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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, BAKER, BEYER, BOBACK, BOYD, CLYMER, CONKLIN, CUTLER, DAY, FAIRCHILD, FARRY, FLECK, GEIST, GIBBONS, GINGRICH, GOODMAN, GRELL, GROVE, HARKINS, HARRIS, HESS, HORNAMAN, KAUFFMAN, M. KELLER, LONGIETTI, MAJOR, MANN, MICOZZIE, MOUL, MURT, O'NEILL, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REESE, REICHLEY, ROCK, SCAVELLO, SIPTROTH, SWANGER, TALLMAN, J. TAYLOR, TRUE AND VULAKOVICH, NOVEMBER 10, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 10, 2009 |
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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 falsification and intimidation, further |
4 | providing for failure to comply with registration of sexual |
5 | offenders requirements; in registration of sexual offenders, |
6 | defining "transient"; in registration of sexual offenders, |
7 | further providing for registration, for registration |
8 | procedures and applicability and for sentencing court |
9 | information; in registration of sexual offenders, providing |
10 | for registration of transients; and in registration of sexual |
11 | offenders, further providing for victim notification, for |
12 | other notification, for information made available on the |
13 | Internet and for duties of the Pennsylvania State Police. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 4915(e)(3) of Title 18 of the |
17 | Pennsylvania Consolidated Statutes is amended and the section is |
18 | amended by adding subsections to read: |
19 | § 4915. Failure to comply with registration of sexual offenders |
20 | requirements. |
21 | * * * |
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1 | (a.1) Transients.--An individual who is subject to |
2 | registration as a transient under 42 Pa.C.S. § 9796.1 (relating |
3 | to registration of transients) commits an offense if the |
4 | individual knowingly fails to: |
5 | (1) register with the Pennsylvania State Police as |
6 | required under 42 Pa.C.S. § 9796.1; |
7 | (2) provide the information set forth in 42 Pa.C.S. § |
8 | 9796.1; |
9 | (3) be photographed; or |
10 | (4) provide accurate information when complying with 42 |
11 | Pa.C.S. § 9796.1. |
12 | * * * |
13 | (c.1) Grading for transient offenders.-- |
14 | (1) Except as set forth in paragraph (2), an individual |
15 | subject to registration under 42 Pa.C.S. § 9796.1 who commits |
16 | a violation of subsection (a.1) commits a felony of the third |
17 | degree. |
18 | (2) An individual subject to registration under 42 |
19 | Pa.C.S. § 9796.1 who commits a violation of subsection (a.1) |
20 | and who has previously been convicted of an offense under |
21 | subsection (a.1) or a similar offense commits a felony of the |
22 | second degree. |
23 | * * * |
24 | (e) Arrests for violation.-- |
25 | * * * |
26 | (3) Prior to admitting an individual arrested for a |
27 | violation of this section to bail, the issuing authority |
28 | shall require all of the following: |
29 | (i) The individual must be fingerprinted and |
30 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
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1 | Subch. H (relating to registration of sexual offenders). |
2 | (ii) The individual must provide the Pennsylvania |
3 | State Police with all current or intended residences, all |
4 | information concerning current or intended employment, |
5 | including all employment locations, and all information |
6 | concerning current or intended enrollment as a student. |
7 | If the individual is a transient, the transient must |
8 | provide the Pennsylvania State Police with the |
9 | information required under 42 Pa.C.S. § 9796.1. |
10 | (iii) Law enforcement must make reasonable attempts |
11 | to verify the information provided by the individual. |
12 | * * * |
13 | Section 2. Section 9792 of Title 42 is amended by adding a |
14 | definition to read: |
15 | § 9792. Definitions. |
16 | The following words and phrases when used in this subchapter |
17 | shall have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | * * * |
20 | "Transient." An individual required to register under this |
21 | subchapter who does not have a residence. |
22 | Section 3. Section 9795.1(a) and (b) of Title 42 are amended |
23 | by adding paragraphs and the section is amended by adding a |
24 | subsection to read: |
25 | § 9795.1. Registration. |
26 | (a) Ten-year registration.--The following individuals shall |
27 | be required to register with the Pennsylvania State Police for a |
28 | period of ten years: |
29 | * * * |
30 | (4) Individuals who have moved to this Commonwealth who |
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1 | fail to maintain a residence who have been convicted of |
2 | offenses similar to the crimes cited in paragraphs (1) and |
3 | (2) under the laws of the United States or one of the |
4 | territories or possessions, another state, the District of |
5 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
6 | or under a former law of this Commonwealth. |
7 | (b) Lifetime registration.--The following individuals shall |
8 | be subject to lifetime registration: |
9 | * * * |
10 | (5) Individuals who have moved to this Commonwealth who |
11 | fail to maintain a residence who have been convicted of |
12 | offenses similar to the crimes cited in paragraph (2) under |
13 | the laws of the United States or one of the territories or |
14 | possessions, another state, the District of Columbia, the |
15 | Commonwealth of Puerto Rico or a foreign nation or under a |
16 | former law of this Commonwealth. |
17 | * * * |
18 | (d) Failure to maintain a residence.--The fact that an |
19 | individual required to register under this subchapter does not |
20 | have a residence shall not relieve the individual from the duty |
21 | to register or any other duty imposed by this subchapter. Such |
22 | an individual shall register as a transient in accordance with |
23 | the provisions of this subchapter. |
24 | Section 4. Section 9795.2 of Title 42 is amended to read: |
25 | § 9795.2. Registration procedures and applicability. |
26 | (a) Registration.-- |
27 | (1) Offenders and sexually violent predators shall be |
28 | required to register with the Pennsylvania State Police upon |
29 | release from incarceration, upon parole from a State or |
30 | county correctional institution or upon the commencement of a |
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1 | sentence of intermediate punishment or probation. For |
2 | purposes of registration, offenders and sexually violent |
3 | predators shall provide the Pennsylvania State Police with |
4 | all current or intended residences, all information |
5 | concerning current or intended employment and all information |
6 | concerning current or intended enrollment as a student. In |
7 | the event the offender or sexually violent predator does not |
8 | have a residence, the offender or sexually violent predator |
9 | shall, in addition to the other requirements of this |
10 | subchapter, register with the Pennsylvania State Police as a |
11 | transient. |
12 | (2) Offenders and sexually violent predators shall |
13 | inform the Pennsylvania State Police within 48 hours of: |
14 | (i) Any change of residence or establishment of an |
15 | additional residence or residences or, if the offender or |
16 | sexually violent predator is a transient, the |
17 | establishment of a residence. |
18 | (ii) Any change of employer or employment location |
19 | for a period of time that will exceed 14 days or for an |
20 | aggregate period of time that will exceed 30 days during |
21 | any calendar year, or termination of employment. |
22 | (iii) Any change of institution or location at which |
23 | the person is enrolled as a student, or termination of |
24 | enrollment. |
25 | (iv) Becoming employed or enrolled as a student if |
26 | the person has not previously provided that information |
27 | to the Pennsylvania State Police. |
28 | (v) Becoming a transient. In addition to the other |
29 | requirements of this subchapter, the transient shall |
30 | comply with the provisions of section 9796.1 (relating to |
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1 | registration of transients). |
2 | (2.1) Registration with a new law enforcement agency |
3 | shall occur no later than 48 hours after establishing |
4 | residence in another state or of moving to another state but |
5 | failing to maintain a residence. |
6 | (3) The ten-year registration period required in section |
7 | 9795.1(a) (relating to registration) shall be tolled when an |
8 | offender is recommitted for a parole violation or sentenced |
9 | to an additional term of imprisonment. In such cases, the |
10 | Department of Corrections or county correctional facility |
11 | shall notify the Pennsylvania State Police of the admission |
12 | of the offender. |
13 | (4) This paragraph shall apply to all offenders and |
14 | sexually violent predators: |
15 | (i) Where the offender or sexually violent predator |
16 | was granted parole by the Pennsylvania Board of Probation |
17 | and Parole or the court or is sentenced to probation or |
18 | intermediate punishment, the board or county office of |
19 | probation and parole shall collect registration |
20 | information from the offender or sexually violent |
21 | predator and forward that registration information to the |
22 | Pennsylvania State Police. The Department of Corrections |
23 | or county correctional facility shall not release the |
24 | offender or sexually violent predator until it receives |
25 | verification from the Pennsylvania State Police that it |
26 | has received the registration information. Verification |
27 | by the Pennsylvania State Police may occur by electronic |
28 | means, including e-mail or facsimile transmission. Where |
29 | the offender or sexually violent predator is scheduled to |
30 | be released from a State correctional facility or county |
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1 | correctional facility because of the expiration of the |
2 | maximum term of incarceration, the Department of |
3 | Corrections or county correctional facility shall collect |
4 | the information from the offender or sexually violent |
5 | predator no later than ten days prior to the maximum |
6 | expiration date. The registration information shall be |
7 | forwarded to the Pennsylvania State Police. |
8 | (ii) Where the offender or sexually violent predator |
9 | scheduled to be released from a State correctional |
10 | facility or county correctional facility due to the |
11 | maximum expiration date refuses to provide the |
12 | registration information, the Department of Corrections |
13 | or county correctional facility shall notify the |
14 | Pennsylvania State Police or police department with |
15 | jurisdiction over the facility of the failure to provide |
16 | registration information and of the expected date, time |
17 | and location of the release of the offender or sexually |
18 | violent predator. |
19 | (b) Individuals convicted or sentenced by a court or |
20 | adjudicated delinquent in jurisdictions outside this |
21 | Commonwealth or sentenced by court martial.-- |
22 | (4) An individual who resides, is a transient, is |
23 | employed or is a student in this Commonwealth and who has |
24 | been convicted of or sentenced by a court or court martialed |
25 | for a sexually violent offense or a similar offense under the |
26 | laws of the United States or one of its territories or |
27 | possessions, another state, the District of Columbia, the |
28 | Commonwealth of Puerto Rico or a foreign nation, or who was |
29 | required to register under a sexual offender statute in the |
30 | jurisdiction where convicted, sentenced or court martialed, |
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1 | shall register at an approved registration site within 48 |
2 | hours of the individual's arrival in this Commonwealth. The |
3 | provisions of this subchapter shall apply to the individual |
4 | as follows: |
5 | (i) If the individual has been classified as a |
6 | sexually violent predator as defined in section 9792 |
7 | (relating to definitions) or determined under the laws of |
8 | the other jurisdiction or by reason of court martial to |
9 | be subject to active notification and lifetime |
10 | registration on the basis of a statutorily authorized |
11 | administrative or judicial decision or on the basis of a |
12 | statute or administrative rule requiring active |
13 | notification and lifetime registration based solely on |
14 | the offense for which the individual was convicted, |
15 | sentenced or court martialed, the individual shall, |
16 | notwithstanding section 9792, be considered a sexually |
17 | violent predator and subject to lifetime registration |
18 | pursuant to section 9795.1(b) (relating to registration). |
19 | The individual shall also be subject to the provisions of |
20 | this section and sections 9796 (relating to verification |
21 | of residence), 9798 (relating to other notification) and |
22 | 9798.1(c)(1) (relating to information made available on |
23 | the Internet), except that the individual shall not be |
24 | required to receive counseling unless required to do so |
25 | by the other jurisdiction or by reason of court martial. |
26 | (ii) Except as provided in subparagraphs (i) and |
27 | (iv), if the individual has been convicted or sentenced |
28 | by a court or court martialed for an offense listed in |
29 | section 9795.1(b) or an equivalent offense, the |
30 | individual shall, notwithstanding section 9792, be |
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1 | considered an offender and be subject to lifetime |
2 | registration pursuant to 9795.1(b). The individual shall |
3 | also be subject to the provisions of this section and |
4 | sections 9796 and 9798.1(c)(2). |
5 | (iii) Except as provided in subparagraphs (i), (ii), |
6 | (iv) and (v), if the individual has been convicted or |
7 | sentenced by a court or court martialed for an offense |
8 | listed in section 9795.1(a) or an equivalent offense, the |
9 | individual shall be, notwithstanding section 9792, |
10 | considered an offender and subject to registration |
11 | pursuant to this subchapter. The individual shall also be |
12 | subject to the provisions of this section and sections |
13 | 9796 and 9798.1(c)(2). The individual shall be subject to |
14 | this subchapter for a period of ten years or for a period |
15 | of time equal to the time for which the individual was |
16 | required to register in the other jurisdiction or |
17 | required to register by reason of court martial, |
18 | whichever is greater, less any credit due to the |
19 | individual as a result of prior compliance with |
20 | registration requirements. |
21 | (iv) Except as provided in subparagraph (i) and |
22 | notwithstanding subparagraph (v), if the individual is |
23 | subject to active notification in the other jurisdiction |
24 | or subject to active notification by reason of court |
25 | martial, the individual shall, notwithstanding section |
26 | 9792, be considered an offender and subject to this |
27 | section and sections 9796, 9798 and 9798.1(c)(1). If the |
28 | individual was convicted of or sentenced in the other |
29 | jurisdiction or sentenced by court martial for an offense |
30 | listed in section 9795.1(b) or an equivalent offense, the |
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1 | individual shall be subject to this subchapter for the |
2 | individual's lifetime. If the individual was convicted of |
3 | or sentenced in the other jurisdiction or sentenced by |
4 | court martial for an offense listed in section 9795.1(a) |
5 | or an equivalent offense, the individual shall be subject |
6 | to this subchapter for a period of ten years or for a |
7 | period of time equal to the time for which the individual |
8 | was required to register in the other jurisdiction or |
9 | required to register by reason of court martial, |
10 | whichever is greater, less any credit due to the |
11 | individual as a result of prior compliance with |
12 | registration requirements. Otherwise, the individual |
13 | shall be subject to this subchapter for a period of time |
14 | equal to the time for which the individual was required |
15 | to register in the other jurisdiction or required to |
16 | register by reason of court martial, less any credit due |
17 | to the individual as a result of prior compliance with |
18 | registration requirements. |
19 | (v) Except as provided in subparagraphs (i), (ii), |
20 | (iii) and (iv), if the individual is subject to passive |
21 | notification in the other jurisdiction or subject to |
22 | passive notification by reason of court martial, the |
23 | individual shall, notwithstanding section 9792, be |
24 | considered an offender and subject to this section and |
25 | sections 9796 and 9798.1(c)(2). The individual shall be |
26 | subject to this subchapter for a period of time equal to |
27 | the time for which the individual was required to |
28 | register in the other jurisdiction or required to |
29 | register by reason of court martial, less any credit due |
30 | to the individual as a result of prior compliance with |
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1 | registration requirements. |
2 | (5) Notwithstanding the provisions of Chapter 63 |
3 | (relating to juvenile matters) and except as provided in |
4 | paragraph (4), an individual who resides, is a transient, is |
5 | employed or is a student in this Commonwealth and who is |
6 | required to register as a sex offender under the laws of the |
7 | United States or one of its territories or possessions, |
8 | another state, the District of Columbia, the Commonwealth of |
9 | Puerto Rico or a foreign nation as a result of a juvenile |
10 | adjudication shall register at an approved registration site |
11 | within 48 hours of the individual's arrival in this |
12 | Commonwealth. The provisions of this subchapter shall apply |
13 | to the individual as follows: |
14 | (i) If the individual has been classified as a |
15 | sexually violent predator as defined in section 9792 or |
16 | determined under the laws of the other jurisdiction to be |
17 | subject to active notification and lifetime registration |
18 | on the basis of a statutorily authorized administrative |
19 | or judicial decision or on the basis of a statute or |
20 | administrative rule requiring active notification and |
21 | lifetime registration based solely on the offense for |
22 | which the individual was adjudicated, the individual |
23 | shall, notwithstanding section 9792, be considered a |
24 | sexually violent predator and subject to lifetime |
25 | registration pursuant to section 9795.1(b). The |
26 | individual shall also be subject to the provisions of |
27 | this section and sections 9796 and 9798.1(c)(1), except |
28 | that the individual shall not be required to receive |
29 | counseling unless required to do so by the other |
30 | jurisdiction. |
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1 | (ii) Except as provided in subparagraph (i), if the |
2 | individual is subject to active notification in the other |
3 | jurisdiction, the individual shall, notwithstanding |
4 | section 9792, be considered an offender and subject to |
5 | registration pursuant to this subchapter. The individual |
6 | shall also be subject to the provisions of this section |
7 | and sections 9796, 9798 and 9798.1(c)(1). The individual |
8 | shall be subject to this subchapter for a period of time |
9 | equal to the time for which the individual was required |
10 | to register in the other jurisdiction, less any credit |
11 | due to the individual as a result of prior compliance |
12 | with registration requirements. |
13 | (iii) Except as provided in subparagraphs (i) and |
14 | (ii), if the individual is subject to passive |
15 | notification in the other jurisdiction, the individual |
16 | shall, notwithstanding section 9792, be considered an |
17 | offender and be subject to this section and sections 9796 |
18 | and 9798.1(c)(2). The individual shall be subject to this |
19 | subchapter for a period of time equal to the time for |
20 | which the individual was required to register in the |
21 | other jurisdiction, less any credit due to the individual |
22 | as a result of prior registration compliance. |
23 | (c) Registration information to local police.-- |
24 | (1) The Pennsylvania State Police shall provide the |
25 | information obtained under this section and sections 9795.3 |
26 | (relating to sentencing court information) and 9796 (relating |
27 | to verification of residence) to the chief law enforcement |
28 | officers of the police departments of the municipalities in |
29 | which the individual will reside, be employed or enrolled as |
30 | a student. In addition, the Pennsylvania State Police shall |
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1 | provide this officer with the address at which the individual |
2 | will reside, be employed or enrolled as a student following |
3 | his release from incarceration, parole or probation. If the |
4 | individual is a transient, the Pennsylvania State Police |
5 | shall provide information obtained under section 9796.1 to |
6 | the chief law enforcement officers of the police departments |
7 | of the appropriate municipalities. |
8 | (2) The Pennsylvania State Police shall provide notice |
9 | to the chief law enforcement officers of the police |
10 | departments of the municipalities notified pursuant to |
11 | paragraph (1) when an individual fails to comply with the |
12 | registration requirements of this section [or], section 9796 |
13 | or section 9796.1 and request, as appropriate, that these |
14 | police departments assist in locating and apprehending the |
15 | individual. |
16 | (3) The Pennsylvania State Police shall provide notice |
17 | to the chief law enforcement officers of the police |
18 | departments of the municipalities notified pursuant to |
19 | paragraph (1) when they are in receipt of information |
20 | indicating that the individual is no longer a transient or |
21 | will no longer reside, be employed or be enrolled as a |
22 | student in the municipality. |
23 | (d) Penalty.--An individual subject to registration under |
24 | section 9795.1(a) or (b) who fails to register with the |
25 | Pennsylvania State Police as required by this section may be |
26 | subject to prosecution under 18 Pa.C.S. § 4915 (relating to |
27 | failure to comply with registration of sexual offenders |
28 | requirements). |
29 | (d.1) Transients.--An offender or a sexually violent |
30 | predator or other individual required to register under this |
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1 | subchapter who is a transient who fails to register with the |
2 | Pennsylvania State Police as required by this section may be |
3 | subject to prosecution under 18 Pa.C.S. 4915 (relating to |
4 | failure to comply with registration of sexual offender |
5 | requirements). |
6 | (e) Registration sites.--The following apply: |
7 | (1) An individual subject to section 9795.1 shall |
8 | register and submit to fingerprinting and photographing as |
9 | required by this subchapter at approved registration sites. |
10 | (2) An offender or sexually violent predator or other |
11 | individual required to register under this subchapter who is |
12 | subject to registration as a transient shall register in |
13 | accordance with section 9796.1 and submit to fingerprinting |
14 | and photographing at approved registration sites. |
15 | Section 5. Section 9795.3(5) of Title 42 is amended and the |
16 | section is amended by adding a paragraph to read: |
17 | § 9795.3. Sentencing court information. |
18 | The sentencing court shall inform offenders and sexually |
19 | violent predators at the time of sentencing of the provisions of |
20 | this subchapter. The court shall: |
21 | * * * |
22 | (2.2) Specifically inform the offender or sexually |
23 | violent predator of the duty to register and to provide the |
24 | information required as a transient, if the offender or |
25 | sexually violent predator fails to maintain a residence. |
26 | * * * |
27 | (5) Specifically inform the offender or sexually violent |
28 | predator of the duty to register with the appropriate |
29 | authorities in any state in which the offender or sexually |
30 | violent predator is a transient, is employed, carries on a |
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1 | vocation or is a student if the state requires such |
2 | registration. |
3 | * * * |
4 | Section 6. Title 42 is amended by adding a section to read: |
5 | § 9796.1. Registration of transients. |
6 | (a) General rule.--An offender or sexually violent predator |
7 | or other individual required to register under this subchapter |
8 | who does not have a residence shall register with the |
9 | Pennsylvania State Police as a transient. |
10 | (b) Frequency of registration.--A transient shall appear |
11 | every 30 days at an approved registration site to register as a |
12 | transient, to complete a verification form and to be |
13 | photographed. The transient shall provide the following: |
14 | (1) Places the transient sleeps, including a homeless |
15 | shelter or other temporary habitat. In addition, the |
16 | transient shall provide a list of places the transient eats, |
17 | frequents and engages in leisure activities, and any planned |
18 | destination, including those outside this Commonwealth. If |
19 | the transient changes or adds to the places listed under this |
20 | paragraph during a 30-day period, the transient shall list |
21 | these when re-registering as a transient during the next 30- |
22 | day period. |
23 | (2) Where the transient receives mail, including a post |
24 | office box. |
25 | (3) If the transient is also a sexually violent |
26 | predator, compliance with counseling as provided in section |
27 | 9799.4 (relating to counseling of sexually violent |
28 | predators). |
29 | (c) Duration of registration requirement.--The duty to |
30 | register at an approved registration site every 30 days shall |
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1 | apply until the transient establishes a residence. In the event |
2 | the transient establishes a residence, the requirements of |
3 | registering under section 9796 (relating to verification of |
4 | residence) shall apply. |
5 | (d) Failure to register as a transient.--Where a transient |
6 | fails to comply with the provisions of this section, the |
7 | Pennsylvania State Police shall immediately notify the municipal |
8 | police department of the transient's last known habitat. The |
9 | local municipal police shall locate the transient and arrest the |
10 | transient for violating this section. The Pennsylvania State |
11 | Police shall assume responsibility for locating and arresting |
12 | the transient in jurisdictions where no municipal police |
13 | jurisdiction exists. The Pennsylvania State Police shall assist |
14 | any municipal police department requesting assistance with |
15 | locating and arresting a transient who fails to comply with the |
16 | provisions of this section. |
17 | Section 7. Section 9797, 9798(a)(1) and (c), 9798.1(c) and |
18 | 9799.1(2) and (4) of Title 42 are amended to read: |
19 | § 9797. Victim notification. |
20 | (a) Duty to inform victim.-- |
21 | (1) Where the individual is determined to be a sexually |
22 | violent predator by a court under section 9795.4 (relating to |
23 | assessments), the local municipal police department or the |
24 | Pennsylvania State Police where no municipal police |
25 | jurisdiction exists shall give written notice to the sexually |
26 | violent predator's victim when the sexually violent predator |
27 | registers initially and when he notifies the Pennsylvania |
28 | State Police of any change of residence or if the sexually |
29 | violent predator registers as a transient. This notice shall |
30 | be given within 72 hours after the sexually violent predator |
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1 | registers or notifies the Pennsylvania State Police of a |
2 | change of address or registers as a transient. The notice |
3 | shall contain the sexually violent predator's name and the |
4 | address or addresses where he resides. If the sexually |
5 | violent predator registers as a transient, the Pennsylvania |
6 | State Police shall provide the information in section |
7 | 9796.1(b)(1) (relating to registration of transient). |
8 | (2) A victim may terminate the duty to inform set forth |
9 | in paragraph (1) by providing the local municipal police |
10 | department or the Pennsylvania State Police where no local |
11 | municipal police department exists with a written statement |
12 | releasing that agency from the duty to comply with this |
13 | section as it pertains to that victim. |
14 | (b) Where an individual is not determined to be a sexually |
15 | violent predator.--Where an individual is not determined to be a |
16 | sexually violent predator by a court under section 9795.4, the |
17 | victim shall be notified in accordance with section 201 of the |
18 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
19 | Victims Act. This subsection includes the circumstance of an |
20 | offender registering as a transient. |
21 | § 9798. Other notification. |
22 | (a) Notice by municipality's chief law enforcement |
23 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
24 | Ch. 91 (relating to criminal history record information), the |
25 | chief law enforcement officer of the full-time or part-time |
26 | police department of the municipality where a sexually violent |
27 | predator lives shall be responsible for providing written notice |
28 | as required under this section. |
29 | (1) The notice shall contain: |
30 | (i) The name of the convicted sexually violent |
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1 | predator. |
2 | (ii) The address or addresses at which he resides. |
3 | If, however, the sexually violent predator registers as a |
4 | transient, written notice under this subparagraph shall |
5 | be limited to that set forth in section 9796.1(b)(2) |
6 | (relating to registration of transients). |
7 | (iii) The offense for which he was convicted, |
8 | sentenced by a court, adjudicated delinquent or court |
9 | martialed. |
10 | (iv) A statement that he has been determined by |
11 | court order to be a sexually violent predator, which |
12 | determination has or has not been terminated as of a date |
13 | certain. |
14 | (v) A photograph of the sexually violent predator, |
15 | if available. |
16 | * * * |
17 | (c) Urgency of notification.--The municipal police |
18 | department's chief law enforcement officer shall provide notice |
19 | within the following time frames: |
20 | (1) To neighbors, notice shall be provided within five |
21 | days after information of the sexually violent predator's |
22 | release date and residence has been received by the chief law |
23 | enforcement officer. If the sexually violent predator |
24 | registers as a transient, notice shall be provided within |
25 | five days after information of the transient's release date |
26 | and information under section 9796.1 have been received by |
27 | the chief law enforcement officer. Notwithstanding the |
28 | provisions of subsections (a) and (b), verbal notification |
29 | may be used if written notification would delay meeting this |
30 | time requirement. |
|
1 | (2) To the persons specified in subsection (b)(2), (3), |
2 | (4) and (5), notice shall be provided within seven days after |
3 | the chief law enforcement officer receives information |
4 | regarding the sexually violent predator's release date and |
5 | residence. If the sexually violent predator registers as a |
6 | transient, notice shall be provided within seven days after |
7 | the chief law enforcement officer receives information |
8 | regarding the transient's release date and the information |
9 | required under section 9796.1. |
10 | * * * |
11 | § 9798.1. Information made available on the Internet. |
12 | * * * |
13 | (c) Information permitted to be disclosed regarding |
14 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
15 | criminal history record information), the Internet website shall |
16 | contain the following information on each individual: |
17 | (1) For sexually violent predators, the following |
18 | information shall be posted on the Internet website: |
19 | (i) name and all known aliases; |
20 | (ii) year of birth; |
21 | (iii) the street address, municipality, county and |
22 | zip code of all residences, including, where applicable, |
23 | the name of the prison or other place of confinement; |
24 | (iv) the street address, municipality, county, zip |
25 | code and name of any institution or location at which the |
26 | person is enrolled as a student; |
27 | (v) the municipality, county and zip code of any |
28 | employment location; |
29 | (vi) a photograph of the offender, which shall be |
30 | updated not less than annually; |
|
1 | (vii) a physical description of the offender, |
2 | including sex, height, weight, eye color, hair color and |
3 | race; |
4 | (viii) any identifying marks, including scars, |
5 | birthmarks and tattoos; |
6 | (ix) the license plate number and description of any |
7 | vehicle owned or registered to the offender; |
8 | (x) whether the offender is currently compliant with |
9 | registration requirements; |
10 | (xi) whether the victim is a minor; |
11 | (xii) a description of the offense or offenses which |
12 | triggered the application of this subchapter; [and] |
13 | (xiii) the date of the offense and conviction, if |
14 | available; and |
15 | (xiv) whether the sexually violent predator is |
16 | registered as a transient. If the sexually violent |
17 | predator is registered as a transient, the information in |
18 | section 9796.1(b)(2) (relating to registration of |
19 | transients) shall be provided in addition to the |
20 | information set forth in subsection (c)(1). |
21 | (2) For all other lifetime registrants and offenders |
22 | subject to registration, the information set forth in |
23 | paragraph (1) shall be posted on the Internet website. If the |
24 | lifetime registrant or offender is registered as a transient, |
25 | the information provided in section 9796.1(b)(2) shall be |
26 | provided in addition to the information set forth in |
27 | subsection (c)(1). |
28 | * * * |
29 | § 9799.1. Duties of Pennsylvania State Police. |
30 | The Pennsylvania State Police shall: |
|
1 | * * * |
2 | (2) In consultation with the Department of Corrections, |
3 | the Office of Attorney General, the Pennsylvania Board of |
4 | Probation and Parole and the chairman and the minority |
5 | chairman of the Judiciary Committee of the Senate and the |
6 | chairman and the minority chairman of the Judiciary Committee |
7 | of the House of Representatives, promulgate guidelines |
8 | necessary for the general administration of this subchapter. |
9 | These guidelines shall establish procedures to allow an |
10 | individual subject to the requirements of sections 9795.1 |
11 | (relating to registration) [and], 9796 (relating to |
12 | verification of residence) and 9796.1 (relating to |
13 | registration of transients) to fulfill these requirements at |
14 | approved registration sites throughout this Commonwealth. The |
15 | Pennsylvania State Police shall publish a list of approved |
16 | registration sites in the Pennsylvania Bulletin and provide a |
17 | list of approved registration sites in any notices sent to |
18 | individuals required to register under section 9795.1. An |
19 | approved registration site shall be capable of submitting |
20 | fingerprints, photographs and any other information required |
21 | electronically to the Pennsylvania State Police. The |
22 | Pennsylvania State Police shall require that approved |
23 | registration sites submit fingerprints utilizing the |
24 | Integrated Automated Fingerprint Identification System or in |
25 | another manner and in such form as the Pennsylvania State |
26 | Police shall require. The Pennsylvania State Police shall |
27 | require that approved registration sites submit photographs |
28 | utilizing the Commonwealth Photo Imaging Network or in |
29 | another manner and in such form as the Pennsylvania State |
30 | Police shall require. Approved registration sites shall not |
|
1 | be limited to sites managed by the Pennsylvania State Police |
2 | and shall include sites managed by local law enforcement |
3 | agencies that meet the criteria for approved registration |
4 | sites set forth in this paragraph. |
5 | * * * |
6 | (4) Notify, within five days of receiving the offender's |
7 | or the sexually violent predator's registration, the chief |
8 | law enforcement officers of the police departments having |
9 | primary jurisdiction of the municipalities in which an |
10 | offender or sexually violent predator is registered as a |
11 | transient, resides, is employed or enrolled as a student of |
12 | the fact that the offender or sexually violent predator has |
13 | been registered with the Pennsylvania State Police pursuant |
14 | to sections 9795.2 (relating to registration procedures and |
15 | applicability) [and], 9796 [(relating to verification of |
16 | residence)] or section 9796.1. |
17 | * * * |
18 | Section 8. This act shall take effect in 60 days. |
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