SENATE AMENDED

 

PRIOR PRINTER'S NOS. 2573, 3800, 3854, 4390, 4412

PRINTER'S NO.  4477

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1926

Session of

2009

  

  

INTRODUCED BY R. TAYLOR, SAYLOR, BELFANTI, BRADFORD, BRENNAN, BRIGGS, BROOKS, CARROLL, EVERETT, GIBBONS, HARHAI, HESS, HORNAMAN, HOUGHTON, KORTZ, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MELIO, MENSCH, MOUL, MURT, O'NEILL, PALLONE, READSHAW, ROAE, ROCK, SANTARSIERO, SCAVELLO, SIPTROTH, SWANGER, VULAKOVICH AND YOUNGBLOOD, AUGUST 12, 2009

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 13, 2010   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

2

Judicial Procedure) of the Pennsylvania Consolidated

3

Statutes, in general principles of justification, further

<--

4

providing for definitions, for use of force in self-

5

protection, for use of force for the protection of other

6

persons, for grading of theft offenses and for licenses to

7

carry firearms; providing for civil immunity for use of

8

force; and further providing for registration of sexual

9

offenders and for sentence for failure to comply with

<--

10

registration of sexual offenders.

11

The General Assembly finds that:

<--

12

(1)  It is proper for law-abiding people to protect

13

themselves, their families and others from intruders and

14

attackers without fear of prosecution or civil action for

15

acting in defense of themselves and others.

16

(2)  The Castle Doctrine is a common law doctrine of

17

ancient origins which declares that a home is a person's

18

castle.

19

(3)  Section 21 of Article I of the Constitution of

 


1

Pennsylvania guarantees that the "right of the citizens to

2

bear arms in defense of themselves and the State shall not be

3

questioned."

4

(4)  Persons residing in or visiting this Commonwealth

5

have a right to expect to remain unmolested within their

6

homes or vehicles.

7

(5)  No person should be required to surrender his or her

8

personal safety to a criminal, nor should a person be

9

required to needlessly retreat in the face of intrusion or

10

attack outside the person's home or vehicle.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

Section 1.  Section 4501 of Title 18 of the Pennsylvania

<--

14

Consolidated Statutes is amended by adding definitions to read:

15

Section 1.  Section 501 of Title 18 of the Pennsylvania

<--

16

Consolidated Statutes is amended to read:

17

§ 501.  Definitions.

18

Subject to additional definitions contained in subsequent

19

provisions of this chapter which are applicable to specific

20

provisions of this chapter, the following words and phrases,

21

when used in this chapter shall have, unless the context clearly

22

indicates otherwise, the meanings given to them in this section:

23

"Believes" or "belief."  Means "reasonably believes" or

24

"reasonable belief."

25

"Correctional institution."  Any penal institution,

26

penitentiary, State farm, reformatory, prison, jail, house of

27

correction, or other institution for the incarceration or

28

custody of persons under sentence for offenses or awaiting trial

29

or sentence for offenses.

30

"Corrections officer."  A full-time employee assigned to the

- 2 -

 


1

Department of Corrections whose principal duty is the care,

2

custody and control of inmates of a penal or correctional

3

institution operated by the Department of Corrections. 

4

"Deadly force."  Force which, under the circumstances in

5

which it is used, is readily capable of causing death or serious

6

bodily injury.

7

"Dwelling."  Any building or structure, including any

8

attached porch, deck or patio, though movable or temporary, or a

9

portion thereof, which is for the time being the home or place

10

of lodging of the actor.

11

"Peace officer."  Any person who by virtue of his office or

12

public employment is vested by law with a duty to maintain

13

public order or to make arrests for offenses, whether that duty

14

extends to all offenses or is limited to specific offenses, or

15

any person on active State duty pursuant to [section 311 of the

16

act of May 27, 1949 (P.L.1903, No.568), known as "The Military

17

Code of 1949."] 51 Pa.C.S. § 508 (relating to active duty for

18

emergency). The term "peace officer" shall also include any

19

member of any park police department of any county of the third

20

class.

21

"Residence."  A dwelling in which a person resides, either

22

temporarily or permanently, or visits as an invited guest.

23

"Unlawful force."  Force, including confinement, which is

24

employed without the consent of the person against whom it is

25

directed and the employment of which constitutes an offense or

26

actionable tort or would constitute such offense or tort except

27

for a defense (such as the absence of intent, negligence, or

28

mental capacity; duress; youth; or diplomatic status) not

29

amounting to a privilege to use the force. Assent constitutes

30

consent, within the meaning of this section, whether or not it

- 3 -

 


1

otherwise is legally effective, except assent to the infliction

2

of death or serious bodily injury.

3

"Vehicle."  A conveyance of any kind, whether or not

4

motorized, which is designed to transport people or property.

5

Section 2.  Section 505(b) of Title 18 is amended and the

6

section is amended by adding a subsection to read:

7

§ 505.  Use of force in self-protection.

8

* * *

9

(b)  Limitations on justifying necessity for use of force.--

10

(1)  The use of force is not justifiable under this

11

section:

12

(i)  to resist an arrest which the actor knows is

13

being made by a peace officer, although the arrest is

14

unlawful; or

15

(ii)  to resist force used by the occupier or

16

possessor of property or by another person on his behalf,

17

where the actor knows that the person using the force is

18

doing so under a claim of right to protect the property,

19

except that this limitation shall not apply if:

20

(A)  the actor is a public officer acting in the

21

performance of his duties or a person lawfully

22

assisting him therein or a person making or assisting

23

in a lawful arrest;

24

(B)  the actor has been unlawfully dispossessed

25

of the property and is making a reentry or recaption

26

justified by section 507 of this title (relating to

27

use of force for the protection of property); or

28

(C)  the actor believes that such force is

29

necessary to protect himself against death or serious

30

bodily injury.

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1

(2)  The use of deadly force is not justifiable under

2

this section unless the actor believes that such force is

3

necessary to protect himself against death, serious bodily

4

injury, kidnapping or sexual intercourse compelled by force

5

or threat; nor is it justifiable if:

6

(i)  the actor, with the intent of causing death or

7

serious bodily injury, provoked the use of force against

8

himself in the same encounter; or

9

(ii)  the actor knows that he can avoid the necessity

10

of using such force with complete safety by retreating

11

[or by surrendering possession of a thing to a person

12

asserting a claim of right thereto or by complying with a

13

demand that he abstain from any action which he has no

14

duty to take], except [that:

15

(A)]  the actor is not obliged to retreat from

16

his dwelling or place of work, unless he was the

17

initial aggressor or is assailed in his place of work

18

by another person whose place of work the actor knows

19

it to be[; and

20

(B)  a public officer justified in using force in

21

the performance of his duties or a person justified

22

in using force in his assistance or a person

23

justified in using force in making an arrest or

24

preventing an escape is not obliged to desist from

25

efforts to perform such duty, effect such arrest or

26

prevent such escape because of resistance or

27

threatened resistance by or on behalf of the person

28

against whom such action is directed].

29

(2.1)  Except as otherwise provided in paragraph (2.2),

30

an actor is presumed to have a reasonable belief that deadly

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1

force is immediately necessary to protect himself against

2

death, serious bodily injury, kidnapping or sexual

3

intercourse compelled by force or threat if both of the

4

following conditions exist:

5

(i)  The person against whom the force is used is in

6

the process of unlawfully and forcefully entering, or has 

7

unlawfully and forcefully entered and is present within,

8

a dwelling, residence or occupied vehicle; or the person

9

against whom the force is used is or is attempting to

10

unlawfully and forcefully remove another against that

11

other's will from the dwelling, residence or occupied

12

vehicle.

13

(ii)  The actor knows or has reason to believe that

14

the unlawful and forceful entry or act is occurring or

15

has occurred.

16

(2.2)  The presumption set forth in paragraph (2.1) does

17

not apply if:

18

(i)  the person against whom the force is used has

19

the right to be in or is a lawful resident of the

20

dwelling, residence or vehicle, such as an owner or

21

lessee;

22

(ii)  the person sought to be removed is a child or

23

grandchild or is otherwise in the lawful custody or under

24

the lawful guardianship of the person against whom the

25

protective force is used;

26

(iii)  the actor is engaged in a criminal activity or

27

is using the dwelling, residence or occupied vehicle to

28

further a criminal activity; or

29

(iv)  the person against whom the force is used is a

30

peace officer acting in the performance of his official

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1

duties and the actor using force knew or reasonably

2

should have known that the person was a peace officer.

3

(2.3)  An actor who is not engaged in a criminal

4

activity, and who is attacked in any place where the actor

5

would have a duty to retreat under paragraph (2)(ii), has no

6

duty to retreat and has the right to stand his ground and use

7

force, including deadly force, if:

8

(i)  the actor has a right to be in the place where

9

he was attacked;

10

(ii)  the actor believes it is immediately necessary

11

to do so to protect himself against death, serious bodily

12

injury, kidnapping or sexual intercourse by force or

13

threat; and

14

(iii)  the person against whom the force is used

15

displays or otherwise uses:

16

(A)  a firearm or replica of a firearm as defined

17

in 42 Pa.C.S. § 9712 (relating to sentences for

18

offenses committed with firearms); or

19

(B)  any other weapon readily or apparently

20

capable of lethal use.

21

(2.4)  Unless one of the exceptions under paragraph (2.2)

22

applies, a person who unlawfully and by force enters or

23

attempts to enter an actor's dwelling, residence or occupied

24

vehicle or removes or attempts to remove another against that

25

other's will from the actor's dwelling, residence or occupied

26

vehicle is presumed to be doing so with the intent to commit:

27

(i)  an act resulting in death or serious bodily

28

injury; or

29

(ii)  kidnapping or sexual intercourse by force or

30

threat.

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1

(2.5)  A public officer justified in using force in the

2

performance of his duties or a person justified in using

3

force in his assistance or a person justified in using force

4

in making an arrest or preventing an escape is not obliged to

5

desist from efforts to perform such duty, effect such arrest

6

or prevent such escape because of resistance or threatened

7

resistance by or on behalf of the person against whom such

8

action is directed.

9

(3)  Except as [required by paragraphs (1) and (2) of

10

this subsection,] otherwise required by this subsection, a

11

person employing protective force may estimate the necessity

12

thereof under the circumstances as he believes them to be

13

when the force is used, without retreating, surrendering

14

possession, doing any other act which he has no legal duty to

15

do or abstaining from any lawful action.

16

* * *

17

(d)  Definition.--As used in this section, the term "criminal

18

activity" means conduct which is a misdemeanor or felony, is not

19

justifiable under this chapter and is the proximate cause of the

20

confrontation between an actor and the person against whom force

21

is used.

22

Section 3.  Section 506 of Title 18 is amended to read:

23

§ 506.  Use of force for the protection of other persons.

24

(a)  General rule.--The use of force upon or toward the

25

person of another is justifiable to protect a third person when:

26

(1)  the actor would be justified under section 505 [of

27

this title] (relating to use of force in self-protection) in

28

using such force to protect himself against the injury he

29

believes to be threatened to the person whom he seeks to

30

protect;

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1

(2)  under the circumstances as the actor believes them

2

to be, the person whom he seeks to protect would be justified

3

in using such protective force; and

4

(3)  the actor believes that his intervention is

5

necessary for the protection of such other person.

6

(b)  [Exceptions] Exception.--Notwithstanding subsection (a)

7

[of this section:

8

(1)  When the actor would be obliged under section 505 of

9

this title to retreat, to surrender the possession of a thing

10

or to comply with a demand before using force in self-

11

protection, he is not obliged to do so before using force for

12

the protection of another person, unless he knows that he can

13

thereby secure the complete safety of such other person.

14

(2)  When the person whom the actor seeks to protect

15

would be obliged under section 505 of this title to retreat,

16

to surrender the possession of a thing or to comply with a

17

demand if he knew that he could obtain complete safety by so

18

doing, the actor is obliged to try to cause him to do so

19

before using force in his protection if the actor knows that

20

he can obtain complete safety in that way.

21

(3)  Neither the actor nor the person whom he seeks to

22

protect is obliged to retreat when in the dwelling or place

23

of work of the other to any greater extent than in his own.],

24

the actor is not obliged to retreat to any greater extent

25

than the person whom he seeks to protect.

26

Section 4.  Section 3903(a), (a.1) and (b) of Title 18 are

27

amended and the section is amended by adding a subsection to

28

read:

29

§ 3903.  Grading of theft offenses.

30

(a)  Felony of the second degree.--Theft constitutes a felony

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1

of the second degree if:

2

(1)  The offense is committed during a manmade disaster,

3

a natural disaster or a war-caused disaster and constitutes a

4

violation of section 3921 (relating to theft by unlawful

5

taking or disposition), 3925 (relating to receiving stolen

6

property), 3928 (relating to unauthorized use of automobiles

7

and other vehicles) or 3929 (relating to retail theft).

8

(2)  The property stolen is a firearm.

9

(3)  In the case of theft by receiving stolen property,

10

the property received, retained or disposed of is a firearm

11

[and the receiver is in the business of buying or selling

12

stolen property].

13

(4)  The property stolen is any amount of anhydrous

14

ammonia.

15

(a.1)  Felony of the third degree.--Except as provided in

16

subsection (a) or (a.2), theft constitutes a felony of the third

17

degree if the amount involved exceeds $2,000, or if the property

18

stolen is an automobile, airplane, motorcycle, motorboat or

19

other motor-propelled vehicle, or in the case of theft by

20

receiving stolen property, if the receiver is in the business of

21

buying or selling stolen property.

22

(a.2)  Felony of the first degree.--Theft constitutes a

23

felony of the first degree if, in the case of theft by receiving

24

stolen property, the property received, retained or disposed of

25

is a firearm and the receiver is in the business of buying or

26

selling stolen property.

27

(b)  Other grades.--Theft not within subsection (a) [or], 

28

(a.1) [of this section] or (a.2), constitutes a misdemeanor of

29

the first degree, except that if the property was not taken from

30

the person or by threat, or in breach of fiduciary obligation,

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1

and:

2

(1)  the amount involved was $50 or more but less than

3

$200 the offense constitutes a misdemeanor of the second

4

degree; or

5

(2)  the amount involved was less than $50 the offense

6

constitutes a misdemeanor of the third degree.

7

* * *

8

Section 5.  Section 4501 of Title 18 is amended by adding

9

definitions to read:

10

§ 4501.  Definitions.

11

Subject to additional definitions contained in subsequent

12

provisions of this article which are applicable to specific

13

chapters or other provisions of this article, the following

14

words and phrases, when used in this article shall have, unless

15

the context clearly indicates otherwise, the meanings given to

16

them in this section:

17

* * *

18

"Habitual locale."  As defined in 42 Pa.C.S. § 9792 (relating

19

to definitions).

20

* * *

21

"Registration information."  As defined in 42 Pa.C.S. § 9792

22

(relating to definitions).

23

"Sex offender registration law."  As defined in 42 Pa.C.S. §

24

9792 (relating to definitions).

25

Section 2 6.  Section 4915(a) introductory paragraph, (2) and

<--

26

(3), (b), (c) and (e)(3)(ii) of Title 18 are amended and

27

subsections (a) and (c) are amended by adding paragraphs to

28

read:

29

§ 4915.  Failure to comply with registration of sexual offenders

30

requirements.

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1

(a)  Offense defined.--An individual who is subject to

2

registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to

3

registration) or [an individual who is subject to registration

4

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to

5

registration under former 42 Pa.C.S § 9793 (relating to

6

registration of certain offenders for ten years) commits an

7

offense if he knowingly fails to:

8

* * *

9

(2)  verify his [address] registration information or be

10

photographed as required under 42 Pa.C.S. § 9796 (relating to

11

verification of [residence] registration information); [or]

12

(3)  provide accurate information when registering,

13

verifying or updating registration information under 42

14

Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] 

15

9796; or

16

(4)  comply with any sexual offender counseling

17

conditions imposed by 42 Pa.C.S. § 9799.4 (relating to

18

counseling of sexually violent predators) as a result of

19

being designated a sexually violent predator or imposed under

20

a sex offender registration statute following conviction in

21

another jurisdiction.

22

(b)  Grading for offenders [who must register for ten years] 

23

without lifetime registration.--

24

(2)  Except as set forth in paragraph (3), an individual

25

subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1)

26

or former 42 Pa.C.S. § 9793, and required to register as an

27

offender for a period of time less than lifetime, who commits

28

a violation of subsection (a)(1) or (2) commits a felony of

29

the third degree.

30

(3)  An individual subject to registration under 42

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1

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

2

required to register as an offender for a period of time less

3

than lifetime, who commits a violation of subsection (a)(1)

4

or (2) and who has previously been convicted of an offense

5

under subsection (a)(1) or (2) or a similar offense commits a

6

felony of the second degree.

7

(4)  An individual subject to registration under 42

8

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

9

required to register as an offender for a period of time less

10

than lifetime, who violates subsection (a)(3) commits a

11

felony of the second degree.

12

(c)  Grading for sexually violent predators and others with

13

lifetime registration.--

14

(2)  Except as set forth in paragraph (3), an individual

15

subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) 

16

or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required

17

to register as a sexually violent predator or as an offender

18

for life, who commits a violation of subsection (a)(1) or (2)

19

commits a felony of the second degree.

20

(3)  An individual subject to registration under 42

21

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

22

Pa.C.S. § 9793, and required to register as a sexually

23

violent predator or as an offender for life, who commits a

24

violation of subsection (a)(1) or (2) and who has previously

25

been convicted of an offense under subsection (a)(1) or (2)

26

or a similar offense commits a felony of the first degree.

27

(4)  An individual subject to registration under 42

28

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

29

Pa.C.S. § 9793, and required to register as a sexually

30

violent predator or as an offender for life, who violates

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1

subsection (a)(3) commits a felony of the first degree.

2

(5)  An individual subject to registration under 42

3

Pa.C.S. § 9795.1(b) and required to register as a sexually

4

violent predator who violates subsection (a)(4) commits a

5

felony of the third degree.

6

* * *

7

(e)  Arrests for violation.--

8

* * *

9

(3)  Prior to admitting an individual arrested for a

10

violation of this section to bail, the issuing authority

11

shall require all of the following:

12

* * *

13

(ii)  The individual must provide the Pennsylvania

14

State Police with all current or intended residences, all

15

habitual locales, all information concerning current or

16

intended employment, including all employment locations,

17

and all information concerning current or intended

18

enrollment as a student.

19

* * *

20

Section 7.  The definition of "loaded" in section 6102 of

<--

21

Title 18 is amended to read:

22

§ 6102.  Definitions.

23

Subject to additional definitions contained in subsequent

24

provisions of this subchapter which are applicable to specific

25

provisions of this subchapter, the following words and phrases,

26

when used in this subchapter shall have, unless the context

27

clearly indicates otherwise, the meanings given to them in this

28

section:

29

* * *

30

"Loaded."  A firearm is loaded if the firing chamber, the

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1

nondetachable magazine or, in the case of a revolver, any of the

2

chambers of the cylinder contain ammunition capable of being

3

fired. In the case of a firearm which utilizes a detachable

4

magazine, the term shall mean a magazine suitable for use in

5

said firearm which magazine contains such ammunition and has

6

been inserted in the firearm or is in the same container or,

7

where the container has multiple compartments, the same

8

compartment thereof as the firearm. If the magazine is inserted

9

into a pouch, holder, holster or other protective device that

10

provides for a complete and secure enclosure of the ammunition,

11

then the pouch, holder, holster or other protective device shall

12

be deemed to be a separate compartment.

13

* * *

14

Section 8.  Section 6109(m.3) of Title 18 is amended to read:

15

§ 6109.  Licenses.

16

* * *

17

(m.3)  Construction.--Nothing in this section shall be

18

construed to [permit]:

19

(1)  Permit the hunting or harvesting of any wildlife

20

with a firearm or ammunition not otherwise permitted by 34

21

Pa.C.S. (relating to game).

22

(2)  Authorize any Commonwealth agency to regulate the

23

possession of firearms in any manner inconsistent with the

24

provisions of this title.

25

* * *

26

Section 9.  Title 42 is amended by adding a section to read:

27

§ 8340.2.  Civil immunity for use of force.

28

(a)  General rule.--An actor who uses force:

29

(1)  in self-protection as provided in 18 Pa.C.S. § 505 

30

(relating to use of force in self-protection);

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1

(2)  in the protection of other persons as provided in 18

2

Pa.C.S. § 506 (relating to use of force for the protection of

3

other persons);

4

(3)  for the protection of property as provided in 18

5

Pa.C.S. § 507 (relating to use of force for the protection of

6

property);

7

(4)  in law enforcement as provided in 18 Pa.C.S. § 508 

8

(relating to use of force in law enforcement); or

9

(5)  consistent with the actor's special responsibility

10

for care, discipline or safety of others as provided in 18

11

Pa.C.S. § 509 (relating to use of force by persons with

12

special responsibility for care, discipline or safety of

13

others)

14

is justified in using such force and shall be immune from civil

15

liability for personal injuries sustained by a perpetrator which

16

were caused by the acts or omissions of the actor as a result of

17

the use of force.

18

(b)  Attorney fees and costs.--If the actor who satisfies the

19

requirements of subsection (a) prevails in a civil action

20

initiated by or on behalf of a perpetrator against the actor,

21

the court shall award reasonable expenses to the actor.

22

Reasonable expenses shall include, but not be limited to,

23

attorney fees, expert witness fees, court costs and compensation

24

for loss of income.

25

(c)  Definition.--As used in this section, the term

26

"perpetrator" shall mean a person against whom an actor is

27

justified in using force as provided by 18 Pa.C.S. § 505, 506,

28

507, 508 or 509.

29

Section 2.1 10.  Section 9718.3(a) of Title 42 is amended to

<--

30

read:

- 16 -

 


1

§ 9718.3.  Sentence for failure to comply with registration of

2

sexual offenders.

3

(a)  Mandatory sentence.--Mandatory sentencing shall be as

4

follows:

5

(1)  Sentencing upon conviction for a first offense shall

6

be as follows:

7

(i)  Not less than two years for an individual who:

8

(A)  was subject to registration under section

9

9795.1(a) or (a.1) (relating to registration), former

10

section 9793 (relating to registration of certain

11

offenders for ten years) or a similar provision from

12

another jurisdiction; and

13

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

14

or (4) (relating to failure to comply with

15

registration of sexual offenders requirements).

16

(ii)  Not less than three years for an individual

17

who:

18

(A)  was subject to registration under section

19

9795.1(a) or (a.1), former section 9793 or a similar

20

provision from another jurisdiction; and

21

(B)  violated 18 Pa.C.S. § 4915(a)(3).

22

(iii)  Not less than three years for an individual

23

who:

24

(A)  was subject to registration under section 

25

9795.1(b) or a similar provision from another

26

jurisdiction; and

27

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

28

or (4).

29

(iv)  Not less than five years for an individual who:

30

(A)  was subject to registration under section

- 17 -

 


1

9795.1(b) or a similar provision from another

2

jurisdiction; and

3

(B)  violated 18 Pa.C.S. § 4915(a)(3).

4

(2)  Sentencing upon conviction for a second or

5

subsequent offense shall be as follows:

6

(i)  Not less than five years for an individual who:

7

(A)  was subject to registration under section

8

9795.1, former section 9793 or a similar provision

9

from another jurisdiction; and

10

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

11

or (4).

12

(ii)  Not less than seven years for an individual

13

who:

14

(A)  was subject to registration under section

15

9795.1, former section 9793 or a similar provision

16

from another jurisdiction; and

17

(B)  violated 18 Pa.C.S. § 4915(a)(3).

18

* * *

19

Section 3 11.  The definitions of "active notification,"

<--

20

"approved registration site," "employed," "offender," "passive

21

notification," "residence" and "sexually violent predator" in

22

section 9792 of Title 42 are amended and the section is amended

23

by adding definitions to read:

24

§ 9792.  Definitions.

25

The following words and phrases when used in this subchapter

26

shall have the meanings given to them in this section unless the

27

context clearly indicates otherwise:

28

* * *

29

"Active notification."  Notification pursuant to section 9798

30

(relating to other notification) or any process whereby law

- 18 -

 


1

enforcement, pursuant to the laws of the United States or one of

2

its territories or possessions, another state, the District of

3

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

4

notifies persons in the community in which the individual

5

resides or has a habitual locale, including any person

6

identified in section 9798(b), of the residence, habitual

7

locale, employment or school location of the individual.

8

"Approved registration site"  A site in this Commonwealth

9

approved by the Pennsylvania State Police as required by section

10

9799.1(2) (relating to [duties of] Pennsylvania State Police):

11

(1)  at which individuals subject to this subchapter may

12

register, verify information or be fingerprinted or

13

photographed as required by this subchapter;

14

(2)  which is capable of submitting fingerprints

15

utilizing the Integrated Automated Fingerprint Identification

16

System or in another manner and in such form as the

17

Pennsylvania State Police shall require; and

18

(3)  which is capable of submitting photographs utilizing

19

the Commonwealth Photo Imaging Network or in another manner

20

and in such form as the Pennsylvania State Police shall

21

require.

22

* * *

23

"Employed."  Includes a vocation or employment that is full-

24

time or part-time for a period of time exceeding [14] four days

25

during a seven-day period or for an aggregate period of time

26

exceeding [30] 14 days during any calendar year, whether

27

financially compensated, volunteered, pursuant to a contract or

28

for the purpose of government or educational benefit.

29

"Habitual locale."  A place where a transient can be located.

30

The term includes locations a transient frequents during the day

- 19 -

 


1

and night, such as parks, public buildings, restaurants and

2

libraries.

3

* * *

4

"Offender."  An individual required to register under section

5

9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or

6

under former section 9793 (relating to registration of certain

7

offenders for ten years). The term includes an individual

8

considered to be an offender under section 9795.2(b) (relating

9

to registration procedures and applicability).

10

"Passive notification."  Notification pursuant to section

11

9798.1 (relating to information made available on the Internet 

12

and electronic notification) or any process whereby persons,

<--

13

pursuant to the laws of the United States or one of its

14

territories or possessions, another state, the District of

15

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

16

are able to access information pertaining to an individual [as a

17

result of the individual having been convicted or sentenced by a

18

court for an offense similar to an offense listed in section

19

9795.1 (relating to registration)] under a sex offender

20

registration law in that jurisdiction. The term includes a

21

situation in which an individual is required to register under a

22

sex offender registration law in the jurisdiction where

23

convicted, sentenced, court martialed or adjudicated as a

24

juvenile and where access to that registration information is

25

limited to law enforcement only.

26

* * *

27

"Registration information."  Information required under this

28

subchapter to be provided to the Pennsylvania State Police by an

29

offender or a sexually violent predator.

30

"Residence."  A location where an individual resides or is

- 20 -

 


1

domiciled or intends to be domiciled for 30 [consecutive] 

2

cumulative days or more during a calendar year.

3

"Sex offender registration law."  Any of the following:

4

(1)  This subchapter.

5

(2)  A law in another jurisdiction which requires an

6

individual to register with a sex offender registry following

7

conviction or adjudication.

8

* * *

9

"Sexually violent predator."  A person who has been convicted

10

of a sexually violent offense as set forth in section 9795.1

11

(relating to registration) and who is determined to be a

12

sexually violent predator under section 9795.4 (relating to

13

assessments) due to a mental abnormality or personality disorder

14

that makes the person likely to engage in predatory sexually

15

violent offenses. The term includes:

16

(1)  an individual determined to be a sexually violent

17

predator where the determination occurred in the United

18

States or one of its territories or possessions, another

19

state, the District of Columbia, the Commonwealth of Puerto

20

Rico, a foreign nation or by court martial; and

21

(2)  an individual considered to be a sexually violent

22

predator under section 9795.2(b) (relating to registration

23

procedures and applicability).

24

* * *

25

"Transient."  An individual subject to registration under

26

this subchapter who does not have a residence and is present in

27

this Commonwealth for seven or more consecutive days. The term

28

includes an individual considered to be a transient under

29

section 9795.2(a)(1) (relating to registration procedures and

30

applicability).

- 21 -

 


1

Section 4 12.  Section 9795.1(a) introductory paragraph of

<--

2

Title 42 is amended, subsection (b) is amended by adding a

3

paragraph and the section is amended by adding subsections to

4

read:

5

§ 9795.1.  Registration.

6

(a)  Ten-year registration.--[The] Except as set forth in

7

subsection (a.1) or (b), the following individuals shall be

8

required to register with the Pennsylvania State Police for a

9

period of ten years:

10

* * *

11

(a.1)  Exception to ten-year registration.--Except as

12

provided under subsection (b), an individual considered to be an

13

offender pursuant to section 9795.2(b) (relating to registration

14

procedures and applicability) shall be required to register with

15

the Pennsylvania State Police for a period less than life, the

16

duration of which is to be determined under section 9795.2(b).

17

(b)  Lifetime registration.--The following individuals shall

18

be subject to lifetime registration:

19

* * *

20

(5)  An individual who is considered to be a sexually

21

violent predator under section 9795.2(b) or who is otherwise

22

required to register for life under section 9795.2(b).

23

* * *

24

(d)  Failure to maintain a residence.--The fact that an

25

individual required to register under this subchapter does not

26

have a residence shall not relieve the individual from the duty

27

to register or any other duty imposed by this subchapter.

28

Section 5 13.  Section 9795.2(a)(1), (2) introductory

<--

29

paragraph, (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4)

30

introductory paragraph and (5) introductory paragraph, (c), (d)

- 22 -

 


1

and (e) of Title 42 are amended, subsection (a) is amended by

2

adding a paragraph and subsection (a)(2) is amended by adding

3

subparagraphs to read:

4

§ 9795.2.  Registration procedures and applicability.

5

(a)  Registration.--

6

(1)  Offenders and sexually violent predators shall be

7

required to register with the Pennsylvania State Police upon

8

release from incarceration, upon parole from a Federal, State

9

[or], county, municipal or private correctional [institution] 

10

facility or upon the commencement of a sentence of

11

intermediate punishment or probation or any other sentence of

12

nonconfinement. For purposes of registration, offenders and

13

sexually violent predators shall provide the Pennsylvania

14

State Police with all current or intended residences[,]; all

15

information concerning current or intended employment [and]; 

16

all information concerning current or intended enrollment as

17

a student[.]; and all information concerning vehicles owned

18

by, or registered to, the offender or sexually violent

19

predator. An offender or sexually violent predator who does

20

not have a current or intended residence shall be considered

21

a transient. An offender or sexually violent predator who

22

provides an intended residence shall be considered a

23

transient if the offender or sexually violent predator is not

24

living at the registered intended residence within seven days

25

following the date of release, parole or commencement of

26

intermediate punishment, probation or nonconfinement

27

sentence.

28

(1.1)  If an offender or sexually violent predator is

29

required under this subchapter to register, update or verify

30

a residence, an offender or sexually violent predator who is

- 23 -

 


1

a transient shall be required to register, update or verify

2

his habitual locales. With respect to each habitual locale, a

3

transient shall be required to provide an address unless the

4

habitual locale has no address, in which case a transient

5

shall be required to provide a specific description of the

6

place. A transient shall also provide a place where the

7

transient is able to receive delivery of mail, including a

8

post office box or general delivery post office location. In

9

addition to any other duty imposed under this subchapter,

10

including reporting requirements under section 9796 (relating

11

to verification of residence), a transient shall appear every

12

30 days at an approved registration site to complete the

13

forms designated by the Pennsylvania State Police to be used

14

for the purposes of complying with this subchapter, to update

15

or verify registration information and status as a transient

16

and, at the discretion of the approved registration site, to

17

be photographed.

18

(2)  For purposes of this paragraph, offenders and

19

sexually violent predators shall appear at an approved

20

registration site to complete the form designated by the

21

Pennsylvania State Police to be used for purposes of

22

complying with this subchapter. In the case of an offender

23

entering or being released or transferred from a residential

24

reentry or correctional facility, the administrator of the

25

facility or his designee shall assist in completing the forms

26

designated by the Pennsylvania State Police to be used for

27

purposes of complying with this subchapter and, immediately

28

upon collection, forward all the forms to the Pennsylvania

29

State Police. Offenders and sexually violent predators shall

30

inform the Pennsylvania State Police within 48 hours of:

- 24 -

 


1

(i)  Any establishment or change of residence or

2

establishment of an additional residence or residences.

3

(ii)  [Any] Becoming employed or any change of

4

employer or employment location for a period of time that

5

will exceed [14] four days during a seven-day period or

6

for an aggregate period of time that will exceed [30] 14 

7

days during any calendar year, or termination of

8

employment.

9

* * *

10

(iv)  Becoming [employed or] enrolled as a student if

11

the person has not previously provided that information

12

to the Pennsylvania State Police.

13

(v)  Becoming a transient.

14

(vi)  Entering, being released or transferred from a

15

Federal, State, county, municipal or private correctional

16

facility, including a residential reentry facility, due

17

to arrest, detainer, parole violation, probation

18

violation or sentence of incarceration, if the person's

19

stay exceeds 48 hours.

20

(vii)  No longer residing, being domiciled, employed

21

or being enrolled as a student in this Commonwealth.

22

(2.1)  Registration with a new law enforcement agency

23

shall occur no later than 48 hours after establishing

24

residence in another state or after moving to another state

25

but not establishing a residence there.

26

(3)  The [ten-year] registration period required in

27

section 9795.1(a) and (a.1) (relating to registration) shall

28

be tolled when an offender is [recommitted for a parole

29

violation or sentenced to an additional term of imprisonment] 

30

incarcerated, and all time spent in incarceration shall not

- 25 -

 


1

be counted toward an offender's registration period. In such

2

cases, the [Department of Corrections or] Federal, State, 

3

county, municipal or private correctional facility shall

4

notify the Pennsylvania State Police of the admission,

5

release and transfer of the offender.

6

(4)  This paragraph shall apply to all offenders and

7

sexually violent predators:

8

(i)  Where the offender or sexually violent predator

9

was granted parole by the Pennsylvania Board of Probation

10

and Parole or the court or is sentenced to probation

11

[or], intermediate punishment or a punishment not

12

involving confinement, the board or county office of

13

probation and parole shall collect registration

14

information from the offender or sexually violent

15

predator and forward that registration information to the

16

Pennsylvania State Police. [The Department of Corrections

17

or county] If an offender or a sexually violent predator

18

is incarcerated in a Federal, State, county, municipal or

19

private correctional facility, including a residential

20

reentry facility, the correctional facility shall not

21

release nor transfer the offender or sexually violent

22

predator until it receives verification from the

23

Pennsylvania State Police that [it has received] the

24

registration information has been received. Verification

25

by the Pennsylvania State Police may occur by electronic

26

means, including e-mail or facsimile transmission. Where

27

the offender or sexually violent predator is scheduled to

28

be released from a [State correctional facility or

29

county] correctional facility because of the expiration

30

of the maximum term of incarceration, the [Department of

- 26 -

 


1

Corrections or county] correctional facility shall

2

collect the information from the offender or sexually

3

violent predator no later than ten days prior to the

4

maximum expiration date. The registration information

5

shall, immediately upon collection, be forwarded to the

6

Pennsylvania State Police.

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] is employed, intends to be employed, is a student,

13

intends to be a student, resides, enters this Commonwealth

14

with the purpose of establishing a residence or is a

15

transient in this Commonwealth and who has been convicted of

16

or sentenced by a court or court martialed for a sexually

17

violent offense or a similar offense under the laws of the

18

United States or one of its territories or possessions,

19

another state, the District of Columbia, the Commonwealth of

20

Puerto Rico or a foreign nation, or who was required to

21

register under a sexual offender statute in the jurisdiction

22

where convicted, sentenced or court martialed, shall register

23

at an approved registration site within 48 hours of the

24

individual's arrival in this Commonwealth. The provisions of

25

this subchapter shall apply to the individual as follows:

26

* * *

27

(5)  Notwithstanding the provisions of Chapter 63

28

(relating to juvenile matters) and except as provided in

29

paragraph (4), an individual who [resides, is employed or is

30

a student] is employed, intends to be employed, is a student,

- 27 -

 


1

intends to be a student, resides, enters this Commonwealth

2

with the purpose of establishing a residence or is a

3

transient in this Commonwealth and who is required to

4

register as a sex offender under the laws of the United

5

States or one of its territories or possessions, another

6

state, the District of Columbia, the Commonwealth of Puerto

7

Rico or a foreign nation as a result of a juvenile

8

adjudication shall register at an approved registration site

9

within 48 hours of the individual's arrival in this

10

Commonwealth. The provisions of this subchapter shall apply

11

to the individual as follows:

12

* * *

13

(c)  Registration information to local police.--

14

(1)  The Pennsylvania State Police shall provide the

15

information obtained under this section and sections [9795.3] 

16

9795.3(a) (relating to sentencing court information) and 9796

17

(relating to verification of [residence] registration

18

information) to the chief law enforcement officers of the

19

police departments of the municipalities in which the

20

individual will reside, be employed or enrolled as a student.

21

In addition, the Pennsylvania State Police shall provide this

22

officer with the address at which the individual will reside,

23

be employed or enrolled as a student following his release

24

from incarceration, parole or probation.

25

(2)  The Pennsylvania State Police shall provide notice

26

to the chief law enforcement officers of the police

27

departments of the municipalities notified pursuant to

28

paragraph (1) when an individual fails to comply with the

29

registration requirements of this section or section 9796 and

30

request, as appropriate, that these police departments assist

- 28 -

 


1

in locating and apprehending the individual.

2

(3)  The Pennsylvania State Police shall provide notice

3

to the chief law enforcement officers of the police

4

departments of the municipalities notified pursuant to

5

paragraph (1) when they are in receipt of information

6

indicating that the individual is no longer a transient or

7

will no longer reside, be transient, be employed or be

8

enrolled as a student in the municipality.

9

(d)  Penalty.--An individual subject to registration under

10

former section 9793 (relating to registration of certain

11

offenders for ten years) or section [9795.1(a) or (b)] 9795.1 

12

who fails to register or verify or update registration

13

information with the Pennsylvania State Police as required by

14

this section may be subject to prosecution under 18 Pa.C.S. §

15

4915 (relating to failure to comply with registration of sexual

16

offenders requirements).

17

(e)  Registration sites.--An individual subject to [section

18

9795.1] this subchapter shall register and submit to

19

fingerprinting and photographing as required by this subchapter

20

at approved registration sites.

21

Section 6 14.  Sections 9795.3 and 9796 heading, (a), (b),

<--

22

(c) and (e), 9797(a)(1), and 9798(a)(1), (b) and (c), 9798.1(c)

<--

23

(1)(v) and 9799(1) of Title 42 are amended to read:

24

§ 9795.3.  Sentencing court information.

25

(a)  Duty of sentencing court.--The sentencing court shall

26

inform offenders and sexually violent predators at the time of

27

sentencing of the provisions of this subchapter. The court

28

shall:

29

(1)  Specifically inform the offender or sexually violent

30

predator of the duty to register and provide the information

- 29 -

 


1

required for each registration, including verification as

2

required in section 9796(a) (relating to verification of

3

[residence)] registration information).

4

(2)  Specifically inform the offender or sexually violent

5

predator of the duty to inform the Pennsylvania State Police

6

within [ten days] 48 hours if the offender or sexually

7

violent predator changes or establishes a residence or

8

establishes an additional residence or residences, becomes a

9

transient, changes employer or employment location for a

10

period of time that will exceed [14 days] four days during

11

any seven-day period or for an aggregate period of time that

12

will exceed [30] 14 days during any calendar year or

13

terminates employment or changes institution or location at

14

which the person is enrolled as a student or terminates

15

enrollment.

16

(2.1)  Specifically inform the offender or sexually

17

violent predator of the duty to inform the Pennsylvania State

18

Police within [ten days] 48 hours of becoming employed or

19

enrolled as a student if the [person] offender or sexually

20

violent predator has not previously provided that information

21

to the Pennsylvania State Police.

22

(2.2)  Specifically inform the offender or sexually

23

violent predator of the duty to inform the Pennsylvania State

24

Police that he is a transient if the offender or sexually

25

violent predator does not have or fails to maintain a

26

residence.

27

(3)  Specifically inform the offender or sexually violent

28

predator of the duty to register with a new law enforcement

29

agency if the offender or sexually violent predator moves to

30

another state no later than [ten days] 48 hours after

- 30 -

 


1

establishing residence in another state.

2

(4)  Order the fingerprints and photograph of the

3

offender or sexually violent predator to be provided to the

4

Pennsylvania State Police upon sentencing.

5

(5)  Specifically inform the offender or sexually violent

6

predator of the duty to register with the appropriate

7

authorities in any state in which the offender or sexually

8

violent predator is a transient, is employed, carries on a

9

vocation or is a student if the state requires such

10

registration.

11

(6)  Require the offender or sexually violent predator to

12

read and sign a form stating that the duty to register under

13

this subchapter has been explained. Where the offender or

14

sexually violent predator is incapable of reading, the court

15

shall certify the duty to register was explained to the

16

offender or sexually violent predator and the offender or

17

sexually violent predator indicated an understanding of the

18

duty.

19

(b)  Failure to provide.--Failure on the part of the court to

20

provide a sexually violent predator or offender with information

21

under this section shall not relieve that predator or offender

22

from the requirements of this subchapter.

23

§ 9796.  Verification of [residence] registration information.

24

(a)  Quarterly verification by sexually violent predators.--

25

The Pennsylvania State Police shall verify the [residence] 

26

registration information and compliance with counseling as

27

provided for in section 9799.4 (relating to counseling of

28

sexually violent predators) of sexually violent predators every

29

90 days through the use of a nonforwardable verification form to

30

the last reported residence. For the period of registration

- 31 -

 


1

required by section 9795.1 (relating to registration), a

2

sexually violent predator shall appear quarterly between January

3

5 and January 15, April 5 and April 15, July 5 and July 15 and

4

October 5 and October 15 of each calendar year at an approved

5

registration site to complete a verification form and to be

6

photographed.

7

* * *

8

(b)  Annual verification by offenders.--The Pennsylvania

9

State Police shall verify the [residence] registration

10

information of offenders. For the period of registration

11

required by section 9795.1, an offender shall appear within ten

12

days before each annual anniversary date of the offender's

13

initial registration under former section 9793 (relating to

14

registration of certain offenders for ten years) or section

15

9795.1 at an approved registration site to complete a

16

verification form and to be photographed.

17

* * *

18

(c)  Notification of law enforcement agencies of change of

19

residence or habitual locale.--A change of residence or habitual

20

locale of an offender or sexually violent predator required to

21

register under this subchapter reported to the Pennsylvania

22

State Police shall be immediately reported by the Pennsylvania

23

State Police to the appropriate law enforcement agency having

24

jurisdiction of the offender's or the sexually violent

25

predator's new place of residence or habitual locale. The

26

Pennsylvania State Police shall, if the offender or sexually

27

violent predator changes residence or habitual locale to another

28

state, notify the law enforcement agency with which the offender

29

or sexually violent predator must register in the new state.

30

* * *

- 32 -

 


1

(e)  Penalty.--An individual subject to registration under

2

former section 9793 or section 9795.1(a) or (b) who fails to

3

verify his [residence] registration information or to be

4

photographed as required by this section may be subject to

5

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

6

comply with registration of sexual offenders requirements).

7

* * *

8

§ 9797.  Victim notification.

9

(a)  Duty to inform victim.--

10

(1)  Where the individual is determined to be a sexually

11

violent predator by a court under section 9795.4 (relating to

12

assessments), the local municipal police department or the

13

Pennsylvania State Police where no municipal police

14

jurisdiction exists shall give written notice to the sexually

15

violent predator's victim when the sexually violent predator

16

registers initially and when he notifies the Pennsylvania

17

State Police of any change of residence or habitual locale.

18

This notice shall be given within 72 hours after the sexually

19

violent predator registers or notifies the Pennsylvania State

20

Police of a change of address or habitual locale. The notice

21

shall contain the sexually violent predator's name and the

22

address [or], addresses or habitual locales where he resides

23

or may be found.

24

* * *

25

§ 9798.  Other notification.

26

(a)  Notice by municipality's chief law enforcement

27

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

28

Ch. 91 (relating to criminal history record information), the

29

chief law enforcement officer of the full-time or part-time

30

police department of the municipality where a sexually violent

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1

predator lives shall be responsible for providing written notice

2

as required under this section.

3

(1)  The notice shall contain:

4

(i)  The name of the convicted sexually violent

5

predator.

6

(ii)  The address or addresses at which [he] the

7

sexually violent predator resides. If the sexually

8

violent predator is a transient, written notice under

9

this subparagraph shall include the municipality and

10

county containing the transient's habitual locale.

11

(ii.1)  The municipality, county and zip code in

12

which the sexually violent predator is employed.

13

(iii)  The offense for which [he] the sexually

14

violent predator was convicted, sentenced by a court,

15

adjudicated delinquent or court martialed.

16

(iv)  A statement that [he] the sexually violent

17

predator has been determined by court order to be a

18

sexually violent predator, which determination has or has

19

not been terminated as of a date certain.

20

(v)  A photograph of the sexually violent predator,

21

if available.

22

* * *

23

(b)  To whom written notice is provided.--The chief law

24

enforcement officer shall provide written notice, under

25

subsection (a), to the following persons:

26

(1)  Neighbors of the sexually violent predator. As used

27

in this paragraph, where the sexually violent predator lives

28

in a common interest community, the term "neighbor" includes

29

the unit owners' association and residents of the common

30

interest community. As used in this paragraph, where the

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1

sexually violent predator is a transient, the term "neighbor"

2

shall mean the community, and the chief law enforcement

3

officer shall determine the appropriate method for providing

4

written notice.

5

(2)  The director of the county children and youth

6

service agency of the county where the sexually violent

7

predator resides or, if the sexually violent predator is a

8

transient, each county containing the transient's habitual

9

locale.

10

(3)  The superintendent of each school district and the

11

equivalent official for private and parochial schools

12

enrolling students up through grade 12 in the municipality

13

where the sexually violent predator resides or, if the

14

sexually violent predator is a transient, each municipality

15

containing the transient's habitual locale.

16

(3.1)  The superintendent of each school district and the

17

equivalent official for each private and parochial school

18

located within a one-mile radius of where the sexually

19

violent predator resides.

20

(4)  The licensee of each certified day care center and

21

licensed preschool program and owner/operator of each

22

registered family day care home in the municipality where the

23

sexually violent predator resides or, if the sexually violent

24

predator is a transient, each municipality containing the

25

transient's habitual locale.

26

(5)  The president of each college, university and

27

community college located within 1,000 feet of a sexually

28

violent predator's residence.

29

(c)  Urgency of notification.--The municipal police

30

department's chief law enforcement officer shall provide notice

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1

within the following time frames:

2

(1)  To neighbors specified under subsection (b)(1),

3

notice shall be provided within five days after information

4

of the sexually violent predator's release date and residence

5

or habitual locale has been received by the chief law

6

enforcement officer. Notwithstanding the provisions of

7

subsections (a) and (b), verbal notification may be used if

8

written notification would delay meeting this time

9

requirement.

10

(2)  To the persons specified in subsection (b)(2), (3),

11

(4) and (5), notice shall be provided within seven days after

12

the chief law enforcement officer receives information

13

regarding the sexually violent predator's release date and

14

residence or habitual locale.

15

* * *

16

Section 6.1 15.  Section 9798.1 heading, (a) and (c)(1)(v)

<--

17

and (vi) of Title 42 are amended, subsection (c) is amended by

18

adding a paragraph and the section is amended by adding a

19

subsection to read:

20

§ 9798.1.  Information made available on the Internet and

<--

21

electronic notification.

22

(a)  Legislative findings.--It is hereby declared to be the

<--

23

finding of the General Assembly that public safety will be

24

enhanced by making information about sexually violent predators,

25

lifetime registrants and other sex offenders available to the

26

public through the Internet and electronic notification.

27

Knowledge of whether a person is a sexually violent predator,

28

lifetime registrant or other sex offender could be a significant

29

factor in protecting oneself and one's family members, or those

30

in care of a group or community organization, from recidivist

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1

acts by sexually violent predators, lifetime registrants and

2

other sex offenders. The technology afforded by the Internet and

3

other electronic notification would make this information

4

readily accessible to parents and private entities, enabling

5

them to undertake appropriate remedial precautions to prevent or

6

avoid placing potential victims at risk. Public access to

7

information about sexually violent predators, lifetime

8

registrants and other sex offenders is intended solely as a

9

means of public protection and shall not be construed as

10

punitive.

11

* * *

12

(c)  Information permitted to be disclosed regarding

13

individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

14

criminal history record information), the Internet website shall

15

contain the following information on each individual:

16

(1)  For sexually violent predators, the following

17

information shall be posted on the Internet website:

18

* * *

19

(v)  the municipality, county and zip code of any

20

employment location and, in the case of a transient, of

21

any habitual locale;

22

* * *

<--

23

(vi)  [a photograph] multiple frontal view color

<--

24

photographs of the offender, which shall be updated not

25

less than annually, the specific date each photograph was

26

taken and, for comparative purposes, the most current and

27

the most recent previously posted frontal photographs

28

taken of the offender;

29

* * *

30

(3)  If an offender fails to appear for his required

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1

annual registration information verification or a sexually

2

violent predator fails to appear for his required quarterly

3

registration information verification, the Internet website

4

shall include:

5

(i)  A statement prominently displayed on the

6

offender or sexually violent predator's Internet website

7

listing indicating that the offender or predator is not

8

current with the registration information verification

9

requirements of this chapter.

10

(ii)  If applicable, a prominent notice indicating

11

that the offender or sexually violent predator has

12

absconded.

13

* * *

14

(e)  Electronic notification option.--Notwithstanding 18

15

Pa.C.S. Ch. 91 (relating to criminal history record

16

information), the Pennsylvania State Police shall develop and

17

implement a process which allows members of the public to

18

receive electronic notification when any registered offender

19

moves into or out of a user-designated location.

20

Section 6.2 16.  Section 9799(1) of Title 42 is amended to

<--

21

read:

22

§ 9799.  Immunity for good faith conduct.

23

The following entities shall be immune from liability for

24

good faith conduct under this subchapter:

25

(1)  The Pennsylvania State Police [and], local law

26

enforcement agencies, and agents and employees of the

27

Pennsylvania State Police and local law enforcement agencies.

28

* * *

29

Section 7 17.  Section 9799.1 heading, (2) and (4) of Title

<--

30

42 are amended and the section is amended by adding paragraphs

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1

to read:

2

§ 9799.1.  [Duties of] Pennsylvania State Police.

3

The Pennsylvania State Police shall:

4

* * *

5

(2)  In consultation with the Department of Corrections,

6

the Office of Attorney General, the Pennsylvania Board of

7

Probation and Parole and the chairman and the minority

8

chairman of the Judiciary Committee of the Senate and the

9

chairman and the minority chairman of the Judiciary Committee

10

of the House of Representatives, promulgate guidelines

11

necessary for the general administration of this subchapter.

12

These guidelines shall establish procedures to allow an

13

individual subject to the requirements of sections 9795.1

14

(relating to registration) [and], 9796 (relating to

15

verification of [residence] registration information) to

16

fulfill these requirements at approved registration sites

17

throughout this Commonwealth. The Pennsylvania State Police

18

shall publish a list of approved registration sites in the

19

Pennsylvania Bulletin and provide a list of approved

20

registration sites in any notices sent to individuals

21

required to register under section 9795.1. An approved

22

registration site shall be capable of submitting

23

fingerprints, photographs and any other information required

24

electronically to the Pennsylvania State Police. The

25

Pennsylvania State Police shall require that approved

26

registration sites submit fingerprints utilizing the

27

Integrated Automated Fingerprint Identification System or in

28

another manner and in such form as the Pennsylvania State

29

Police shall require. The Pennsylvania State Police shall

30

require that approved registration sites submit photographs

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1

utilizing the Commonwealth Photo Imaging Network or in

2

another manner and in such form as the Pennsylvania State

3

Police shall require. Approved registration sites shall not

4

be limited to sites managed by the Pennsylvania State Police

5

and shall include sites managed by local law enforcement

6

agencies that meet the criteria for approved registration

7

sites set forth in this paragraph.

8

* * *

9

(4)  Notify, within five business days of receiving the

10

offender's or the sexually violent predator's registration,

11

the chief law enforcement officers of the police departments

12

having primary jurisdiction of the municipalities in which an

13

offender or sexually violent predator is a transient, 

14

resides, is employed or enrolled as a student of the fact

15

that the offender or sexually violent predator has been

16

registered with the Pennsylvania State Police pursuant to

17

sections 9795.2 (relating to registration procedures and

18

applicability) and 9796 (relating to verification of

19

[residence] registration information).

20

* * *

21

(7)  The Pennsylvania State Police shall have standing

22

and shall be a party in any of the following:

23

(i)  A proceeding brought by an individual registered

24

under former section 9793 (relating to registration of

25

certain offenders for ten years) or section 9795.1 to be

26

removed from, or contesting their inclusion in, the State

27

registry of sexual offenders and sexually violent

28

predators.

29

(ii)  A proceeding to modify a court order concerning

30

the terms of an individual's registration under former

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1

section 9793 or section 9795.1.

2

(8)  The Pennsylvania State Police may certify and send

3

to an authorized user, by electronic transmission or

4

otherwise, a certification of record or abstract of records

5

maintained by the Pennsylvania State Police regarding the

6

registration of an offender under this subchapter.

7

Permissible uses shall include certifications of an offenders

8

initial registration and verification history and history of

9

nonregistration or nonverification. The Pennsylvania State

10

Police may also certify electronically any documents

11

certified to it electronically. Authorized users shall

12

include State and local police, district attorneys, agents

13

and employees of the Pennsylvania State Police and the Office

14

of Attorney General and other persons or entities determined

15

by the Pennsylvania State Police and listed by notice in the

16

Pennsylvania Bulletin. In any proceeding before the courts or

17

administrative bodies of this Commonwealth, documents

18

certified by the Pennsylvania State Police under this section

19

and offered into evidence by an authorized user shall be

20

admissible into evidence.

21

Section 8 18.  Sections 9799.4 and 9799.9 of Title 42 are

<--

22

amended to read:

23

§ 9799.4.  Counseling of sexually violent predators.

24

(a)  Attendance required.--For the period of registration

25

required by section 9795.1(b) (relating to registration), a

26

sexually violent predator shall be required to attend at least

27

monthly counseling sessions in a program approved by the board

28

and be financially responsible for all fees assessed from such

29

counseling sessions. The board shall monitor the compliance of

30

the sexually violent predator.

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1

(b)  Indigence.--If the sexually violent predator can prove

2

to the satisfaction of the court that the person's income and

3

support is such that the person cannot afford to pay for the

4

counseling sessions, that person shall still attend the

5

counseling sessions and the [parole office] Pennsylvania Board 

6

of Probation and Parole shall pay the requisite fees. The court

7

may create a standard petition for indigence for use by sexually

8

violent predators and the Pennsylvania Board of Probation and

9

Parole in the courts of this Commonwealth. Filing fees for the

10

determinations shall be waived. Upon request of the Pennsylvania

11

Board of Probation and Parole, a sexually violent predator's

12

indigence status shall be reviewed by the court and a

13

determination shall be made by the court whether the individual

14

will remain eligible for funded counseling sessions.

15

§ 9799.9.  Photographs and fingerprinting.

16

An individual subject to former section 9793 (relating to

17

registration of certain offenders for ten years) or section

18

9795.1 (relating to registration) shall submit to fingerprinting

19

and photographing as required by this subchapter at approved

20

registration sites. Fingerprinting as required by this

21

subchapter shall, at a minimum, require submission of a full set

22

of fingerprints. Photographing as required by this subchapter

23

shall, at a minimum, require submission to photographs of the

24

face and any scars, marks, tattoos or other unique features of

25

the individual. Fingerprints and photographs obtained under this

26

subchapter may be maintained for use under this subchapter and

27

for general law enforcement purposes.

28

Section 9 19.  This act shall apply to the following:

<--

29

(1)  All individuals required to register under 42

30

Pa.C.S. Ch. 97 Subch. H on or after the effective date of

- 42 -

 


1

this section.

2

(2)  All individuals required to register under 42

3

Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to

4

the effective date of this section and whose registration has

5

not expired prior to the effective date of this section.

6

Section 13 20.  This act shall take effect as follows:

<--

7

(1)  The amendment or addition of 18 Pa.C.S. §§ 501,

<--

8

505(b) and (d), 506, 3903(a), (a.1), (a.2) and (b), 4501 and, 

<--

9

4915(a) introductory paragraph, (2), (3) and (4), (b)(2), (3)

10

and (4) and (c)(2), (3), (4) and (5), 6102 and 6109(m.3) and

<--

11

42 Pa.C.S. § 8340.2 shall take effect in 60 days.

12

(2)  The amendment or addition of 42 Pa.C.S. § 9798.1(c)

<--

13

(1)(v) § 9798.1 heading, (a) AND (c)(1)(v) and (3) shall take

<--

14

effect in 180 days.

15

(3)  The amendment of 42 Pa.C.S. § 9798.1(c)(1)(vi) shall

<--

16

take effect in one year.

17

(4)  The addition of 42 Pa.C.S. § 9798.1(e) shall take

18

effect January 1, 2011.

19

 (3) (5)  The remainder of this act shall take effect

<--

20

immediately.

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