Are the States enforcing the Adam Walsh Act Today?
No, they cannot enforce it as of today (8-27-06) because they need to change their state laws and none have done so yet. Within AWA is 42 USC 16912, Sec. 112(b) which requires the United States Attorney General to issue Guidelines and Regulations to interpret and implement AWA. Most folks do not realize that AWA is a law directed to State Legislatures to make changes in their state laws to conform to AWA. When the US AG creates the Guidelines and Regulations then the states can begin to make changes to their laws. Until then states cannot enforce AWA provisions. However, they can continue to enforce their current state laws governing registration of sex offenders and former sex offenders covered by their laws.
