and photograph, as determined necessary by the agency, to verify the continued accuracy of the information in the TBI registration form. Provides procedure for request for removal from registration requirements.
Utah HB 31 Chapter 294 (2007)
Provides that a person required to register as a sex offender must maintain a current identification card if the person does not have driver’s license.
Virginia HB 2479 Chapter 759 (2007)
Provides that sex offenders required to register must provide e-mail address information, any instant message, chat or other Internet communication name or identity information that the person uses or intends to use.
Wyoming HB 120 Chapter 160 (2007)
Expands registration information that must be provided by sex offenders to include DNA sample, name and location of educational institutions the offender is attending or employed at, and license plate and description of any vehicle owned or operated. Requires registration and changes to registration within 2 working days. Requires annual, every six-months and every three months in person verification of accuracy of registration information by offenders. Provides for notice of registration to the public through the public internet registry, including criminal history of the offender and vehicle information. Makes failure to register or update registration information punishable by a fine of up to $1,000 and 5 years imprisonment.
Additional NCSL information related to the Adam Walsh Child Protection and Safety Act of 2006.
Sex Offender Enactments Database
Retrieve full text of legislation and state statutes.
NCSL's Criminal Justice Program in Denver, Colorado is at 303-364-7700 or firstname.lastname@example.org. NCSL's Washington office is at 202-624-5400.