| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 2573, 3800, 3854, 4390, 4412 | PRINTER'S NO. 4477 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 13, 2010 |
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| AN ACT |
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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 |
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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 |
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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 |
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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: |
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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 |
|
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 |
|
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 |
|
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 |
|
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). |
|
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) |
|
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 |
|
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: |
|
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 |
|
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 |
|
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, |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 | * * * |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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. |
|