PRINTER'S NO. 2829
No. 2052 Session of 2005
INTRODUCED BY WOJNAROSKI, PETRARCA, MANN, REED, CALTAGIRONE,
HASAY, READSHAW, FLEAGLE, BUNT, BARRAR, BELFANTI, BAKER,
CAPPELLI, MUNDY, KOTIK, HICKERNELL, BENNINGHOFF, CLYMER,
SHAPIRO, LaGROTTA, MARKOSEK, KAUFFMAN, GEIST, BLAUM, GOODMAN,
MARSICO, STABACK, GRUCELA, HESS, PISTELLA, SAINATO, WALKO,
CRAHALLA, HUTCHINSON, SAYLOR, WANSACZ, CORRIGAN, DeLUCA,
MELIO, M. KELLER, McILHATTAN, MUSTIO, REICHLEY, HARRIS,
SIPTROTH AND BEYER, OCTOBER 17, 2005
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for rape, for involuntary deviate
4 sexual intercourse and for indecent assault; barring the
5 presence of sexual offenders in certain areas; providing for
6 hindering identification of sexual offenders and for
7 electronic monitoring of certain sexual offenders; imposing
8 duties on the Pennsylvania State Police; and imposing
9 penalties.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 3121(e), 3123(d) and 3125(c) of Title 18
13 of the Pennsylvania Consolidated Statutes are amended to read:
14 § 3121. Rape.
15 * * *
16 (e) Sentences.--Notwithstanding the provisions of section
17 1103 (relating to sentence of imprisonment for felony), a person
18 convicted of an offense under:
1 (1) Subsection (c) shall be sentenced to a term of
2 imprisonment which shall be fixed by the court at not less
3 than 25 nor more than 40 years if the offense was a first
4 offense and was a singular occurrence involving one victim.
5 (2) Subsection (c) which is not covered by paragraph (1)
6 or under subsection (d) shall be sentenced to a minimum term
7 of 25 years up to a maximum term of life imprisonment.
8 § 3123. Involuntary deviate sexual intercourse.
9 * * *
10 (d) Sentences.--Notwithstanding the provisions of section
11 1103 (relating to sentence of imprisonment for felony), a person
12 convicted of an offense under:
13 (1) Subsection (b) shall be sentenced to a term of
14 imprisonment which shall be fixed by the court at not less
15 than 25 years nor more than 40 years if the offense was a
16 first offense and was a singular occurrence involving one
17 victim.
18 (2) Subsection (b) which is not covered by paragraph (1)
19 or under subsection (c) shall be sentenced to a minimum term
20 of 25 years up to a maximum term of life imprisonment.
21 * * *
22 § 3125. Aggravated indecent assault.
23 * * *
24 (c) Grading and sentences.--
25 (1) An offense under subsection (a) is a felony of the
26 second degree.
27 (2) An offense under subsection (b) is a felony of the
28 first degree. If the offense was a first offense and was a
29 singular occurrence involving one victim, the defendant shall
30 be sentenced to a term of imprisonment which shall be fixed
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1 by the court at not less than 25 years nor more than 40
2 years. Otherwise, the defendant shall be sentenced to a
3 minimum term of 25 years up to a maximum term of life
4 imprisonment.
5 Section 2. Title 18 is amended by adding sections to read:
6 § 3130. Sexual offenders barred from certain areas.
7 (a) Offense defined.--A sexual offender who intentionally or
8 knowingly enters a protected area other than to serve a criminal
9 sentence or receive health care commits a felony of the third
10 degree.
11 (b) Changed circumstances.--If a new protected area is
12 constructed or established in such manner as to incorporate the
13 legal residence of a sexual offender, the sexual offender shall
14 comply with subsection (a) within six months of learning of
15 construction or establishment of the new protected area.
16 (c) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Protected area." The area located within 5,000 feet of the
20 real property comprising an elementary or secondary school, a
21 child care center or a playground.
22 "Sexual offender." A person who is required to register with
23 the Pennsylvania State Police pursuant to the provisions of 42
24 Pa.C.S. § 9795.1 (relating to registration).
25 § 5105.1. Hindering identification of sexual offender.
26 (a) Offense defined.--A person who has reason to believe
27 that a sexual offender has violated section 4915 (relating to
28 failure to comply with registration of sexual offenders
29 requirements) commits an offense if the person intentionally or
30 knowingly does any of the following:
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1 (1) Fails to notify law enforcement authorities of the
2 violation.
3 (2) Withholds information from law enforcement
4 authorities or provides false or misleading information to
5 law enforcement authorities concerning the sexual offender or
6 the violation.
7 (3) Harbors or conceals the sexual offender or assists
8 another person in harboring or concealing the sexual
9 offender.
10 (b) Penalty.--A violation of this section is an offense of
11 the same grade and degree as the most serious offense committed
12 by the sexual offender under section 4915.
13 (c) Definition.--As used in this section, the term "sexual
14 offender" means a person who is required to register with the
15 Pennsylvania State Police pursuant to the provisions of 42
16 Pa.C.S. § 9795.1 (relating to registration).
17 Section 3. Title 42 is amended by adding a section to read:
18 § 9795.6. Electronic monitoring of certain offenders.
19 (a) General rule.--The State Police shall affix to each
20 sexual offender a device which enables the location of the
21 offender to be monitored through use of GPS and related
22 technology. The device shall be designed so that it:
23 (1) actively and continuously monitors, identifies and
24 reports location data;
25 (2) permits the State Police or an entity operating on
26 behalf of the State Police to receive location data, record
27 it securely and confidentially and retain it indefinitely;
28 (3) can be worn around the wrist or ankle; and
29 (4) cannot be removed without employing specialized
30 equipment specifically designed for that purpose.
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1 A person who intentionally removes, alters, tampers with,
2 interferes with the operation of, damages or destroys a device
3 affixed pursuant to this subsection commits a felony of the
4 third degree.
5 (b) Utilization of data.--All data collected under this
6 section shall be combined and retained in a single database
7 which can be searched by date, time and location. Information in
8 the database is confidential and shall be accessed only by
9 authorized State Police personnel in connection with official
10 investigation of cases in which a person's status as a
11 registered sexual offender may be relevant to the investigation.
12 A person who violates any provision of this subsection commits a
13 misdemeanor of the third degree.
14 (c) Applicability.--This section shall apply to all sexual
15 offenders regardless of the date of conviction.
16 (d) Costs.--Unless a court finds that undue hardship would
17 result, any person tracked by an electronic monitoring device
18 pursuant to this section shall be required to reimburse the
19 State Police for the costs of the electronic monitoring device
20 at a rate of $10 per day, which shall be in addition to any
21 other costs imposed pursuant to statutory authority. The State
22 Police shall be responsible for all costs related to
23 implementation of this section.
24 (e) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "GPS." A global positioning system operated by the United
28 States Department of Defense which provides specially coded
29 satellite signals that can be processed by a receiver to compute
30 location.
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1 "Sexual offender." An individual who is required to register
2 under section 9795.1 (relating to registration).
3 "State Police." The Pennsylvania State Police.
4 Section 4. This act shall take effect in 60 days.
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