PRINTER'S NO. 3275
No. 2267 Session of 2008
INTRODUCED BY DALLY, BAKER, BEAR, BOYD, BRENNAN, CAPPELLI, CLYMER, CONKLIN, CREIGHTON, EVERETT, FLECK, FREEMAN, GEIST, GIBBONS, GINGRICH, GOODMAN, GRUCELA, HARPER, HENNESSEY, HESS, KAUFFMAN, KILLION, KOTIK, MARSHALL, McILHATTAN, MICOZZIE, R. MILLER, MILNE, MOUL, MURT, O'NEILL, PAYNE, PICKETT, PYLE, READSHAW, SCAVELLO, SONNEY, STERN, SWANGER, J. TAYLOR, TRUE AND YOUNGBLOOD, FEBRUARY 26, 2008
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2008
AN ACT 1 Amending Titles 23 (Domestic Relations) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, further providing for information relating to 4 prospective child-care personnel, for registration, for 5 registration procedures and applicability, for verification 6 of residence and for information made available on the 7 Internet. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Section 6344(d)(1) and (2) of Title 23 of the 11 Pennsylvania Consolidated Statutes are amended to read: 12 § 6344. Information relating to prospective child-care 13 personnel. 14 * * * 15 (d) Prospective adoptive or foster parents.--With regard to 16 prospective adoptive or prospective foster parents, the 17 following shall apply: 18 (1) In the course of causing an investigation to be made
1 pursuant to section 2535(a) (relating to investigation), an 2 agency or person designated by the court to conduct the 3 investigation shall require prospective adoptive parents and 4 any individual over the age of 18 years residing in the home 5 to submit the information set forth in subsection (b)(1) and 6 (2) for review in accordance with this section. Effective on 7 and after July 1, 2009, no prospective adoptive parent may be 8 finally approved for placement of a child until a criminal 9 records check of national crime information databases 10 required by section 471 of the Social Security Act (49 Stat. 11 620, 42 U.S.C. § 671(a)) is conducted. 12 (2) In the course of approving a prospective foster 13 parent, a foster family care agency shall require prospective 14 foster parents and any individual over the age of 18 years 15 residing in the home to submit the information set forth in 16 subsection (b)(1) and (2) for review by the foster family 17 care agency in accordance with this section. On or before 18 July 1, 2009, the foster family care agency shall implement a 19 requirement that before a prospective foster parent may be 20 finally approved for placement of a child, a criminal records 21 check of national crime information databases required by 22 section 471 of the Social Security Act shall be conducted by 23 the foster family care agency. In addition, the foster family 24 care agency shall consider the following when assessing the 25 ability of applicants for approval as foster parents: 26 (i) The ability to provide care, nurturing and 27 supervision to children. 28 (ii) Mental and emotional well-being. If there is a 29 question regarding the mental or emotional stability of a 30 family member which might have a negative effect on a 20080H2267B3275 - 2 -
1 foster child, the foster family care agency shall require 2 a psychological evaluation of that person before 3 approving the foster family home. 4 (iii) Supportive community ties with family, friends 5 and neighbors. 6 (iv) Existing family relationships, attitudes and 7 expectations regarding the applicant's own children and 8 parent/child relationships, especially as they might 9 affect a foster child. 10 (v) Ability of the applicant to accept a foster 11 child's relationship with his own parents. 12 (vi) The applicant's ability to care for children 13 with special needs. 14 (vii) Number and characteristics of foster children 15 best suited to the foster family. 16 (viii) Ability of the applicant to work in 17 partnership with a foster family care agency. This 18 subparagraph shall not be construed to preclude an 19 applicant from advocating on the part of a child. 20 * * * 21 Section 2. Section 9795.1(a) of Title 42 is amended and the 22 section is amended by adding a subsection to read: 23 § 9795.1. Registration. 24 (a) [Ten-year] Periods of registration.--The following 25 individuals shall be required to register with the Pennsylvania 26 State Police for a period [of ten years] as hereafter provided: 27 (1) Individuals convicted of any of the following 28 offenses: 29 18 Pa.C.S. § 2901 (relating to kidnapping) where the 30 victim is a minor, 25 years. 20080H2267B3275 - 3 -
1 18 Pa.C.S. § 2910 (relating to luring a child into a 2 motor vehicle[)] or structure), 15 years. 3 18 Pa.C.S. § 3124.2 (relating to institutional sexual 4 assault), 15 years, or where victim is a minor, 25 years. 5 18 Pa.C.S. § 3126 (relating to indecent assault) 6 where the offense is graded as a misdemeanor of the first 7 degree or higher, 15 years. 8 18 Pa.C.S. § 4302 (relating to incest) where the 9 victim is 12 years of age or older but under 18 years of 10 age, 15 years. 11 18 Pa.C.S. § 5902(b) (relating to prostitution and 12 related offenses) where the actor promotes the 13 prostitution of a minor, 25 years. 14 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to 15 obscene and other sexual materials and performances) 16 where the victim is a minor, 25 years. 17 18 Pa.C.S. § 6312 (relating to sexual abuse of 18 children), 25 years. 19 18 Pa.C.S. § 6318 (relating to unlawful contact with 20 minor), 15 years. 21 18 Pa.C.S. § 6320 (relating to sexual exploitation of 22 children), 25 years. 23 (2) Individuals convicted of an attempt to commit any of 24 the offenses under paragraph (1) or subsection (b)(2), 15 25 years. 26 (3) Individuals currently residing in this Commonwealth 27 who have been convicted of offenses similar to the crimes 28 cited in paragraphs (1) and (2) under the laws of the United 29 States or one of its territories or possessions, another 30 state, the District of Columbia, the Commonwealth of Puerto 20080H2267B3275 - 4 -
1 Rico or a foreign nation, 15 years. 2 * * * 3 (d) Information to be included in registry.--The following 4 information shall be included in the registry for each person 5 required to register under this section: 6 (1) Full legal name and all known aliases and prior 7 legal names. 8 (2) Date of birth. 9 (3) A physical description, including sex, height, 10 weight, eye color, hair color and race. 11 (4) A current photograph. 12 (5) Any identifying marks, including scars, birthmarks 13 and tattoos. 14 (6) Social Security number. 15 (7) All telephone numbers, including land line and 16 mobile telephone numbers. 17 (8) All electronic mail addresses and Internet website 18 addresses. 19 (9) The street address, municipality, county and zip 20 code of all residences, including, where applicable, the name 21 of the prison or other place of confinement. 22 (10) The street address, municipality, county, zip code 23 and name of any institution or location at which the person 24 is enrolled as a student. 25 (11) The street address, municipality, county, zip code 26 and name of any place at which the person is employed or 27 serves as a volunteer. 28 (12) A photocopy of a valid driver's license or 29 identification card. 30 (13) The make, model, year, color, license plate number, 20080H2267B3275 - 5 -
1 registration number and description of any vehicle owned by, 2 leased by or operated by the person. 3 (14) The criminal offense for which the person is 4 required to register. 5 (15) The criminal history of the person, including dates 6 of arrests and convictions and correctional and release data. 7 (16) Fingerprints, palm prints and DNA sample. 8 (17) Whether the victim was a minor at the time of the 9 offense. 10 (18) Whether the person is currently compliant with 11 registration requirements. 12 (19) Any other information required by Federal law. 13 Section 3. Sections 9795.2(a)(1) and (3) and (b)(4)(iii) and 14 (iv), 9796 and 9798.1 of Title 42 are amended to read: 15 § 9795.2. Registration procedures and applicability. 16 (a) Registration.-- 17 (1) Offenders and sexually violent predators shall be 18 required to register with the Pennsylvania State Police 19 [upon] prior to release from incarceration, [upon] prior to 20 release on parole from a State or county correctional 21 institution or upon the commencement of a sentence of 22 intermediate punishment or probation. For purposes of 23 registration, offenders and sexually violent predators shall 24 provide the Pennsylvania State Police with [all current or 25 intended residences, all information concerning current or 26 intended employment and all information concerning current or 27 intended enrollment as a student.] all information required 28 under section 9795.1(d) (relating to registration). 29 * * * 30 (3) The [ten-year] registration period required in 20080H2267B3275 - 6 -
1 section 9795.1(a) [(relating to registration)] shall be 2 tolled when an offender is recommitted for a parole violation 3 or sentenced to an additional term of imprisonment. In such 4 cases, the Department of Corrections or county correctional 5 facility shall notify the Pennsylvania State Police of the 6 admission of the offender. 7 * * * 8 (b) Individuals convicted or sentenced by a court or 9 adjudicated delinquent in jurisdictions outside this 10 Commonwealth or sentenced by court martial.-- 11 (4) An individual who resides, is employed or is a 12 student in this Commonwealth and who has been convicted of or 13 sentenced by a court or court martialed for a sexually 14 violent offense or a similar offense under the laws of the 15 United States or one of its territories or possessions, 16 another state, the District of Columbia, the Commonwealth of 17 Puerto Rico or a foreign nation, or who was required to 18 register under a sexual offender statute in the jurisdiction 19 where convicted, sentenced or court martialed, shall register 20 at an approved registration site within 48 hours of the 21 individual's arrival in this Commonwealth. The provisions of 22 this subchapter shall apply to the individual as follows: 23 * * * 24 (iii) Except as provided in subparagraphs (i), (ii), 25 (iv) and (v), if the individual has been convicted or 26 sentenced by a court or court martialed for an offense 27 listed in section 9795.1(a) or an equivalent offense, the 28 individual shall be, notwithstanding section 9792, 29 considered an offender and subject to registration 30 pursuant to this subchapter. The individual shall also be 20080H2267B3275 - 7 -
1 subject to the provisions of this section and sections 2 9796 and 9798.1(c)(2). The individual shall be subject to 3 this subchapter for a period of [ten] 15 years or for a 4 period of time equal to the time for which the individual 5 was required to register in the other jurisdiction or 6 required to register by reason of court martial, 7 whichever is greater, less any credit due to the 8 individual as a result of prior compliance with 9 registration requirements. 10 (iv) Except as provided in subparagraph (i) and 11 notwithstanding subparagraph (v), if the individual is 12 subject to active notification in the other jurisdiction 13 or subject to active notification by reason of court 14 martial, the individual shall, notwithstanding section 15 9792, be considered an offender and subject to this 16 section and sections 9796, 9798 and 9798.1(c)(1). If the 17 individual was convicted of or sentenced in the other 18 jurisdiction or sentenced by court martial for an offense 19 listed in section 9795.1(b) or an equivalent offense, the 20 individual shall be subject to this subchapter for the 21 individual's lifetime. If the individual was convicted of 22 or sentenced in the other jurisdiction or sentenced by 23 court martial for an offense listed in section 9795.1(a) 24 or an equivalent offense, the individual shall be subject 25 to this subchapter for a period of [ten] 15 years or for 26 a period of time equal to the time for which the 27 individual was required to register in the other 28 jurisdiction or required to register by reason of court 29 martial, whichever is greater, less any credit due to the 30 individual as a result of prior compliance with 20080H2267B3275 - 8 -
1 registration requirements. Otherwise, the individual 2 shall be subject to this subchapter for a period of time 3 equal to the time for which the individual was required 4 to register in the other jurisdiction or required to 5 register by reason of court martial, less any credit due 6 to the individual as a result of prior compliance with 7 registration requirements. 8 * * * 9 § 9796. Verification of residence. 10 (a) [Quarterly] Monthly verification by sexually violent 11 predators.--The Pennsylvania State Police shall verify the 12 residence and compliance with counseling as provided for in 13 section 9799.4 (relating to counseling of sexually violent 14 predators) of sexually violent predators every [90] 30 days 15 through the use of a nonforwardable verification form to the 16 last reported residence. [For the period of registration 17 required by section 9795.1 (relating to registration), a 18 sexually violent predator shall appear quarterly between January 19 5 and January 15, April 5 and April 15, July 5 and July 15 and 20 October 5 and October 15 of each calendar year at an approved 21 registration site to complete a verification form and to be 22 photographed.] 23 (a.1) Facilitation of [quarterly] monthly verification.--The 24 Pennsylvania State Police shall facilitate and administer the 25 verification process required by subsection (a) by: 26 (1) sending a notice by first class United States mail 27 to all registered sexually violent predators at their last 28 reported residence addresses. This notice shall be sent not 29 more than 30 days nor less than 15 days prior to each of the 30 [quarterly] monthly verification periods set forth in 20080H2267B3275 - 9 -
1 subsection (a) and shall remind sexually violent predators of 2 their [quarterly] monthly verification requirement and 3 provide them with a list of approved registration sites; and 4 (2) providing verification and compliance forms as 5 necessary to each approved registration site not less than 6 ten days before each of the [quarterly] monthly verification 7 periods. 8 (a.2) Quarterly appearance and verification by sexually 9 violent predators.--Sexually violent predators shall appear in 10 person once each quarter between January 5 and January 15, April 11 5 and April 15, July 5 and July 15 and October 5 and October 15 12 of each calendar year at an approved registration site to 13 complete a verification form and to be photographed. 14 (b) [Annual] Semiannual verification by offenders.--[The 15 Pennsylvania State Police shall verify the residence of 16 offenders.] For the period of registration required by section 17 9795.1 (relating to registration), an offender shall appear 18 [within ten days before each annual anniversary] twice each 19 calendar year, at six-month intervals from the date of the 20 offender's initial registration under section 9795.1 at an 21 approved registration site to complete a verification form and 22 to be photographed. 23 (b.1) Facilitation of [annual] semiannual verification.--The 24 Pennsylvania State Police shall facilitate and administer the 25 verification process required by subsection (b) by: 26 (1) sending a notice by first class United States mail 27 to all registered offenders at their last reported residence 28 addresses. This notice shall be sent not more than 30 days 29 nor less than 15 days prior to each offender's annual 30 anniversary date and shall remind the offender of the 20080H2267B3275 - 10 -
1 [annual] semiannual verification requirement and provide the 2 offender with a list of approved registration sites; and 3 (2) providing verification and compliance forms as 4 necessary to each approved registration site. 5 (b.2) Quarterly verification of residence by offenders.--The 6 Pennsylvania State Police shall verify the residence of 7 offenders every 90 days through the use of a nonforwardable 8 verification form to the last reported residence. 9 (c) Notification of law enforcement agencies of change of 10 residence.--A change of residence of an offender or sexually 11 violent predator required to register under this subchapter 12 reported to the Pennsylvania State Police shall be immediately 13 reported by the Pennsylvania State Police to the appropriate law 14 enforcement agency having jurisdiction of the offender's or the 15 sexually violent predator's new place of residence. The 16 Pennsylvania State Police shall, if the offender or sexually 17 violent predator changes residence to another state, notify the 18 law enforcement agency with which the offender or sexually 19 violent predator must register in the new state. 20 (d) Failure to provide verification.--Where an offender or 21 sexually violent predator fails to provide verification of 22 residence within the ten-day period as set forth in this 23 section, the Pennsylvania State Police shall immediately notify 24 the municipal police department of the offender's or the 25 sexually violent predator's last verified residence. The local 26 municipal police shall locate the offender or sexually violent 27 predator and arrest him for violating this section. The 28 Pennsylvania State Police shall assume responsibility for 29 locating the offender or sexually violent predator and arresting 30 him in jurisdictions where no municipal police jurisdiction 20080H2267B3275 - 11 -
1 exists. The Pennsylvania State Police shall assist any municipal 2 police department requesting assistance with locating and 3 arresting an offender or sexually violent predator who fails to 4 verify his residence. 5 (e) Penalty.--An individual subject to registration under 6 section 9795.1(a) or (b) who fails to verify his residence or to 7 be photographed as required by this section may be subject to 8 prosecution under 18 Pa.C.S. § 4915 (relating to failure to 9 comply with registration of sexual offenders requirements). 10 (f) Effect of notice.--Neither failure on the part of the 11 Pennsylvania State Police to send nor failure of a sexually 12 violent predator or offender to receive any notice or 13 information under subsection (a.1) or (b.1) shall relieve that 14 predator or offender from the requirements of this subchapter. 15 § 9798.1. Information made available on the Internet. 16 (a) Legislative findings.--It is hereby declared to be the 17 finding of the General Assembly that public safety will be 18 enhanced by making information about sexually violent predators, 19 lifetime registrants and other sex offenders available to the 20 public through the Internet. Knowledge of whether a person is a 21 sexually violent predator, lifetime registrant or other sex 22 offender could be a significant factor in protecting oneself and 23 one's family members, or those in care of a group or community 24 organization, from recidivist acts by sexually violent 25 predators, lifetime registrants and other sex offenders. The 26 technology afforded by the Internet would make this information 27 readily accessible to parents and private entities, enabling 28 them to undertake appropriate remedial precautions to prevent or 29 avoid placing potential victims at risk. Public access to 30 information about sexually violent predators, lifetime 20080H2267B3275 - 12 -
1 registrants and other sex offenders is intended solely as a 2 means of public protection and shall not be construed as 3 punitive. 4 (b) Internet posting of sexually violent predators, lifetime 5 registrants and other offenders.--The Commissioner of the 6 Pennsylvania State Police shall, in the manner and form directed 7 by the Governor: 8 (1) Develop and maintain a system for making the 9 information described in subsection (c) publicly available by 10 electronic means so that the public may, without limitation, 11 obtain access to the information via an Internet website to 12 view an individual record or the records of all sexually 13 violent predators, lifetime registrants and other offenders 14 who are registered with the Pennsylvania State Police. 15 (2) Ensure that the Internet website contains warnings 16 that any person who uses the information contained therein to 17 threaten, intimidate or harass another or who otherwise 18 misuses that information may be criminally prosecuted. 19 (3) Ensure that the Internet website contains an 20 explanation of its limitations, including statements advising 21 that a positive identification of a sexually violent 22 predator, lifetime registrant or other offender whose record 23 has been made available may be confirmed only by 24 fingerprints; that some information contained on the Internet 25 website may be outdated or inaccurate; and that the Internet 26 website is not a comprehensive listing of every person who 27 has ever committed a sex offense in Pennsylvania. 28 (4) Strive to ensure that: 29 (i) the information contained on the Internet 30 website is accurate; 20080H2267B3275 - 13 -
1 (ii) the data therein is revised and updated as
2 appropriate in a timely and efficient manner; and
3 (iii) instructions are included on how to seek
4 correction of information which a person contends is
5 erroneous.
6 (5) Provide on the Internet website general information
7 designed to inform and educate the public about sex offenders
8 and sexually violent predators and the operation of this
9 subchapter as well as pertinent and appropriate information
10 concerning crime prevention and personal safety, with
11 appropriate links to other relevant Internet websites
12 operated by the Commonwealth of Pennsylvania.
13 (6) Identify when the victim is a minor with a special
14 designation. The identity of a victim of a sex offense shall
15 not be published or posted on the Internet website.
16 (c) Information [permitted] to be disclosed regarding
17 individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
18 criminal history record information), the Internet website shall
19 contain the following information on each individual:
20 (1) For sexually violent predators, the following
21 information shall be posted on the Internet website:
22 (i) name and all known aliases;
23 (ii) year of birth;
24 (iii) the street address, municipality, county and
25 zip code of all residences, including, where applicable,
26 the name of the prison or other place of confinement;
27 (iv) the street address, municipality, county, zip
28 code and name of any institution or location at which the
29 person is enrolled as a student;
30 (v) the address, municipality, county and zip code
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1 of any employment location; 2 (vi) a photograph of the offender, which shall be 3 updated [not less than annually;] in accordance with 4 section 9796(a.2) and (b) (relating to verification of 5 residence); 6 (vii) a physical description of the offender, 7 including sex, height, weight, eye color, hair color and 8 race; 9 (viii) any identifying marks, including scars, 10 birthmarks and tattoos; 11 (ix) the license plate number and description of any 12 vehicle owned, operated or registered to the offender; 13 (x) whether the offender is currently compliant with 14 registration requirements; 15 (xi) whether the victim is a minor; 16 (xii) a description of the offense or offenses which 17 triggered the application of this subchapter; [and] 18 (xiii) the date of the offense and conviction, if 19 available[.]; and 20 (ix) any other information required by Federal law. 21 (2) For all other lifetime registrants and offenders 22 subject to registration, the information set forth in 23 paragraph (1) shall also be posted on the Internet website in 24 accordance with subsection (d). 25 (d) Duration of Internet posting.-- 26 (1) The information listed in subsection (c) about a 27 sexually violent predator shall be made available on the 28 Internet for the lifetime of the sexually violent predator. 29 (2) The information listed in subsection (c) about an 30 offender who is subject to lifetime registration shall be 20080H2267B3275 - 15 -
1 made available on the Internet for the lifetime of the 2 offender unless the offender is granted relief under section 3 9795.5 (relating to exemption from certain notifications). 4 (3) The information listed in subsection (c) about any 5 other offender subject to registration shall be made 6 available on the Internet for the entire period during which 7 the offender is required to register, including any extension 8 of this period pursuant to section 9795.2(a)(3) (relating to 9 registration procedures and applicability). 10 Section 4. This act shall take effect immediately. K16L42BIL/20080H2267B3275 - 16 -