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                                                      PRINTER'S NO. 1804

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1457 Session of 2007


        INTRODUCED BY BEYER, BARRAR, BELFANTI, CARROLL, CLYMER, DeLUCA,
           DePASQUALE, FREEMAN, GEIST, GRUCELA, HARHAI, HARKINS,
           M. KELLER, KORTZ, MANN, McCALL, McILHATTAN, MELIO, MOYER,
           MURT, READSHAW, SCAVELLO, SCHRODER, SIPTROTH, SOLOBAY,
           J. TAYLOR, THOMAS, WATSON AND YOUNGBLOOD, JUNE 5, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JUNE 5, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for
     3     registration of domestic violence predators; establishing the
     4     Domestic Violence Predator Assessment Board; and imposing
     5     powers and duties on the Pennsylvania State Police and on the
     6     Pennsylvania Board of Probation and Parole.

     7     It is the intention of the General Assembly that this act be
     8  known as Robin's Law.
     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Title 42 of the Pennsylvania Consolidated
    12  Statutes is amended by adding a chapter to read:
    13                             CHAPTER 96
    14            REGISTRATION OF DOMESTIC VIOLENCE PREDATORS
    15  Sec.
    16  9601.  Scope of chapter.
    17  9602.  Definitions.
    18  9603.  Registration of certain offenders for ten years.


     1  9604.  Designation of domestic violence predators.
     2  9605.  Other registration requirements.
     3  9606.  Verification of residence.
     4  9607.  Victim notification.
     5  9608.  Immunity for good faith conduct.
     6  9609.  Duties of Pennsylvania State Police.
     7  9610.  Duties of Pennsylvania Board of Probation and Parole.
     8  9611.  Board.
     9  9612.  Domestic violence predators.
    10  9613.  Exemption from notification.
    11  § 9601.  Scope of chapter.
    12     This chapter relates to registration of domestic violence
    13  criminal offenders.
    14  § 9602.  Definitions.
    15     The following words and phrases when used in this chapter
    16  shall have the meanings given to them in this section unless the
    17  context clearly indicates otherwise:
    18     "Board."  The Domestic Violence Predator Assessment Board
    19  established in section 9611 (relating to board).
    20     "Conviction."  An adjudication of guilt by a court of
    21  competent jurisdiction whether upon a verdict or plea of guilty
    22  or plea of nolo contendere, notwithstanding a pending appeal or
    23  habeas corpus proceeding arising from the adjudication.
    24     "Domestic violence offense."  An offense, under the laws of
    25  this Commonwealth or any other jurisdiction:
    26         (1)  an element of which is the use or attempted use of
    27     physical force;
    28         (2)  which is punishable by a term of imprisonment
    29     exceeding two years; and
    30         (3)  which was committed by:
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     1             (i)  the current or former spouse, parent or guardian
     2         of the victim;
     3             (ii)  an individual with whom the victim shares a
     4         child in common;
     5             (iii)  an individual who cohabits with or has
     6         cohabited with the victim as a spouse, parent or
     7         guardian; or
     8             (iv)  an individual similarly situated to a spouse,
     9         parent or guardian of the victim.
    10     The relationship specified in this paragraph need not be an
    11     element of the offense to meet the requirements of this
    12     definition.
    13  The term includes an attempt, a solicitation or a conspiracy to
    14  commit the offense.
    15     "Domestic violence predator."  An individual who:
    16         (1)  has been convicted of a domestic violence offense;
    17     and
    18         (2)  is determined to be a domestic violence predator
    19     under section 9604 (relating to designation of domestic
    20     violence predators) due to a mental abnormality or
    21     personality disorder which makes the individual likely to
    22     engage in predatory domestic violence offenses.
    23     "Mental abnormality."  A congenital or acquired condition of
    24  an individual which affects the emotional or volitional capacity
    25  of the individual in a manner as to predispose the individual to
    26  commit violent criminal offenses to a degree which makes the
    27  individual a menace to the health and safety of other persons.
    28     "Municipality."  A city, borough, incorporated town or
    29  township.
    30     "Personality disorder."  A personality disorder as defined in
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     1  the fourth edition of the Diagnostic and Statistical Manual of
     2  Mental Disorders adopted by the American Psychiatric
     3  Association.
     4     "Predatory."  Directed at an individual with whom a
     5  relationship has been established or promoted for the primary
     6  purpose of victimization.
     7  § 9603.  Registration of certain offenders for ten years.
     8     (a)  Requirement.--Except as set forth in subsection (b):
     9         (1)  An individual convicted of a domestic violence
    10     offense shall register a current address with the
    11     Pennsylvania State Police upon:
    12             (i)  release from incarceration;
    13             (ii)  parole from a State or county correctional
    14         facility; or
    15             (iii)  commencement of a sentence of intermediate
    16         punishment or probation.
    17         (2)  The period of registration shall be ten years.
    18     (b)  Exceptions.--
    19         (1)  Subsection (a) does not apply to an individual
    20     incarcerated in a maximum or medium correctional facility of
    21     the Department of Corrections, a private correctional
    22     facility or a correctional facility of another jurisdiction.
    23     This exception ends upon release.
    24         (2)  Subsection (a) does not apply to an individual
    25     required to register under Subchapter H of Chapter 97
    26     (relating to registration of sexual offenders).
    27     (c)  Registration information.--The Pennsylvania State Police
    28  shall provide the information obtained under sections 9605
    29  (relating to other registration requirements) and 9606 (relating
    30  to verification of residence) and this section and the address
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     1  at which the offender will reside after release from
     2  incarceration, parole or probation to the chief law enforcement
     3  officer of the police department of the municipality in which
     4  the offender will reside.
     5  § 9604.  Designation of domestic violence predators.
     6     (a)  Order for assessment.--Before sentencing, the court
     7  shall order a person convicted of a domestic violence offense to
     8  be assessed by the board.
     9     (b)  Presumption.--There shall be a presumption that an
    10  offender convicted of a domestic violence offense shall be
    11  presumed by the board to be a domestic violence predator. The
    12  presumption may be rebutted by clear and convincing evidence at
    13  a hearing held under subsection (e).
    14     (c)  Assessment.--The board shall conduct an assessment of
    15  the offender to determine if the offender is a domestic violence
    16  predator. Such an assessment shall include, but not be limited
    17  to, the following:
    18         (1)  Age of the offender.
    19         (2)  Offender's prior criminal record and domestic
    20     violence offenses as well as any other offenses.
    21         (3)  Age of the victim.
    22         (4)  Whether the domestic violence offense involved
    23     multiple victims.
    24         (5)  Use of illegal drugs by the offender.
    25         (6)  Whether the offender completed any prior sentence
    26     and participated in a program for violent offenders.
    27         (7)  Mental illness or mental disability of the offender.
    28         (8)  The nature of the violent contact with the victim
    29     and whether the contact was part of a demonstrated pattern of
    30     abuse.
    20070H1457B1804                  - 5 -     

     1         (9)  Whether the domestic violence offense included a
     2     display of unusual cruelty by the offender during commission
     3     of the crime.
     4         (10)  Behavioral characteristics that contribute to the
     5     offender's conduct.
     6     (d)  Submission of report by board.--The board shall submit a
     7  written report containing its assessment to the court no later
     8  than 30 days after the assessment was ordered.
     9     (e)  Court review of findings.--Upon receipt of the board's
    10  report, the court shall determine if the offender is a domestic
    11  violence predator. The determination shall be based on evidence
    12  presented at a hearing held prior to sentencing and before the
    13  trial judge. The offender and district attorney shall be given
    14  notice of the hearing and an opportunity to be heard, the right
    15  to call witnesses, including expert witnesses, and the right to
    16  conduct cross-examination. The offender shall have the right to
    17  counsel and to have an attorney appointed to represent him if he
    18  cannot afford one.
    19     (f)  Subsequent review.--No sooner than one year prior to
    20  release from a State or county correctional facility and in
    21  five-year intervals thereafter, an offender designated a
    22  domestic violence predator may petition a court having original
    23  jurisdiction in the matter for reconsideration. The court may
    24  request a new report by the board and enter an order terminating
    25  the designation, in which case the court shall notify the
    26  Pennsylvania State Police.
    27  § 9605.  Other registration requirements.
    28     (a)  Registration of domestic violence predators.--A domestic
    29  violence predator shall be required to register all current
    30  addresses with the Pennsylvania State Police upon release from
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     1  incarceration, upon parole from a State or county correctional
     2  facility or upon commencing a sentence of intermediate
     3  punishment. Registration shall continue unless a court
     4  terminates designation under section 9604(f) (relating to
     5  designation of domestic violence predators).
     6     (b)  Court information for all offenders.--At the time of
     7  sentencing, the court shall inform offenders designated in
     8  section 9603 (relating to registration of certain offenders for
     9  ten years) and domestic violence predators designated in
    10  subsection (a) of the provisions of this chapter. The court
    11  shall:
    12         (1)  Specifically inform the offender of the duty to
    13     register and obtain the information required for each
    14     registration.
    15         (2)  Specifically inform the offender of the duty to
    16     inform the Pennsylvania State Police within ten days if the
    17     offender changes residence.
    18         (3)  Specifically inform the offender of the duty to
    19     register with a new law enforcement agency if the offender
    20     moves to another state no later than ten days after
    21     establishing residence in another state.
    22         (4)  Order the fingerprints and photograph of the person
    23     to be provided to the Pennsylvania State Police upon
    24     sentencing.
    25         (5)  Require the offender to read and sign a form stating
    26     that the duty to register under this chapter has been
    27     explained. If the offender is unable to read, the court shall
    28     certify that the duty to register was explained to the
    29     offender and the offender indicated an understanding of the
    30     duty.
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     1     (c)  Correctional facilities and parole authorities.--When an
     2  offender is about to be released from incarceration or paroled
     3  from a State or county correctional facility, the prison
     4  official of the State or county correctional facility, no later
     5  than ten days prior to the release or parole of the offender,
     6  shall again provide the offender with notice of the duty to
     7  register with the Pennsylvania State Police under this chapter.
     8     (d)  Penalty.--An offender who fails to register as required
     9  in this section commits a felony of the third degree.
    10  § 9606.  Verification of residence.
    11     (a)  Quarterly verification.--The Pennsylvania State Police
    12  shall verify the residence of domestic violence predators every
    13  90 days through use of a nonforwardable verification form to the
    14  last reported address. The form shall be returned by the
    15  offender within ten days.
    16     (b)  Annual verification.--The Pennsylvania State Police
    17  shall verify the residence of offenders designated in section
    18  9603 (relating to registration of certain offenders for ten
    19  years), annually through the use of a residence verification
    20  form. The form shall be returned by the offender within ten
    21  days.
    22     (c)  Notification of address change.--A change of address of
    23  an offender required to register under this chapter reported to
    24  the Pennsylvania State Police shall be immediately reported by
    25  the Pennsylvania State Police to the appropriate law enforcement
    26  agency having jurisdiction over the offender's new place of
    27  residence. The Pennsylvania State Police shall, if the offender
    28  changes residence to another state, notify the law enforcement
    29  agency having jurisdiction of the offender's new place of
    30  residence.
    20070H1457B1804                  - 8 -     

     1     (d)  Failure to provide verification.--If an offender fails
     2  to provide verification of residence within the required ten-day
     3  period, the Pennsylvania State Police shall immediately notify
     4  the local municipal police department of the offender's last
     5  verified residence. The local municipal police shall locate the
     6  offender and place the offender under arrest. The Pennsylvania
     7  State Police shall assume responsibility for locating the
     8  offender and making the arrest in jurisdictions where there is
     9  no local municipal police force. The Pennsylvania State Police
    10  shall assist any local municipal police department requesting
    11  assistance with locating and arresting an offender who fails to
    12  verify his residence.
    13     (e)  Penalty.--An offender who fails to verify his residence
    14  as required in this section commits a felony of the third
    15  degree.
    16  § 9607.  Victim notification.
    17     (a)  Duty to inform victim.--
    18         (1)  If an offender is determined to be a domestic
    19     violence predator by a court order under section 9604(e)
    20     (relating to designation of domestic violence predators), the
    21     local municipal police department or, if there is no local
    22     municipal police department, the Pennsylvania State Police
    23     shall give written notice to the victim of the offender
    24     within 72 hours after the offender registers initially or
    25     notifies the Pennsylvania State Police of an address change.
    26     The notice shall contain the offender's name and the address
    27     or addresses where the offender resides.
    28         (2)  A victim may waive the right to be informed under
    29     paragraph (1) by providing the local municipal police
    30     department or, if there is no local municipal police
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     1     department, the Pennsylvania State Police with a written
     2     request.
     3     (b)  Public information.--Information provided under
     4  subsection (a) shall be available to the general public upon
     5  request.
     6     (c)  Offenders not designated as domestic violence
     7  predators.--If an offender is not determined to be a domestic
     8  violence predator, the victim shall be notified under the act of
     9  November 24, 1998 (P.L.882, No.111), known as the Crime Victims
    10  Act.
    11  § 9608.  Immunity for good faith conduct.
    12     The following entities shall not be held liable for damages
    13  arising from a good faith discretionary release or dissemination
    14  of or good faith failure to release or disseminate information
    15  under this section:
    16         (1)  The Pennsylvania State Police and local law
    17     enforcement agencies and their agents and employees.
    18         (2)  District attorneys and their agents and employees.
    19         (3)  Directors and employees of county children and youth
    20     agencies.
    21         (4)  The Pennsylvania Board of Probation and Parole and
    22     its agents and employees.
    23  § 9609.  Duties of Pennsylvania State Police.
    24     (a)  General rule.--The Pennsylvania State Police shall:
    25         (1)  Create and maintain a State registry of offenders
    26     pursuant to section 9603 (relating to registration of certain
    27     offenders for ten years).
    28         (2)  In consultation with the Attorney General and the
    29     Pennsylvania Board of Probation and Parole, promulgate
    30     guidelines necessary for administration of this chapter.
    20070H1457B1804                 - 10 -     

     1         (3)  Within 72 hours of receiving a registration, notify
     2     the chief law enforcement officer of the police department
     3     having primary jurisdiction of the municipality in which an
     4     offender resides that the offender is registered with the
     5     Pennsylvania State Police under this chapter.
     6         (4)  Immediately forward to the Federal Bureau of
     7     Investigation information received from the Pennsylvania
     8     Board of Probation and Parole under this chapter and the
     9     fingerprints of the domestic violence predator.
    10     (b)  Publication.--Regulations under this chapter shall be
    11  published in the Pennsylvania Bulletin no later than one year
    12  after the effective date of this section.
    13  § 9610.  Duties of Pennsylvania Board of Probation and Parole.
    14     The Pennsylvania Board of Probation and Parole shall:
    15         (1)  Formulate a process to be followed by State and
    16     county prison and probation and parole personnel when
    17     informing offenders of their duties and responsibilities
    18     under this chapter.
    19         (2)  Obtain the following information concerning each
    20     offender to whom this chapter applies:
    21             (i)  Name, including any aliases.
    22             (ii)  Identifying factors.
    23             (iii)  Anticipated future residence.
    24             (iv)  Offense history.
    25             (v)  Documentation of treatment received for mental
    26         abnormalities and personality disorders.
    27         (3)  Transmit the information in paragraph (2) to the
    28     Pennsylvania State Police without delay for immediate entry
    29     into the State registry of domestic violence offenders and
    30     the criminal history record of the offender as provided in 18
    20070H1457B1804                 - 11 -     

     1     Pa.C.S. Ch. 91 (relating to criminal history record
     2     information).
     3  § 9611.  Board.
     4     (a)  Establishment.--The Domestic Violence Predator
     5  Assessment Board is hereby established and shall be composed of
     6  three persons, including a psychiatrist, a psychologist and a
     7  criminal justice expert, each of whom shall have a minimum of
     8  ten years of experience and specialized training in the behavior
     9  and treatment of violent offenders.
    10     (b)  Appointment.--The Governor shall appoint the
    11  psychiatrist and psychologist board members, and the Attorney
    12  General shall appoint the criminal justice expert. All
    13  appointments shall be made within 30 days of the effective date
    14  of this section.
    15     (c)  Term of office.--Members of the board shall serve four-
    16  year terms.
    17     (d)  Compensation.--Members of the board shall be compensated
    18  at a rate of $125 per day and receive reimbursement for their
    19  actual and necessary expenses while performing the business of
    20  the board. The chairman shall receive $500 additional
    21  compensation per year.
    22     (e)  Staff.--Support staff for the board shall be provided by
    23  the Pennsylvania Board of Probation and Parole.
    24  § 9612.  Domestic violence predators.
    25     (a)  Lifetime parole; counseling.--Notwithstanding any other
    26  provision of law, a person designated as a domestic violence
    27  predator under this chapter shall remain on lifetime parole when
    28  released from a State or county correctional facility unless the
    29  court terminates the designation under section 9604(f) (relating
    30  to designation of domestic violence predators). The offender
    20070H1457B1804                 - 12 -     

     1  shall be required to attend at least monthly counseling sessions
     2  in a program approved by the board and be financially
     3  responsible for all fees assessed from such counseling sessions.
     4  If the offender can establish to the satisfaction of the court
     5  inability to pay for counseling sessions, the offender shall
     6  attend the sessions and the parole office shall pay the
     7  requisite fees.
     8     (b)  Lifetime registration.--
     9         (1)  Notwithstanding any other provision of law, an
    10     offender designated as a domestic violence predator under
    11     this chapter shall register for life if the offender:
    12             (i)  is convicted of a subsequent domestic violence
    13         offense requiring registration; or
    14             (ii)  enters this Commonwealth after the effective
    15         date of this chapter and has a conviction in another
    16         jurisdiction that would have required registration if
    17         committed in Pennsylvania.
    18         (2)  If a conviction is vacated and an acquittal or final
    19     discharge is entered after it has been determined that this
    20     section applies, the offender shall have the right to
    21     petition the sentencing court for reconsideration if this
    22     section would not have applied except for the conviction
    23     which was vacated.
    24     (c)  Authority of court in sentencing.--There shall be no
    25  authority in any court to impose on an offender to which this
    26  section is applicable any lesser sentence than provided for in
    27  subsection (b), to place such offender on probation or to
    28  suspend sentence. Nothing in this section shall prevent the
    29  sentencing court from imposing a sentence greater than that
    30  provided in this section. Sentencing guidelines promulgated by
    20070H1457B1804                 - 13 -     

     1  the Pennsylvania Commission on Sentencing shall not supersede
     2  the mandatory sentence provided in this section.
     3     (d)  Appeal by Commonwealth.--If a sentencing court refuses
     4  to apply this section when applicable, the Commonwealth shall
     5  have a right to appellate review. The appellate court shall
     6  vacate the sentence and remand the case to the sentencing court
     7  for the imposition of a sentence in accordance with this section
     8  if it finds that the sentence was imposed in violation of this
     9  section.
    10  § 9613.  Exemption from notification.
    11     Nothing in this chapter shall be construed to impose a duty
    12  on a person licensed under the act of February 19, 1980 (P.L.15,
    13  No.9), known as the Real Estate Licensing and Registration Act,
    14  or an employee of the person, to disclose information regarding
    15  an offender required to register under this chapter.
    16     Section 2.  This act shall take effect in six months.










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