PRINTER'S NO.  2879

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2074

Session of

2009

  

  

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

  

  

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 10, 2009  

  

  

  

AN ACT

  

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

* * *

 


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

- 4 -

 


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

- 8 -

 


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.

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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;

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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:

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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

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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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