H0631B0668A05676 MSP:EJH 01/31/18 #90 A05676
AMENDMENTS TO HOUSE BILL NO. 631
Sponsor: SENATOR VULAKOVICH
Printer's No. 668
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sexual offenses,
further providing for conduct relating to sex offenders and
for general rule; in falsification and intimidation, further
providing for the offense of failure to comply with
registration requirements, defining the offense of failure to
comply with 42 Pa.C.S. Ch. 97 Subch. I registration
requirements and imposing penalties; in proceedings prior to
petition to adopt, further providing for grounds for
involuntary termination and for definitions; in domestic and
sexual violence victim address confidentiality, further
providing for agency use of designated address; in
sentencing, providing for a mandatory period of probation for
certain sexual offenders and extensively revising
registration of sexual offenders provisions; and making
editorial changes.
Amend Bill, page 1, lines 7 and 8, by striking out all of
said lines and inserting
Section 1. Section 3130 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3130. Conduct relating to sex offenders.
(a) Offense defined.--A person commits a felony of the third
degree if the person has reason to believe that a sex offender
is not complying with or has not complied with the requirements
of the sex offender's probation or parole, imposed by statute or
court order, or with the registration requirements of 42 Pa.C.S.
Ch. 97 Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual offenders),
and the person, with the intent to assist the sex offender in
eluding a law enforcement agent or agency that is seeking to
find the sex offender to question the sex offender about, or to
arrest the sex offender for, noncompliance with the requirements
of the sex offender's probation or parole or the requirements of
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42 Pa.C.S. Ch. 97 Subch. H or I:
(1) withholds information from or does not notify the
law enforcement agent or agency about the sex offender's
noncompliance with the requirements of parole, the
requirements of 42 Pa.C.S. Ch. 97 Subch. H or I or, if known,
the sex offender's whereabouts;
(2) harbors or attempts to harbor or assist another
person in harboring or attempting to harbor the sex offender;
(3) conceals or attempts to conceal, or assists another
person in concealing or attempting to conceal, the sex
offender; or
(4) provides information to the law enforcement agent or
agency regarding the sex offender which the person knows to
be false.
(b) Definition.--As used in this section, the term "sex
offender" means a person who is required to register with the
Pennsylvania State Police pursuant to the provisions of 42
Pa.C.S. Ch. 97 Subch. H or I.
Section 1.1. Section 3141 of Title 18, amended June 29, 2017
(P.L.247, No.13), is amended to read:
§ 3141. General rule.
A person:
(1) convicted under section 3121 (relating to rape),
3122.1 (relating to statutory sexual assault), 3123 (relating
to involuntary deviate sexual intercourse), 3124.1 (relating
to sexual assault), 3125 (relating to aggravated indecent
assault) or 3126 (relating to indecent assault); or
(2) required to register with the Pennsylvania State
Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I (relating to continued
registration of sexual offenders);
may be required to forfeit property rights in any property or
assets used to implement or facilitate commission of the crime
or crimes of which the person has been convicted. The forfeiture
shall be conducted in accordance with 42 Pa.C.S. §§ 5803
(relating to asset forfeiture), 5805 (relating to forfeiture
procedure), 5806 (relating to motion for return of property),
5807 (relating to restrictions on use), 5807.1 (relating to
prohibition on adoptive seizures) and 5808 (relating to
exceptions).
Section 2. Section 4915.1(a.2)(2), (b)(4), (c.1)(4), (c.3)
and (d) of Title 18 are amended, subsection (f) is amended by
adding a definition and the section is amended by adding a
subsection to read:
§ 4915.1. Failure to comply with registration requirements.
* * *
(a.2) Counseling.--The following apply:
* * *
(2) An individual who is subject to a counseling
requirement under a sex offender registration statute
following conviction in another jurisdiction where the
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requirement is based on the commitment of an offense on or
after December 20, 2012, for which the individual was
convicted, commits an offense if [he] the individual
knowingly fails to comply with 42 Pa.C.S. § 9799.36.
(b) Grading for sexual offenders who must register for 15
years or who must register pursuant to 42 Pa.C.S. §
9799.13(7.1).--
* * *
(4) For the purposes of this subsection, an individual
shall mean an individual that meets any of the following:
(i) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13 and is required to register
for a period of 15 years.
(ii) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13(7.1).
* * *
(c.1) Grading for sexual offenders who are transients who
must register for 15 years.--
* * *
(4) For the purposes of this subsection, an individual
shall mean an individual that meets any of the following:
(i) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13 and is a transient who must
register for a period of 15 years.
(ii) Is a sexual offender subject to registration
under 42 Pa.C.S. § 9799.13(7.1) and is a transient.
* * *
(c.3) Grading for failure to comply with counseling
requirements.--An individual designated as a sexually violent
predator or sexually violent delinquent child or an individual
who is subject to a counseling requirement under a sex offender
registration statute following conviction of a sexual offense on
or after December 20, 2012, in another jurisdiction commits a
misdemeanor of the first degree if the individual violates
subsection (a.2).
(d) Effect of notice.--Neither failure on the part of the
Pennsylvania State Police to send nor failure of a sexually
violent predator or sexual offender to receive any notice or
information pursuant to 42 Pa.C.S. § 9799.25 shall be a defense
to a prosecution commenced against an individual arising from a
violation of this section. The provisions of 42 Pa.C.S. §
9799.25 are not an element of an offense under this section.
* * *
(e.1) Affirmative defense.--It is an affirmative defense for
a prosecution under this section that the individual acted in
accordance with a court order under 42 Pa.C.S. § 9799.15(a.2)
(relating to period of registration).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Sexual offender." The term shall have the meaning given to
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it in 42 Pa.C.S. § 9799.12 (relating to definitions).
* * *
Section 3. Title 18 is amended by adding a section to read:
§ 4915.2. Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements.
(a) Offense defined.--An individual who is subject to
registration under 42 Pa.C.S. § 9799.55(a), (a.1) or (b)
(relating to registration) or who was subject to registration
under former 42 Pa.C.S. § 9793 (relating to registration of
certain offenders for ten years) commits an offense if the
individual knowingly fails to:
(1) register with the Pennsylvania State Police as
required under 42 Pa.C.S. § 9799.56 (relating to registration
procedures and applicability);
(2) verify the individual's residence or be photographed
as required under 42 Pa.C.S. § 9799.60 (relating to
verification of residence); or
(3) provide accurate information when registering under
42 Pa.C.S. § 9799.56 or verifying a residence under 42
Pa.C.S. § 9799.60.
(a.1) Counseling.--The following apply:
(1) An individual who is designated as a sexually
violent predator commits an offense if the individual
knowingly fails to comply with 42 Pa.C.S. § 9799.70 (relating
to counseling of sexually violent predators).
(2) An individual who is subject to a counseling
requirement under a sex offender registration statute
following conviction in another jurisdiction commits an
offense if the individual knowingly fails to comply with that
requirement, as provided in 42 Pa.C.S. § 9799.56(b)(4)(i).
(b) Grading for offenders who must register for 10 years.--
(1) (Reserved).
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9799.55(a) or
(a.1) or former 42 Pa.C.S. § 9793 and required to register
for a period of 10 years who commits a violation of
subsection (a)(1) or (2) commits a felony of the third
degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9799.55(a) or (a.1) or former 42 Pa.C.S. § 9793 and
required to register for a period of 10 years who commits a
violation of subsection (a)(1) or (2) and who has previously
been convicted of an offense under subsection (a)(1) or (2)
or a similar offense commits a felony of the second degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9799.55(a) or (a.1) or former 42 Pa.C.S. § 9793 and
required to register for a period of 10 years who violates
subsection (a)(3) commits a felony of the second degree.
(c) Grading for sexually violent predators and others with
lifetime registration.--
(1) (Reserved).
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(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9799.55(b) or
former 42 Pa.C.S. § 9793 and who is subject to lifetime
registration who commits a violation of subsection (a)(1) or
(2) commits a felony of the second degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9799.55(b) or former 42 Pa.C.S. § 9793 and who is
subject to lifetime registration who commits a violation of
subsection (a)(1) or (2) and who has previously been
convicted of an offense under subsection (a)(1) or (2) or a
similar offense commits a felony of the first degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9799.55(b) or former 42 Pa.C.S. § 9793 and who is
subject to lifetime registration who violates subsection (a)
(3) commits a felony of the first degree.
(c.1) Grading for failure to comply with counseling
requirements.--An individual designated as a sexually violent
predator or an individual who is subject to a counseling
requirement under a sex offender registration statute following
conviction in another jurisdiction who commits a violation of
subsection (a.1) commits a misdemeanor of the first degree.
(d) Effect of notice.--Neither failure on the part of the
Pennsylvania State Police to send nor failure of a sexually
violent predator or offender to receive a notice or information
under 42 Pa.C.S. § 9799.54(b) (relating to applicability) or
9799.60(a.1), (b.1) or (b.3) shall be a defense to a prosecution
commenced against an individual arising from a violation of this
section. The provisions of 42 Pa.C.S. §§ 9799.54(b) and
9799.60(a.1), (b.1) or (b.3) are not an element of an offense
under this section.
(e) Arrests for violation.--
(1) A police officer shall have the same right of arrest
without a warrant as in a felony whenever the police officer
has probable cause to believe an individual has committed a
violation of this section regardless of whether the violation
occurred in the presence of the police officer.
(2) An individual arrested for a violation of this
section shall be afforded a preliminary arraignment by the
proper issuing authority without unnecessary delay. In no
case may the individual be released from custody without
first having appeared before the issuing authority.
(3) Prior to admitting an individual arrested for a
violation of this section to bail, the issuing authority
shall require all of the following:
(i) The individual must be fingerprinted and
photographed in the manner required by 42 Pa.C.S. Ch. 97
Subch. I (relating to continued registration of sexual
offenders).
(ii) The individual must provide the Pennsylvania
State Police with all current or intended residences, all
information concerning current or intended employment,
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including all employment locations, and all information
concerning current or intended enrollment as a student.
If the individual has a residence as defined in paragraph
(2) of the definition of "residence" set forth in 42
Pa.C.S. § 9799.53 (relating to definitions), the
individual must provide the Pennsylvania State Police
with the information required under 42 Pa.C.S. §
9799.56(a)(2)(i)(A), (B) and (C).
(iii) Law enforcement must make reasonable attempts
to verify the information provided by the individual.
(e.1) Affirmative defense.--It is an affirmative defense for
any prosecution under this section that the individual acted in
accordance with a court order under section 9799.59 (relating to
exemption from certain notifications).
(f) Applicability.--This section applies to:
(1) An individual who committed an offense set forth in
42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before
December 20, 2012, and whose period of registration under 42
Pa.C.S. § 9799.55 has not expired.
(2) An individual who was required to register with the
Pennsylvania State Police under a former sexual offender
registration law of this Commonwealth on or after April 22,
1996, but before December 20, 2012, whose period of
registration has not expired.
(3) An individual who, before the effective date of this
paragraph:
(i) Commits an offense subject to 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders);
but
(ii) because of a judicial determination on or after
the effective date of this section of the invalidity of
42 Pa.C.S. Ch. 97 Subch. H, is not subject to
registration as a sexual offender.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Sexually violent predator." As defined in 42 Pa.C.S. §
9799.53.
"Similar offense." An offense similar to an offense under
either subsection (a)(1) or (2) under the laws of this
Commonwealth, the United States or one of its territories or
possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation.
Section 4. Sections 2511(a)(11), 6303(b.1)(8)(vii),
6338.1(c)(4) and 6707 of Title 23 are amended to read:
§ 2511. Grounds for involuntary termination.
(a) General rule.--The rights of a parent in regard to a
child may be terminated after a petition filed on any of the
following grounds:
* * *
(11) The parent is required to register as a sexual
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offender under 42 Pa.C.S. Ch. 97 Subch. H (relating to
registration of sexual offenders) or I (relating to continued
registration of sexual offenders) or to register with a
sexual offender registry in another jurisdiction or foreign
country.
* * *
§ 6303. Definitions.
* * *
(b.1) Child abuse.--The term "child abuse" shall mean
intentionally, knowingly or recklessly doing any of the
following:
* * *
(8) Engaging in any of the following recent acts:
* * *
(vii) Leaving a child unsupervised with an
individual, other than the child's parent, who the actor
knows or reasonably should have known:
(A) Is required to register as a Tier II or Tier
III sexual offender under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders), where
the victim of the sexual offense was under 18 years
of age when the crime was committed.
(B) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.24 (relating to
assessments) or any of its predecessors.
(C) Has been determined to be a sexually violent
delinquent child as defined in 42 Pa.C.S. § 9799.12
(relating to definitions).
(D) Has been determined to be a sexually violent
predator under 42 Pa.C.S. § 9799.58 (relating to
assessments) or has to register for life under 42
Pa.C.S. § 9799.55(b) (relating to registration).
* * *
§ 6338.1. Expunction of information of perpetrator who was
under 18 years of age when child abuse was committed.
* * *
(c) Nonapplicability.--The provisions of this section shall
not apply to any of the following cases:
* * *
(4) [A sexual offender, as defined in 42 Pa.C.S. §
9799.12, who meets all of the following:] An individual who:
(i) Is required to register under 42 Pa.C.S. Ch. 97
Subch. H or I (relating to continued registration of
sexual offenders) as a result of a criminal conviction
for the same acts which resulted in the sexual offender
being named a perpetrator of child abuse.
(ii) Has not completed the period of registration
required under 42 Pa.C.S. [§ 9799.15 (relating to period
of registration)] Subch. H or I.
§ 6707. Agency use of designated address.
State and local government agencies shall accept the
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substitute address designated on a valid program participation
card issued to the program participant by the Office of Victim
Advocate as the program participant's address except as follows:
(1) when the State or local government agency has been
granted a waiver pursuant to section 6709 (relating to waiver
process); or
(2) when the program participant is any of the
following:
(i) a released offender complying with State or
county probation or parole requirements; or
(ii) a convicted sexual offender who has fulfilled
the offender's sentence but must register the offender's
community residence as required under 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders)
or I (relating to continued registration of sexual
offenders) or any similar registration requirement
imposed by any other jurisdiction.
Section 5. Section 9718.1(a) introductory paragraph of Title
42 is amended to read:
§ 9718.1. Sexual offender treatment.
(a) General rule.--A person, including an offender
designated as a "sexually violent predator" as defined in
section 9799.12 (relating to definitions) or 9799.53 (relating
to definitions), shall attend and participate in a Department of
Corrections program of counseling or therapy designed for
incarcerated sex offenders if the person is incarcerated in a
State institution for any of the following provisions under 18
Pa.C.S. (relating to crimes and offenses):
* * *
Section 5.1. Title 42 is amended by adding a section to
read:
Amend Bill, page 2, line 14, by striking out all of said line
and inserting
Section 5.2. Section 9799.10(4) of Title 42 is amended to
read:
§ 9799.10. Purposes of subchapter.
This subchapter shall be interpreted and construed to
effectuate the following purposes:
* * *
(4) To require individuals who are [currently] subject
to the criminal justice system of this Commonwealth as
inmates, supervised with respect to probation or parole or
registrants [under this subchapter] due to committing a
sexually violent offense on or after December 20, 2012, for
which the individual was convicted, to register with the
Pennsylvania State Police and to otherwise comply with this
subchapter. To the extent practicable and consistent with the
requirements of the Adam Walsh Child Protection and Safety
Act of 2006, this subchapter shall be construed to maintain
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existing procedures regarding registration of sexual
offenders who are subject to the criminal justice system of
this Commonwealth.
* * *
Section 6. Section 9799.11 heading of Title 42 is amended,
subsection (b) is amended by adding a paragraph and the section
is amended by adding a subsection to read:
§ 9799.11. Legislative findings [and], declaration of policy
and scope.
* * *
(b) Declaration of policy.--The General Assembly declares as
follows:
* * *
(4) It is the intention of the General Assembly to
address the Pennsylvania Supreme Court's decision in
Commonwealth v. Muniz , 164 A.3d 1189 (Pa. 2017) and the
Pennsylvania Superior Court's decision in Commonwealth v.
Butler (2017 WL3882445).
(c) Scope.--This subchapter shall apply to individuals who
committed a sexually violent offense on or after December 20,
2012, for which the individual was convicted.
Section 7. The definitions of "sexual offender," "sexually
violent delinquent child," "sexually violent offense," "sexually
violent predator" and "transient" in section 9799.12 of Title 42
are amended to read:
§ 9799.12. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Sexual offender." An individual [required to register under
this subchapter.] who has committed a sexually violent offense.
The term includes a sexually violent predator.
"Sexually violent delinquent child." As defined in section
6402 (relating to definitions)[.] if the determination as a
sexually violent delinquent child is based on an act of sexual
violence, as defined in section 6402, committed on or after
December 20, 2012, for which the child was adjudicated
delinquent and determined to be in need of commitment for
involuntary treatment as specified in Chapter 64 (relating to
court-ordered involuntary treatment of certain sexually violent
persons).
"Sexually violent offense." An offense specified in section
9799.14 (relating to sexual offenses and tier system) as a Tier
I, Tier II or Tier III sexual offense committed on or after
December 20, 2012, for which the individual was convicted.
"Sexually violent predator." An individual [determined to be
a sexually violent predator under section 9795.4 (relating to
assessments) prior to the effective date of this subchapter or
an individual convicted of an offense] who committed a sexually
violent offense on or after December 20, 2012, for which the
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individual was convicted, specified in:
(1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
(9) or (10) (relating to sexual offenses and tier system) or
an attempt, conspiracy or solicitation to commit any offense
under section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
(9) or (10);
(2) section 9799.14(c)(1), (1.1), (1.2), (1.3), (2),
(3), (4), (5) or (6) or an attempt, conspiracy or
solicitation to commit an offense under section 9799.14(c)
(1), (1.1), (1.2), (1.3), (2), (3), (4), (5) or (6); or
(3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7),
(8) or (9) or an attempt, conspiracy or solicitation to
commit an offense under section 9799.14(d)(1), (2), (3), (4),
(5), (6), (7), (8) or (9)
who[, on or after the effective date of this subchapter,] is
determined to be a sexually violent predator under section
9799.24 (relating to assessments) due to a mental abnormality or
personality disorder that makes the individual likely to engage
in predatory sexually violent offenses. The term includes an
individual determined to be a sexually violent predator or
similar designation where the determination occurred in another
jurisdiction, a foreign country or by court martial following a
judicial or administrative determination pursuant to a process
similar to that under section 9799.24[. In addition, the term
shall include any person convicted between January 23, 2005, and
December 19, 2012, of any offense set forth in section
9799.13(3.1) (relating to applicability) determined by a court
to be a sexually violent predator due to a mental abnormality or
personality disorder that made the person likely to engage in
predatory sexually violent offenses, which person shall be
deemed a sexually violent predator under this subchapter.] where
the determination or designation is based on the commitment of a
sexually violent offense on or after December 20, 2012, for
which the individual was convicted.
* * *
"Transient." [An individual required to register under this
subchapter] A sexual offender who does not have a residence but
nevertheless resides in this Commonwealth in a temporary habitat
or other temporary place of abode or dwelling, including, but
not limited to, a homeless shelter or park.
Section 8. Section 9799.13 of Title 42 is amended to read:
§ 9799.13. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.15
(relating to period of registration), 9799.19 (relating to
initial registration) and 9799.25 (relating to verification by
sexual offenders and Pennsylvania State Police) and otherwise
comply with the provisions of this subchapter:
(1) [An individual who, on or after the effective date
of this section, is convicted of a sexually violent offense
and who has a residence within this Commonwealth or is a
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transient.] A sexual offender who has a residence within this
Commonwealth or is a transient.
(1.1) [An individual who, on or after the effective date
of this section, is convicted of a sexually violent offense
in this Commonwealth and] A sexual offender who is convicted
in this Commonwealth and who does not have a residence in
this Commonwealth and:
(i) is employed in this Commonwealth; or
(ii) is a student in this Commonwealth.
(1.2) [An individual who, on or after the effective date
of this section, is convicted of a sexually violent offense
and] A sexual offender who does not have a residence within
this Commonwealth or is not a transient in this Commonwealth
and:
(i) is employed in this Commonwealth; or
(ii) is a student in this Commonwealth.
(2) [An individual who, on or after the effective date
of this section, is, as a result of a conviction for a
sexually violent offense,] A sexual offender who is an inmate
in a State or county correctional institution of this
Commonwealth, including a community corrections center or a
community contract facility, is being supervised by the
Pennsylvania Board of Probation and Parole or county
probation or parole, is subject to a sentence of intermediate
punishment or has supervision transferred pursuant to the
Interstate Compact for Adult Supervision in accordance with
section 9799.19(g).
(2.1) [An individual who, on or after the effective date
of this section, is, as a result of a conviction for a
sexually violent offense,] A sexual offender who is an inmate
in a Federal correctional institution or is supervised by
Federal probation authorities and who:
(i) has a residence within this Commonwealth or is a
transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
[(3) An individual who:
(i) was required to register with the Pennsylvania
State Police pursuant to this subchapter prior to
December 20, 2012, and who had not fulfilled the
individual's period of registration as of December 20,
2012; or
(ii) was required to register with the Pennsylvania
State Police pursuant to this subchapter prior to
December 20, 2012, and did not register.
(3.1) The following:
(i) An individual who between January 23, 2005, and
December 19, 2012, was:
(A) convicted of a sexually violent offense;
(B) released from a period of incarceration
resulting from a conviction for a sexually violent
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offense; or
(C) under the supervision of the Pennsylvania
Board of Probation and Parole or county probation or
parole as a result of a conviction for a sexually
violent offense.
(ii) For purposes of this paragraph, the term
"sexually violent offense" shall have the meaning set
forth in section 9799.12 (relating to definitions),
except that it shall not include:
(A) Convictions:
(I) Under the following provisions of 18
Pa.C.S. (relating to crimes and offenses):
Section 2902(b) (relating to unlawful
restraint).
Section 2903(b) (relating to false
imprisonment).
Section 2904 (relating to interference
with custody of children).
Section 3122.1 (relating to statutory
sexual assault).
Section 6301 (relating to corruption of
minors).
Section 7507.1 (relating to invasion of
privacy).
(II) For a comparable military offense or
similar offense under the laws of another
jurisdiction or foreign country or under a former
law of this Commonwealth prior to December 8,
2008.
(B) A conviction under 18 Pa.C.S. § 3126
(relating to indecent assault) where the crime is
graded as a misdemeanor of the second degree or where
the conviction occurred between January 22, 2006, and
January 1, 2007, when the crime is graded as a felony
of the third degree.
(3.2) An individual who between December 8, 2008, and
December 19, 2012, was:
(i) convicted of conspiracy or solicitation to
commit a sexually violent offense as defined in
paragraph (3.1);
(ii) released from serving a period of incarceration
resulting from a conviction for conspiracy or
solicitation to commit a sexually violent offense as
defined in paragraph (3.1); or
(iii) under the supervision of the Pennsylvania
Board of Probation and Parole or county probation or
parole as a result of a conviction for conspiracy or
solicitation to commit a sexually violent offense as
defined in paragraph (3.1).]
(7) [An individual who, on or after the effective date
of this section, is] A sexual offender required to register
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in a sexual offender registry in another jurisdiction or in a
foreign country based upon a conviction for a sexually
violent offense or under a sexual offender statute in the
jurisdiction where the individual is convicted and:
(i) has a residence in this Commonwealth or is a
transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(7.1) An individual who, [on or after the effective date
of this section,] as a result of committing an offense set
forth in section 9799.14(b)(23) (relating to sexual offenses
and tier system) on or after December 20, 2012, for which the
individual was convicted, is required to register in a sexual
offender registry in another jurisdiction or foreign country
[based upon a conviction of an offense set forth in section
9799.14(b)(23) (relating to sexual offenses and tier system)]
and:
(i) has a residence in this Commonwealth or is a
transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(7.2) [An individual who, on or after the effective date
of this paragraph,] A sexual offender who is convicted [of a
sexually violent offense] in another jurisdiction or foreign
country, or is incarcerated or under supervision as a result
of a conviction [for a sexually violent offense] in another
jurisdiction or foreign country and:
(i) has a residence in this Commonwealth or is a
transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(8) An individual who, on or after the effective date of
this section, is a juvenile offender who was adjudicated
delinquent within this Commonwealth or was adjudicated
delinquent in another jurisdiction or a foreign country and:
(i) has a residence within this Commonwealth;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(8.1) An individual who is a juvenile offender who is
adjudicated delinquent in this Commonwealth on or after the
effective date of this paragraph but who does not have a
residence within this Commonwealth, is not a transient, is
not employed in this Commonwealth or is not a student within
this Commonwealth must register with the Pennsylvania State
Police in accordance with section 9799.19 prior to leaving
this Commonwealth.
(8.2) An individual who between January 23, 2005, and
December 19, 2012, established a residence or was a transient
in this Commonwealth, was employed within this Commonwealth,
or was a student in this Commonwealth, and who was required
to register in a sexual offender registry as a result of an
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adjudication of delinquency for an offense which occurred in
a foreign country or another jurisdiction and that required
the individual to register in that foreign country or other
jurisdiction.
(9) An individual who[, on or after the effective date
of this section,] is a sexually violent delinquent child.
[who is committed for involuntary treatment or, on the
effective date of this section, is under commitment receiving
involuntary treatment in the State-owned facility or unit as
set forth in Chapter 64 (relating to court-ordered
involuntary treatment of certain sexually violent persons).]
Section 9. Section 9799.14(b)(3) of Title 42 is amended and
subsection (d) is amended by adding a paragraph to read:
§ 9799.14. Sexual offenses and tier system.
* * *
(b) Tier I sexual offenses.--The following offenses shall be
classified as Tier I sexual offenses:
* * *
(3) 18 Pa.C.S. § 2904 (relating to interference with
custody of children), except in cases where the defendant is
the child's parent, guardian or other lawful custodian.
* * *
(d) Tier III sexual offenses.--The following offenses shall
be classified as Tier III sexual offenses:
* * *
(17) One conviction of a sexually violent offense and
one conviction of a sexually violent offenses as defined in
section 9799.55 (relating to registration).
Section 10. Section 9799.15(a.1) and (b)(1)(i) and (iv) of
Title 42 are amended and the section is amended by adding a
subsection to read:
§ 9799.15. Period of registration.
* * *
[(a.1) Credit for time on registry.--The following apply:
(1) An individual subject to registration under this
subchapter shall receive credit for any time registered with
the Pennsylvania State Police prior to December 20, 2012.
(2) An individual subject to registration under this
subchapter shall register with the Pennsylvania State Police
for the period of time set forth in subsection (a), except
that:
(i) An individual registered pursuant to section
9799.13(2), (2.1), (3), (3.1) or (3.2) for a sexually
violent offense shall register for the period set forth
in subsection (a), less any credit for time spent
registered pursuant to this subchapter for that offense
prior to December 20, 2012.
(ii) An individual registered pursuant to section
9799.13(7), (7.1) or (7.2) for a sexually violent offense
shall register for the period set forth in subsection
(a), less any credit as a result of time registered in a
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sexual offender registry for that sexually violent
offense in the foreign country or other jurisdiction
where the individual was convicted.
(iii) An individual registered pursuant to section
9799.13(8), (8.1) or (8.2) as a result of an adjudication
of delinquency occurring in a foreign country or other
jurisdiction shall register for the period set forth in
subsection (a), less any credit as a result of time
registered in a sexual offender registry in the foreign
country or other jurisdiction where the individual was
adjudicated delinquent.]
(a.2) Assessment by court after 25 years.--An individual
required to register under subsection (a)(3),(5), (6) and (7)
may be exempt from the requirement to register, the requirement
to verify residence, employment and enrollment in an educational
institution, the requirement to appear on the publicly
accessible Internet website maintained by the Pennsylvania State
Police and all other requirements of this subchapter if:
(1) Subject to subsection (c), at least 25 years have
elapsed prior to filing a petition with the sentencing court
to be exempt from the requirements of this subchapter, during
which time the petitioner has not been convicted in this
Commonwealth or any other jurisdiction or foreign country of
an offense punishable by imprisonment of more than one year,
or the petitioner's release from custody following the
petitioner's most recent conviction for an offense, whichever
is later.
(2) Upon receipt of a petition filed under paragraph
(1), the sentencing court shall enter an order directing that
the petitioner be assessed by the board. Upon receipt from
the court of an order for an assessment under this
subsection, a member of the board designated by the
administrative officer of the board shall conduct an
assessment of the petitioner to determine if the relief
sought, if granted, is likely to pose a threat to the safety
of any other person. The board shall establish standards for
evaluations and for evaluators conducting assessments.
(3) The order for an assessment under this subsection
shall be sent to the administrative officer of the board
within 10 days of the entry. No later than 90 days following
receipt of the order, the board shall submit a written report
containing the board's assessment to the sentencing court,
the district attorney and the attorney for the petitioner.
(4) Within 120 days of filing the petition under
paragraph (1), the sentencing court shall hold a hearing to
determine whether to exempt the petitioner from the
application of any or all of the requirements of this
subchapter. The petitioner and the district attorney shall be
given notice of the hearing and an opportunity to be heard,
the right to call witnesses and the right to cross-examine
witnesses. The petitioner shall have the right to counsel and
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to have a lawyer appointed to represent the petitioner if the
petitioner cannot afford one.
(5) The sentencing court shall exempt the petitioner
from application of any or all of the requirements of this
subchapter, at the discretion of the court, only upon a
finding of clear and convincing evidence that exempting the
sexual offender from a particular requirement or all of the
requirements of this subchapter is not likely to pose a
threat to the safety of any other person.
(6) A court granting relief under this subsection shall
notify the Pennsylvania State Police in writing within 10
days from the date the relief is granted. If a memorandum of
understanding has been entered into under section 9799.26
(relating to victim notification) with respect to relief
granted to the petitioner, the Pennsylvania State Police
shall transmit the information about the relief to the Office
of Victim Advocate as soon as is practicable. The Office of
Victim Advocate shall notify the victim of the relief, in
accordance with the memorandum of understanding, as described
in section 9799.26.
(7) The petitioner and the Commonwealth shall have the
right to appellate review of the actions of the sentencing
court under this subsection. An appeal by the Commonwealth
shall stay the order of the sentencing court.
(8) The petitioner may file an additional petition with
the sentencing court no sooner than five years from the date
of the final determination of a court regarding the petition
and no sooner than every five years thereafter.
(9) If the petitioner is exempt from any provisions of
this subchapter and the petitioner is subsequently convicted
under 18 Pa.C.S. § 4915.1 (relating to failure to comply with
registration requirements), relief granted under this
subsection shall be void and the petitioner shall
automatically and immediately again be subject to the
provisions of this subchapter, as previously determined by
this subchapter.
(a.3) Agency cooperation.--All State, county and local
agencies, offices and entities in this Commonwealth, including
juvenile probation officers, shall cooperate by providing access
to records and information as requested by the board in
connection with the court-ordered assessment under subsection
(a.2).
(b) Commencement of registration.--The following apply:
(1) The period of registration set forth in subsection
(a) shall commence as follows:
(i) For an individual [convicted of] who committed a
sexually violent offense in this Commonwealth, the period
of registration shall commence upon:
(A) release from incarceration in a State or
county correctional facility, including release to a
community correction center or community contract
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facility;
(B) parole or a sentence of probation; or
(C) a sentence of State or county intermediate
punishment in which the person is not sentenced to a
period of incarceration.
* * *
(iv) For an individual who [is convicted of]
committed a sexually violent offense in another
jurisdiction or foreign country or a comparable military
offense, the period of registration shall commence upon
establishment of a residence or commencement of
employment or enrollment as a student within this
Commonwealth. This subparagraph shall apply to an
individual convicted of a sexually violent offense in
another jurisdiction or foreign country or comparable
military offense and who is a transient.
* * *
Section 11. Section 9799.16(a) of Title 42 is amended by
adding a paragraph to read:
§ 9799.16. Registry.
(a) Establishment.--There is established a Statewide
registry of sexual offenders in order to carry out the
provisions of this subchapter. The Pennsylvania State Police
shall create and maintain the registry. The registry shall
maintain a complete and systematic index of all records required
regarding sexual offenders in order to comply with the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248, 120 Stat. 587). The registry shall:
(1) Be composed of an electronic database and digitized
records.
(2) Be able to communicate with the Sex Offender
Registration and Notification Act Exchange Portal developed
by the United States Department of Justice, the National Sex
Offender Registry or any successor database which is
maintained by the Department of Justice and the Dru Sjodin
National Sex Offender Public Internet Website maintained by
the Department of Justice.
(3) Be able to communicate with sexual offender
registries established in other jurisdictions.
(4) Contain information about individuals required to
register with the Pennsylvania State Police under Subchapter
I (relating to continued registration of sexual offenders)
* * *
Section 12. Section 9799.19(b), (b.1), (c), (d), (e), (e.1),
(e.2), (f), (g), (i)(3) and (j) of Title 42 are amended and the
section is amended by adding subsections to read:
§ 9799.19. Initial registration.
* * *
[(b) Initial registration if incarcerated within
Commonwealth or by Federal Court on effective date of section.--
The following apply:
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(1) If the individual is, prior to the effective date of
this section, incarcerated in a Federal, State or county
correctional facility, the individual shall provide the
information set forth in section 9799.16(b) (relating to
registry) to the appropriate official of the Federal, State
or county correctional facility or the Pennsylvania Board of
Probation and Parole for inclusion in the registry before
being released due to:
(i) the expiration of sentence, in which case the
information shall be collected no later than ten days
prior to the maximum expiration date;
(ii) parole;
(iii) State or county intermediate punishment where
the sentence is restrictive and the individual is
sentenced to a period of incarceration in a State or
county correctional institution or a work release
facility; or
(iv) special probation supervised by the
Pennsylvania Board of Probation and Parole.
(2) For individuals set forth in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania Board of Probation
and Parole shall collect and forward the information in
section 9799.16(b) to the Pennsylvania State Police. The
appropriate official shall, in addition, ensure that the
information set forth in section 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
in section 9799.16(b) and (c) shall be included in the
registry. With respect to individuals released under
paragraph (1)(ii), (iii) or (iv), the State or county
correctional facility shall not release the individual until
it receives verification from the Pennsylvania State Police
that it has received the information set forth in section
9799.16(b) and (c). Verification may take place by electronic
means. With respect to individuals released under paragraph
(1)(i), if the individual refuses to provide the information
set forth in section 9799.16(b), the State or county
correctional institution shall notify the Pennsylvania State
Police or the municipal police department with jurisdiction
over the facility of the failure to provide the information
and of the expected date, time and location of the release of
the individual.
(b.1) Initial registration if sentenced to a county or State
correctional facility on or after the effective date of
section.--If the individual is, on or after the effective date
of this section, sentenced to a period of incarceration in a
county or State correctional facility, the individual shall
provide the information set forth in section 9799.16(b) as
follows:
(1) At the time of sentencing, the court shall require
the individual to immediately report to the Office of
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Probation and Parole serving that county to register under
this subchapter. The appropriate office of probation and
parole shall collect the information set forth in section
9799.16(b) from the individual and forward the information to
the Pennsylvania State Police. The appropriate office of
probation and parole shall, in addition, ensure the
information set forth in 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
in section 9799.16(b) and (c) shall be included in the
registry.
(2) If the individual is incarcerated in a State
correctional facility or county correctional facility, the
correctional facility shall notify the Pennsylvania State
Police, not more than 30 days in advance of, but not later
than ten days prior to, the individual's release from the
correctional facility. The following apply:
(i) The correctional facility shall ensure that the
information set forth in section 9799.16(b) and (c) for
the individual has been submitted to the Pennsylvania
State Police.
(ii) If the information has not been submitted to
the Pennsylvania State Police, the correctional facility
shall collect the information set forth in section
9799.16(b) from the individual and forward the
information to the Pennsylvania State Police.
(iii) The correctional facility shall also report
any changes to the information set forth in section
9799.16(b) and (c) on file with the Pennsylvania State
Police.
(iv) In the case of parole, State or county
intermediate punishment where the sentence is restrictive
and the individual is sentenced to a period of
incarceration in a State or county correctional
institution or work release facility or special probation
supervised by the Pennsylvania Board of Probation and
Parole, the correctional facility may not release the
individual until the correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
set forth in section 9799.16(b) and (c). Verification by
the Pennsylvania State Police may occur by electronic
means.
(v) If the individual is scheduled to be released
from a State or county correctional institution due to
the expiration of sentence and the individual refuses to
provide the information set forth in section 9799.16(b),
the State or county correctional institution shall notify
the Pennsylvania State Police or the municipal police
department with jurisdiction over the facility of the
failure to provide the information and of the expected
date, time and location of the release of the individual.
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(c) Initial registration if sentenced to county intermediate
punishment on effective date of section.--If the individual is,
on the effective date of this section, sentenced to county
intermediate punishment which is restorative where the
individual is not sentenced to incarceration or to a work
release facility, the individual shall provide the information
set forth in section 9799.16(b) by appearing at an approved
registration site within 48 hours of the effective date of this
section. The appropriate official of the county office of
probation and parole shall ensure that the individual has
appeared at an approved registration site as set forth in this
subsection. If the individual fails to appear, the appropriate
official of the county office of probation and parole shall
notify the Pennsylvania State Police. The Pennsylvania State
Police shall ensure the information set forth in section
9799.16(c) with respect to the individual is collected and
entered in the registry.
(d) Initial registration if sentenced to county intermediate
punishment after effective date of section.--If the individual
is, after the effective date of this section, sentenced to
county intermediate punishment, the following apply:
(1) If the individual is sentenced to county
intermediate punishment which is restorative, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of being sentenced. The appropriate official of the county
office of probation and parole shall ensure that the
individual has appeared at an approved registration site as
set forth in this paragraph. If the individual fails to
appear, the appropriate official of the county office of
probation and parole shall notify the Pennsylvania State
Police. The Pennsylvania State Police shall ensure the
information set forth in section 9799.16(c) with respect to
the individual is collected and entered in the registry.
(2) If the individual is sentenced to county
intermediate punishment which is restrictive where the
individual is not sentenced to incarceration or to a work
release facility, the individual shall provide the
information set forth in section 9799.16(b) by appearing at
an approved registration site within 48 hours of being
sentenced. The appropriate official of the county office of
probation and parole shall ensure that the individual has
appeared at an approved registration site as set forth in
this paragraph. If the individual fails to appear, the
appropriate official of the county office of probation and
parole shall notify the Pennsylvania State Police. The
Pennsylvania State Police shall ensure the information set
forth in section 9799.16(c) with respect to the individual is
collected and entered in the registry.
(e) Initial registration if sentenced to county probation on
or after effective date of section.--If the individual is, on or
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after the effective date of this section, sentenced to county
probation, the individual shall provide the information set
forth in section 9799.16(b) by appearing at an approved
registration site within 48 hours of being sentenced. The
appropriate official of the county office of probation and
parole shall ensure that the individual has appeared at an
approved registration site as set forth in this paragraph. If
the individual fails to appear, the appropriate official of the
county office of probation and parole shall notify the
Pennsylvania State Police. The Pennsylvania State Police shall
ensure the information set forth in section 9799.16(c) with
respect to the individual is collected and entered in the
registry.
(e.1) Initial registration for county or Federal
probationers on the effective date of this section.--
(1) If the individual is, on the effective date of this
section, already serving a sentence of county probation, the
appropriate office of probation and parole serving the county
shall register the individual within 48 hours. The
appropriate official of that office shall collect the
information set forth in section 9799.16(b) and forward that
information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
set forth in section 9799.16(c) is collected. The information
in section 9799.16(b) and (c) shall be included in the
registry. If the individual fails to comply, the appropriate
official of that office shall notify the Pennsylvania State
Police.
(2) If the individual is, on the effective date of this
section, already under the supervision of Federal probation
authorities for a sexually violent offense, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of the effective date of this section.
(e.2) Initial registration for county or State parolees on
the effective date of this section.--
(1) If the individual is, on the effective date of this
section, already serving a sentence of county parole, the
appropriate office of probation and parole serving the county
shall register the individual within 48 hours. The
appropriate official of that office shall collect the
information set forth in section 9799.16(b) and forward that
information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
set forth in section 9799.16(c) is collected. The information
in section 9799.16(b) and (c) shall be included in the
registry. If the individual fails to comply, the appropriate
official of that office shall notify the Pennsylvania State
Police.
(2) If the individual is, on the effective date of this
section, already serving a sentence of State parole, the
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Pennsylvania Board of Probation and Parole shall register the
individual within 48 hours. The appropriate official of the
Pennsylvania Board of Probation and Parole shall collect the
information set forth in section 9799.16(b) from the
individual and forward the information to the Pennsylvania
State Police. The Pennsylvania State Police shall ensure that
the information set forth in section 9799.16(c) is collected.
The information in section 9799.16(b) and (c) shall be
included in the registry. If the individual fails to comply,
the appropriate official of the Pennsylvania Board of
Probation and Parole shall notify the Pennsylvania State
Police.]
(f) Initial registration if being supervised by
Commonwealth under Interstate Compact for Adult Offender
Supervision.--If an individual is in this Commonwealth and is
being supervised by the State Board of Probation and Parole or
the county office of probation and parole pursuant to the
Interstate Compact for Adult Offender Supervision, the following
apply:
(1) If the individual is being supervised under the
compact [after the effective date of this section,] for
committing a sexually violent offense which requires
registration in another jurisdiction or foreign country
whether or not the sexual offense is designated as a sexually
violent offense, the individual shall provide the information
set forth in section 9799.16(b) to the appropriate official
of the State Board of Probation and Parole or the county
office of probation and parole for inclusion in the registry.
The appropriate official shall collect the information set
forth in section 9799.16(b) and forward the information to
the Pennsylvania State Police. The appropriate official
shall, in addition, ensure that the information set forth in
section 9799.16(c) is collected and forwarded to the
Pennsylvania State Police. If the individual fails to provide
the information in section 9799.16(b), the appropriate
official of the State Board of Probation and Parole or county
office of probation and parole shall notify the Pennsylvania
State Police.
[(2) If the individual is being supervised under the
compact on the effective date of this section, the individual
shall provide the information set forth in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of the effective date of this section. The appropriate
official of the Pennsylvania Board of Probation and Parole or
the county office of probation and parole shall ensure that
the individual has appeared at an approved registration site
as set forth in this paragraph. If the individual fails to
appear, the appropriate official shall notify the
Pennsylvania State Police. The appropriate official shall, in
addition, ensure the information set forth in section
9799.16(c) is collected and forwarded to the Pennsylvania
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State Police.]
(g) Supervision of individual convicted in Commonwealth who
does not intend to reside in Commonwealth.--[On or after the
effective date of this section, an individual convicted of] An
individual who committed a sexually violent offense within this
Commonwealth who seeks transfer of supervision to another
jurisdiction pursuant to the Interstate Compact for Adult
Offender Supervision shall not have supervision transferred to
another jurisdiction prior to the individual's registration with
the Pennsylvania State Police as set forth in this section.
* * *
(i) Initial registration if convicted or adjudicated
delinquent outside Commonwealth.--
* * *
(3) If the individual is[, on or after the effective
date of this section,] convicted of a sexually violent
offense and incarcerated in a Federal correctional
institution or being supervised by Federal probation
authorities, the individual shall appear in person at an
approved registration site to provide the information set
forth in section 9799.16(b) to the Pennsylvania State Police
within three business days of establishing residence,
commencing employment or commencing enrollment as a student
in this Commonwealth. In addition, the individual shall
comply with other provisions of this subchapter, including
section 9799.15. If the individual fails to establish a
residence but nevertheless resides in this Commonwealth, the
individual shall register as a transient. The Pennsylvania
State Police shall ensure that the information set forth in
section 9799.16(c) with respect to the individual is
collected and entered into the registry.
[(j) Former law and registration.--An individual subject to
registration under section 9799.13(3) shall appear at an
approved registration site to update registration or, if
necessary, to provide the information set forth in section
9799.16(b) to the Pennsylvania State Police within 90 days of
the effective date of this section. In addition, the individual
shall comply with the other provisions of this subchapter,
including section 9799.15. If the individual fails to establish
a residence, the individual shall register as a transient. The
Pennsylvania State Police shall ensure that the information set
forth in section 9799.16(c) with respect to the individual is
collected and entered in the registry.]
(k) Registration if incarcerated within Commonwealth or by
Federal court.--The following apply to an individual who
committed a sexually violent offense:
(1) If the individual is incarcerated in a Federal,
State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b)
(relating to registry) to the appropriate official of the
Federal, State or county correctional facility or the
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Pennsylvania Board of Probation and Parole for inclusion in
the registry before being released due to:
(i) the expiration of sentence, in which case the
information shall be collected no later than 10 days
prior to the maximum expiration date;
(ii) parole;
(iii) State or county intermediate punishment where
the sentence is restrictive and the individual is
sentenced to a period of incarceration in a State or
county correctional facility or a work release facility;
or
(iv) special probation supervised by the
Pennsylvania Board of Probation and Parole.
(2) For individuals described in paragraph (1), the
appropriate official of the Federal, State or county
correctional facility or the Pennsylvania Board of Probation
and Parole shall collect and forward the information in
section 9799.16(b) to the Pennsylvania State Police. The
appropriate official shall, in addition, ensure that the
information specified in section 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
specified in section 9799.16(b) and (c) shall be included in
the registry. With respect to individuals released under
paragraph (1)(ii), (iii) or (iv), the State or county
correctional facility shall not release the individual until
the State or county correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
specified in section 9799.16(b) and (c). Verification may
take place by electronic means. With respect to individuals
released under paragraph (1)(i), if the individual refuses to
provide the information specified in section 9799.16(b), the
State or county correctional facility shall notify the
Pennsylvania State Police or the municipal police department
with jurisdiction over the facility of the failure to provide
the information and of the expected date, time and location
of the release of the individual.
(l) Registration if sentenced to a State or county
correctional facility.--If the individual committed a sexually
violent offense and is sentenced to a period of incarceration in
a State or county correctional facility, the individual shall
provide the information specified in section 9799.16(b) as
follows:
(1) At the time of sentencing, the court shall require
the individual to immediately report to the office of
probation and parole serving that county to register under
this subchapter. The appropriate office of probation and
parole shall collect the information specified in section
9799.16(b) from the individual and forward the information to
the Pennsylvania State Police. The appropriate office of
probation and parole shall, in addition, ensure the
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information specified in section 9799.16(c) is collected and
forwarded to the Pennsylvania State Police. The information
specified in section 9799.16(b) and (c) shall be included in
the registry.
(2) If the individual is incarcerated in a State or
county correctional facility, the correctional facility shall
notify the Pennsylvania State Police, not more than 30 days
in advance of, but not later than 10 days prior to, the
individual's release from the correctional facility. The
following apply:
(i) The correctional facility shall ensure that the
information specified in section 9799.16(b) and (c) for
the individual has been submitted to the Pennsylvania
State Police.
(ii) If the information has not been submitted to
the Pennsylvania State Police, the correctional facility
shall collect the information specified in section
9799.16(b) from the individual and forward the
information to the Pennsylvania State Police.
(iii) The correctional facility shall also report
any changes to the information specified in section
9799.16(b) and (c) on file with the Pennsylvania State
Police.
(iv) In the case of parole, State or county
intermediate punishment where the sentence is
restrictive and the individual is sentenced to a period
of incarceration in a State or county correctional
facility or work release facility or special probation
supervised by the Pennsylvania Board of Probation and
Parole, the correctional facility may not release the
individual until the correctional facility receives
verification from the Pennsylvania State Police that the
Pennsylvania State Police has received the information
specified in section 9799.16(b) and (c). Verification by
the Pennsylvania State Police may occur by electronic
means.
(v) If the individual is scheduled to be released
from a State or county correctional facility due to the
expiration of sentence and the individual refuses to
provide the information specified in section 9799.16(b),
the State or county correctional facility shall notify
the Pennsylvania State Police or the municipal police
department with jurisdiction over the facility of the
failure to provide the information and of the expected
date, time and location of the release of the individual.
(m) Registration if sentenced to county intermediate
punishment.--If the individual committed a sexually violent
offense and is sentenced to county intermediate punishment which
is restorative where the individual is not sentenced to
incarceration or to a work release facility, the individual
shall provide the information specified in section 9799.16(b) by
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appearing at an approved registration site within 48 hours of
being sentenced. The appropriate official of the county office
of probation and parole shall ensure that the individual has
appeared at an approved registration site as described in this
subsection. If the individual fails to appear, the appropriate
official of the county office of probation and parole shall
notify the Pennsylvania State Police. The Pennsylvania State
Police shall ensure the information specified in section
9799.16(c) with respect to the individual is collected and
entered in the registry.
(n) Registration if sentenced to county intermediate
punishment.--If the individual committed a sexually violent
offense and is sentenced to county intermediate punishment, the
following apply:
(1) If the individual is sentenced to county
intermediate punishment which is restorative, the individual
shall provide the information specified in section 9799.16(b)
by appearing at an approved registration site within 48 hours
of being sentenced. The appropriate official of the county
office of probation and parole shall ensure that the
individual has appeared at an approved registration site as
specified in this paragraph. If the individual fails to
appear, the appropriate official of the county office of
probation and parole shall notify the Pennsylvania State
Police. The Pennsylvania State Police shall ensure the
information specified in section 9799.16(c) with respect to
the individual is collected and entered in the registry.
(2) If the individual is sentenced to county
intermediate punishment which is restrictive where the
individual is not sentenced to incarceration or to a work
release facility, the individual shall provide the
information specified in section 9799.16(b) by appearing at
an approved registration site within 48 hours of being
sentenced. The appropriate official of the county office of
probation and parole shall ensure that the individual has
appeared at an approved registration site as described in
this paragraph. If the individual fails to appear, the
appropriate official of the county office of probation and
parole shall notify the Pennsylvania State Police. The
Pennsylvania State Police shall ensure the information
specified in section 9799.16(c) with respect to the
individual is collected and entered in the registry.
(o) Registration if sentenced to county probation.--If the
individual committed a sexually violent offense and is sentenced
to county probation, the individual shall provide the
information specified in section 9799.16(b) by appearing at an
approved registration site within 48 hours of being sentenced.
The appropriate official of the county office of probation and
parole shall ensure that the individual has appeared at an
approved registration site as described in this subsection. If
the individual fails to appear, the appropriate official of the
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county office of probation and parole shall notify the
Pennsylvania State Police. The Pennsylvania State Police shall
ensure the information specified in section 9799.16(c) with
respect to the individual is collected and entered in the
registry.
(p) Registration for county or Federal probationers.-- If the
individual committed a sexually violent offense, the following
apply:
(1) If the individual is serving a sentence of county
probation, the appropriate office of probation and parole
serving the county shall register the individual within 48
hours. The appropriate official of that office shall collect
the information specified in section 9799.16(b) and forward
that information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
specified in section 9799.16(c) is collected. The information
specified in section 9799.16(b) and (c) shall be included in
the registry. If the individual fails to comply, the
appropriate official of that office shall notify the
Pennsylvania State Police.
(2) If the individual is under the supervision of
Federal probation authorities for a sexually violent offense,
the individual shall provide the information specified in
section 9799.16(b) by appearing at an approved registration
site within 48 hours of the effective date of this section.
(q) Registration for State or county parolees.--
(1) If the individual committed a sexually violent
offense and is serving a sentence of county parole, the
appropriate office of probation and parole serving the county
shall register the individual within 48 hours. The
appropriate official of that office shall collect the
information specified in section 9799.16(b) and forward that
information to the Pennsylvania State Police. The
Pennsylvania State Police shall ensure that the information
specified in section 9799.16(c) is collected. The information
specified in section 9799.16(b) and (c) shall be included in
the registry. If the individual fails to comply, the
appropriate official of that office shall notify the
Pennsylvania State Police.
(2) If the individual committed a sexually violent
offense and is serving a sentence of State parole, the
Pennsylvania Board of Probation and Parole shall register the
individual within 48 hours. The appropriate official of the
Pennsylvania Board of Probation and Parole shall collect the
information specified in section 9799.16(b) from the
individual and forward the information to the Pennsylvania
State Police. The Pennsylvania State Police shall ensure that
the information specified in section 9799.16(c) is collected.
The information specified in section 9799.16(b) and (c) shall
be included in the registry. If the individual fails to
comply, the appropriate official of the Pennsylvania Board of
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Probation and Parole shall notify the Pennsylvania State
Police.
Section 13. Section 9799.23(b)(2) of Title 42 is amended to
read:
§ 9799.23. Court notification and classification requirements.
* * *
(b) Mandatory registration.--All sexual offenders must
register in accordance with this subchapter. The following
apply:
* * *
(2) Except as provided in [section] sections
9799.15(a.2) (relating to period of registration) and 9799.17
(relating to termination of period of registration for
juvenile offenders), the court shall have no authority to
relieve a sexual offender from the duty to register under
this subchapter or to modify the requirements of this
subchapter as they relate to the sexual offender.
Section 14. Sections 9799.25(b)(2) and (3), (c)(1) and (f)
(1) and 9799.26(a)(1) of Title 42 are amended and the sections
are amended by adding subsections to read:
§ 9799.25. Verification by sexual offenders and Pennsylvania
State Police.
* * *
(a.1) Alternate requirements regarding verification.--The
following apply to an individual required to appear in person
under subsection (a)(2) or (a)(3):
(1) If the individual has been in compliance with the
requirements of this subchapter for the first three years of
the individual's period of registration and, during the same
three-year period, the individual has not been convicted in
this Commonwealth or any other jurisdiction or foreign
country of an offense punishable by imprisonment of more than
one year, the individual shall appear at an approved
registration site annually. The individual shall appear
within 10 days before the date designated by the Pennsylvania
State Police to verify information in section 9799.16(b) and
be photographed.
(2) The other appearances required of the individual
under this section may be completed by contacting the
Pennsylvania State Police by telephone at a telephone number
designated by the Pennsylvania State Police. The individual
shall call the Pennsylvania State Police within three
business days of the date designated by the Pennsylvania
State Police.
(3) If the individual fails to comply with the
provisions of this subsection and the individual is
subsequently convicted under 18 Pa.C.S. § 4915.1 (relating to
failure to comply with registration requirements), any relief
granted under this subsection shall be void, and the
petitioner shall automatically and immediately again be
subject to the provisions of this subchapter, as previously
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determined by this subchapter.
(a.2) Telephonic verification system.--The Pennsylvania
State Police shall develop a mechanism to permit individuals to
utilize the telephonic verification system established in this
section. No individual may utilize the telephonic verification
system until the Pennsylvania State Police publishes notice in
the Pennsylvania Bulletin that the system is operational.
(b) Deadline.--The following apply:
* * *
(2) In the case of a sexual offender who fails to appear
in person or telephonically as required under this section,
the Pennsylvania State Police shall notify the municipal
police department where the sexual offender has a residence,
is employed or is enrolled as a student. The municipal police
shall locate the sexual offender and arrest the sexual
offender for violating this section. A municipal police
department may request assistance locating or arresting a
sexual offender from the Pennsylvania State Police. In
municipalities where no municipal police department exists,
the Pennsylvania State Police shall locate the offender and
arrest the sexual offender for violating this section.
(3) In the case of a sexual offender who fails to appear
in person or telephonically as required under this section,
the Pennsylvania State Police shall notify the United States
Marshals Service in accordance with section 9799.22(b)(3)
(relating to enforcement).
(c) Facilitation of verification.--The Pennsylvania State
Police shall administer and facilitate the process of
verification of information, including compliance with
counseling in the case of sexually violent predators and
sexually violent delinquent children, and photographing the
sexual offender by:
(1) Sending a notice by first class United States mail
to each sexual offender at the last reported location where
the offender receives mail. The notice shall be sent not more
than 30 days nor less than 15 days prior to the date a sexual
offender is required to appear pursuant to subsection (a) or
(a.1). The notice shall remind the sexual offender of the
sexual offender's responsibilities under this subchapter,
including counseling in the case of sexually violent
predators and sexually violent delinquent children, and
provide a list of approved registration sites and the
telephone number to contact the Pennsylvania State Police
under subsection (a.1).
* * *
(f) Residents in group-based homes.--
(1) A group-based home may not provide concurrent
residence in the group-based home to more than five
individuals in total who are required to register under this
[chapter] subchapter and Subchapter I (relating to continued
registration of sexual offenders) as sexually violent
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predators.
* * *
§ 9799.26. Victim notification.
(a) Duty to inform victim.--
(1) If an [offender] individual is determined to be a
sexually violent predator or a sexually violent delinquent
child, the municipal police department or the Pennsylvania
State Police, if no municipal police jurisdiction exists,
shall give written notice to the victim when the sexually
violent predator or the sexually violent delinquent child
registers initially under section 9799.19 (relating to
initial registration) or under section 9799.15(g)(2), (3) or
(4) (relating to period of registration). The notice shall be
given within 72 hours after the sexually violent predator or
the sexually violent delinquent child registers or notifies
the Pennsylvania State Police of current information under
section 9799.15(g). The notice shall contain the following
information about the sexually violent predator or sexually
violent delinquent child:
(i) Name.
(ii) Residence. This subparagraph includes whether
the sexually violent predator or sexually violent
delinquent child is a transient, in which case the notice
shall contain information about the transient's temporary
habitat or other temporary place of abode or dwelling,
including, but not limited to, a homeless shelter or
park. In addition, the notice shall contain a list of
places the transient eats, frequents and engages in
leisure activities.
(iii) The address of employment.
(iv) The address where the sexually violent predator
or sexually violent delinquent child is enrolled as a
student.
* * *
(d) Alternate means of notifying victims.--
(1) The Pennsylvania State Police may enter into a
memorandum of understanding with the Office of Victim
Advocate to assist the Pennsylvania State Police in notifying
victims and providing the information under subsection (a).
In addition, the memorandum of understanding may also include
the Office of Victim Advocate's notifying a victim of relief
granted to a petitioner under section 9799.15(a.2). The
memorandum of understanding must state the manner and method
of notifying victims and the duties of the Pennsylvania State
Police and the Office of Victim Advocate under this section
and section 9799.15(a.2). A memorandum of understanding
entered into under this subsection shall be valid for no more
than 10 years. There shall be no limit to the number of
memoranda of understanding which may be executed by the
Pennsylvania State Police and the Office of Victim Advocate
under this subsection.
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(2) As used in this subsection, the term "Office of
Victim Advocate" shall mean the office established under
section 301 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.
Section 15. Section 9799.31(13) of Title 42 is amended to
read:
§ 9799.31. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
* * *
(13) The Department of [Public Welfare] Human Services
and its agents and employees.
* * *
Section 16. Section 9799.32(6) of Title 42 is amended and
the section is amended by adding a paragraph to read:
§ 9799.32. Pennsylvania State Police.
The Pennsylvania State Police have the following duties:
* * *
(6) To facilitate verification of information from
individuals [required to register under this subchapter]
under section 9799.13 (relating to applicability) as provided
in section 9799.25 (relating to verification by sexual
offenders and Pennsylvania State Police).
* * *
(10) To develop the telephonic verification system
established under section 9799.25 (relating to verification
by sexual offenders and Pennsylvania State Police).
Section 17. Sections 9799.34(1), 9799.36(b), 9799.38(a)(1)
and (2) and 9799.39 of Title 42 are amended to read:
§ 9799.34. Duties of facilities housing sexual offenders.
The Department of Corrections, a county correctional
facility, an institution or facility set forth in section
6352(a)(3) (relating to disposition of delinquent child) and the
separate, State-owned facility or unit established under Chapter
64 (relating to court-ordered involuntary treatment of certain
sexually violent persons) shall have the following duties:
(1) To perform their respective duties in accordance
with section 9799.19 (relating to initial registration). This
paragraph includes taking a current photograph of the
individual [required to register under this subchapter]
specified in section 9799.13 (relating to applicability)
before the individual is released from confinement or
commitment or is discharged.
* * *
§ 9799.36. Counseling of sexually violent predators.
* * *
(b) Designation in another jurisdiction.--If an individual
[required to register under this subchapter] specified in
section 9799.13 (relating to applicability) has been designated
as a sexually violent predator in another jurisdiction and was
required to undergo counseling, the individual shall be subject
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to the provisions of this section.
* * *
§ 9799.38. Annual performance audit.
(a) Duties of the Attorney General.--The Attorney General
has the following duties:
(1) To conduct a performance audit annually to determine
compliance with the requirements of this subchapter and
Subchapter I (relating to continued registration of sexual
offenders) and any guidelines promulgated under this
subchapter and Subchapter I. The audit shall, at a minimum,
include a review of the practices, procedures and records of
the Pennsylvania State Police, the Pennsylvania Board of
Probation and Parole, the Department of Corrections, the
board, the Administrative Office of Pennsylvania Courts and
any other State or local agency the Attorney General deems
necessary in order to conduct a thorough and accurate
performance audit.
(2) To prepare an annual report of its findings and any
action that it recommends be taken by the Pennsylvania State
Police, the Pennsylvania Board of Probation and Parole, the
Department of Corrections, the board, the Administrative
Office of Pennsylvania Courts, other State or local agencies
and the General Assembly to ensure compliance with this
subchapter and Subchapter I. The first report shall be
released to the general public no fewer than 18 months
following the effective date of this section.
* * *
§ 9799.39. Photographs and fingerprinting.
An individual subject to registration under section 9799.13
(relating to applicability) shall submit to fingerprinting and
photographing as required by this subchapter. Fingerprinting as
required by this subchapter shall, at a minimum, require
submission of a full set of fingerprints and palm prints.
Photographing as required by this subchapter shall, at a
minimum, require submission to photographs of the face and any
scars, marks, tattoos or other unique features of the
individual. Fingerprints and photographs obtained under this
subchapter may be maintained for use under this subchapter and
for general law enforcement purposes.
Section 18. Title 42 is amended by adding a section to read:
§ 9799.42. Standing for Pennsylvania State Police.
Except for petitions filed under section 9799.15(a.2)
(relating to period of registration), the Pennsylvania State
Police shall have standing to appear and contest a filing in a
court of this Commonwealth which seeks to challenge in any way
the obligation of an individual required to register with the
Pennsylvania State Police under this subchapter.
Section 19. Chapter 97 of Title 42 is amended by adding a
subchapter to read:
SUBCHAPTER I
CONTINUED REGISTRATION OF SEXUAL OFFENDERS
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