THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, BOBACK, HESS, GEIST, BAKER, FABRIZIO, GILLEN, HARHAI, HARHART, HICKERNELL, KAUFFMAN, KILLION, KIRKLAND, MILLARD, MILNE, MURT, READSHAW, SANTARSIERO AND VULAKOVICH, MARCH 29, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 29, 2011  

AN ACT

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

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for rape and for involuntary

deviate sexual intercourse; providing for loss of property

rights by certain offenders and for conduct relating to sex

offenders; further providing for failure to comply with

sexual offender registration requirements; defining "GPS" and

"GPS tracking device"; further providing for registration and

for registration procedures and applicability; providing for

GPS tracking, for restricted travel, for alert system and for

child protective zones; and further providing for offenses

against infant persons, for information made available on the

Internet and for global positioning system technology.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3121(e) and 3123(d) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the sections

are amended by adding subsections to read:

§ 3121.  Rape.

* * *

(e)  Sentences.--Notwithstanding the provisions of section

1103 (relating to sentence of imprisonment for felony), except

as set forth in subsection (f), a person convicted of an offense

under:

(1)  Subsection (c) shall be sentenced to a term of

imprisonment which shall be fixed by the court at not less

than 25 years nor more than [40] 75 years.

(2)  Subsection (d) shall be sentenced [up] to a minimum

term of 50 years and a maximum term of life imprisonment with

no possibility of parole.

(f)  Multiple victims.--A consecutive term of imprisonment

shall be imposed for each victim of an offense under subsection

(c) or (d).

§ 3123.  Involuntary deviate sexual intercourse.

* * *

(d)  Sentences.--Notwithstanding the provisions of section

1103 (relating to sentence of imprisonment for felony), except

as set forth in subsection (d.1), a person convicted of an

offense under:

(1)  Subsection (b) shall be sentenced to a term of

imprisonment which shall be fixed by the court at not less

than 25 years nor more than [40] 75 years.

(2)  Subsection (c) shall be sentenced [up] to a minimum

term of 50 years and to a maximum term of life imprisonment

with no possibility of parole.

(d.1)  Multiple victims.--A consecutive term of imprisonment

shall be imposed for each victim of an offense under subsection

(b) or (c).

* * *

Section 2.  Section 4915(b) of Title 18 is amended to read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

* * *

(b)  Grading for offenders who must register for ten years.--

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

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

commits a violation of subsection (a)(1) [or (2)], (2) or (3) 

commits a felony of the [third] second degree.

(3)  An individual subject to registration under 42

Pa.C.S. § 9795.1(a) who commits a violation of subsection (a)

(1) [or (2)], (2) or (3) and who has previously been

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

similar offense commits a felony of the [second] first 

degree.

[(4)  An individual subject to registration under 42

Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a

felony of the second degree.]

* * *

Section 3.  Section 9718 heading and (a) of Title 42 are

amended to read:

§ 9718.  Sentences for offenses against [infant persons]

children.

(a)  Mandatory sentence.--

(1)  A person convicted of the following offenses when

the victim is under 16 years of age shall be sentenced to a

mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) and (4) (relating to

aggravated assault) - not less than [two years.] ten

years for a first offense, 20 years for a second offense

or 40 years for a third offense.

18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) 

(relating to rape) - not less than ten years for a first

offense, 20 years for a second offense or 40 years for a

third offense.

18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse) - not less than ten years for a first

offense, 20 years for a second offense or 40 years for a

third offense.

18 Pa.C.S. § 3125(a)(1) through (6) (relating to

aggravated indecent assault) - not less than [five years]

ten years for a first offense, 20 years for a second

offense or 40 years for a third offense.

(2)  A person convicted of the following offenses when

the victim is less than 13 years of age shall be sentenced to

a mandatory term of imprisonment as follows:

18 Pa.C.S. § 2702(a)(1) - not less than [five years]

ten years for a first offense, 20 years for a second

offense or 40 years for a third offense.

(3)  A person convicted of the following offenses shall

be sentenced to a mandatory term of imprisonment as follows:

18 Pa.C.S. § 3121(c) and (d) - not less than ten

years for a first offense, 20 years for a second offense

or 40 years for a third offense.

18 Pa.C.S. § 3125(a)(7) - not less than [five years]

ten years for a first offense, 20 years for a second

offense or 40 years for a third offense.

18 Pa.C.S. § 3125(b) - not less than ten years[.] for

a first offense, 20 years for a second offense or 40

years for a third offense.

(4)  An offender designated as a "sexually violent

predator" as defined in section 9792 (relating to

definitions) who commits any of the offenses in paragraph (1)

or (2) shall be sentenced to a mandatory term of imprisonment

as follows: 25 years for a first offense, 50 years for a

second offense or 75 years for a third offense.

* * *

Section 4.  Section 9792 of Title 42 is amended by adding

definitions to read:

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

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

context clearly indicates otherwise:

* * *

"GPS."  A global positioning system operated by the United

States Department of Defense which provides specially coded

satellite signals that can be processed by a receiver to compute

location.

"GPS tracking device."  A device which enables the location

of the offender to be monitored through use of GPS and related

technology and which is designed so that it:

(1)  actively and continuously monitors, identifies and

reports location data within a 100-mile radius;

(2)  permits the Pennsylvania State Police and any local

police department to receive location data, record it

securely and confidentially and retain it indefinitely;

(3)  can be worn around the wrist or ankle; and

(4)  cannot be removed without:

(i)  employing specialized equipment specifically

designed for that purpose; and

(ii)  alerting the Pennsylvania State Police and each

local police department that it has been removed.

* * *

Section 5.  Section 9795.2 heading, (a) and (d) of Title 42

are amended and the section is amended by adding subsections to

read:

§ 9795.2.  Registration procedures [and], applicability, 

probationary supervision, alert system and child

protection zone.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or upon the commencement of a

sentence of intermediate punishment or probation. For

purposes of registration, offenders and sexually violent

predators shall provide the Pennsylvania State Police with

all current or intended residences[,]. If the offender or

sexually violent predator's place of residence is a motor

vehicle, trailer, mobile home or manufactured home, the

offender or sexually violent predator shall also provide the

vehicle identification number, the license tag number, the

registration number and a description, including color

scheme, of the motor vehicle, trailer, mobile home or

manufactured home. If the offender or sexually violent

predator's place of residence is a vessel, live-aboard vessel

or houseboat, the offender or sexually violent predator shall

also provide the hull identification number, the

manufacturer's serial number, the name of the vessel, live-

aboard vessel or houseboat, the registration number and a

description, including color scheme, of the vessel, live-

aboard vessel or houseboat. The registration process also

requires offenders and sexually violent predators to disclose 

all information concerning current or intended employment and

all information concerning current or intended enrollment as

a student.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

for a period of time that will exceed 14 days or for an

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(2.1)  Registration with a new law enforcement agency

shall occur no later than 48 hours after establishing

residence in another state.

(2.2)  Persons required to comply with registration

provisions pursuant to a conviction for a sexual offense

under the laws of the United States or one of its territories

or possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation shall

register with the Pennsylvania State Police no later than 48

hours after establishing residence in this Commonwealth.

(3)  The ten-year registration period required in section

9795.1(a) (relating to registration) shall be tolled when an

offender is recommitted for a parole violation or sentenced

to an additional term of imprisonment. In such cases, the

Department of Corrections or county correctional facility

shall notify the Pennsylvania State Police of the admission

of the offender.

(4)  This paragraph shall apply to all offenders and

sexually violent predators:

(i)  Where the offender or sexually violent predator

was granted parole by the Pennsylvania Board of Probation

and Parole or the court or is sentenced to probation or

intermediate punishment, the board or county office of

probation and parole shall collect registration

information from the offender or sexually violent

predator and forward that registration information to the

Pennsylvania State Police. The Department of Corrections

or county correctional facility shall not release the

offender or sexually violent predator until it receives

verification from the Pennsylvania State Police that it

has received the registration information. Verification

by the Pennsylvania State Police may occur by electronic

means, including e-mail or facsimile transmission. Where

the offender or sexually violent predator is scheduled to

be released from a State correctional facility or county

correctional facility because of the expiration of the

maximum term of incarceration, the Department of

Corrections or county correctional facility shall collect

the information from the offender or sexually violent

predator no later than ten days prior to the maximum

expiration date. The registration information shall be

forwarded to the Pennsylvania State Police.

(ii)  Where the offender or sexually violent predator

scheduled to be released from a State correctional

facility or county correctional facility due to the

maximum expiration date refuses to provide the

registration information, the Department of Corrections

or county correctional facility shall notify the

Pennsylvania State Police or police department with

jurisdiction over the facility of the failure to provide

registration information and of the expected date, time

and location of the release of the offender or sexually

violent predator.

* * *

(c.1)  GPS tracking device.--

(1)  Upon classification as a sexually violent predator,

the sexually violent predator shall be fitted with a GPS

tracking device and subject to GPS monitoring.

(2)  An individual subject to registration under section

9795.1(a) or (b) and who fails to register with the

Pennsylvania State Police in violation of 18 Pa.C.S. § 4915

(relating to failure to comply with registration of sexual

offenders requirements) shall be fitted with a GPS tracking

device and subject to GPS monitoring.

(3)  Any individual fitted with a GPS tracking device

pursuant to this section shall be supervised by the

appropriate probation or parole authority or the Pennsylvania

State Police.

(4)  The Pennsylvania State Police shall combine data

collected by use of GPS tracking devices and retain the data

in a single database which can be searched by date, time and

location. Information in the database is confidential and

shall be accessed only by authorized law enforcement

personnel in connection with official investigation of cases

in which the status of an individual fitted with a GPS

tracking device may be relevant to the investigation.

(d)  Penalty.--

(1)  An individual subject to registration under section

9795.1(a) or (b) who fails to register with the Pennsylvania

State Police as required by this section may be subject to

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

comply with registration of sexual offenders requirements)].

(2)  An individual who is required to wear a GPS tracking

device under subsection (c.1) and who, without a court order,

removes, alters, tampers with, interferes with the operation

of, damages or destroys a GPS tracking device commits a

felony of the third degree.

(3)  An individual who fails to immediately notify the

nearest police department that a sexually violent predator's

GPS tracking device has been removed commits a felony of the

third degree.

* * *

(f)  Travel restricted.--No person subject to section 9795.1

who is on parole, commencing a sentence of intermediate

punishment or subject to probationary supervision shall be

permitted to travel out of the person's county of residence

without specific permission of the court of record.

(g)  Alert system.--The Pennsylvania State Police shall

establish and maintain an alert system which provides prompt

notification to the general public and law enforcement

authorities and assists in identifying and locating persons

subject to GPS tracking who fail to register as required by this

chapter or who violate subsection (d)(2) or (h). The

Pennsylvania State Police shall establish such protocols and

procedures as are necessary for the effective operation of the

alert system and shall educate and inform local law enforcement

agencies and the public with regard to its availability. Owners,

licensees, operators and employees of any communication medium,

including telephone, radio, television, newspaper, digital

communications network or global communications network shall be

immune from civil liability for good faith conduct while

participating in accordance with this subsection.

(h)  Child protective zone.--A person subject to the

registration requirements of section 9795.1 who intentionally or

knowingly enters into an area within 2,000 feet of a school,

playground, beach, park or day-care center commits a felony of

the third degree.

Section 6.  Sections 9798.1 and 9798.3 of Title 42 are

amended to read:

§ 9798.1.  Information made available on the Internet.

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

finding of the General Assembly that public safety will be

enhanced by making information about sexually violent predators,

lifetime registrants and other sex offenders available to the

public through the Internet. Knowledge of whether a person is a

sexually violent predator, lifetime registrant or other sex

offender could be a significant factor in protecting oneself and

one's family members, or those in care of a group or community

organization, from recidivist acts by sexually violent

predators, lifetime registrants and other sex offenders. The

technology afforded by the Internet would make this information

readily accessible to parents and private entities, enabling

them to undertake appropriate remedial precautions to prevent or

avoid placing potential victims at risk. Public access to

information about sexually violent predators, lifetime

registrants and other sex offenders is intended solely as a

means of public protection and shall not be construed as

punitive.

(b)  Internet posting of sexually violent predators, lifetime

registrants and other offenders.--The Commissioner of the

Pennsylvania State Police shall, in the manner and form directed

by the Governor:

(1)  Develop and maintain a system for making the

information described in subsection (c) publicly available by

electronic means so that the public may, without limitation,

obtain access to the information via an Internet website to

view an individual record or the records of all sexually

violent predators, lifetime registrants and other offenders

who are registered with the Pennsylvania State Police.

(2)  Ensure that the Internet website contains warnings

that any person who uses the information contained therein to

threaten, intimidate or harass another or who otherwise

misuses that information may be criminally prosecuted.

(3)  Ensure that the Internet website contains an

explanation of its limitations, including statements advising

that a positive identification of a sexually violent

predator, lifetime registrant or other offender whose record

has been made available may be confirmed only by

fingerprints; that some information contained on the Internet

website may be outdated or inaccurate; and that the Internet

website is not a comprehensive listing of every person who

has ever committed a sex offense in Pennsylvania.

(4)  Strive to ensure that:

(i)  the information contained on the Internet

website is accurate;

(ii)  the data therein is revised and updated as

appropriate in a timely and efficient manner; and

(iii)  instructions are included on how to seek

correction of information which a person contends is

erroneous.

(5)  Provide on the Internet website general information

designed to inform and educate the public about sex offenders

and sexually violent predators and the operation of this

subchapter as well as pertinent and appropriate information

concerning crime prevention and personal safety, with

appropriate links to other relevant Internet websites

operated by the Commonwealth of Pennsylvania.

(6)  Identify when the victim is a minor with a special

designation. The identity of a victim of a sex offense shall

not be published or posted on the Internet website.

(7)  Provide current or prospective Commonwealth

residents the ability to search the database of an Internet

website by inputting a home address. This type of Internet

search shall enable current or prospective residents to input

an address and discover if persons required to register under

section 9795.1 (relating to registration) live within five

miles of their residence. This function shall allow current

or prospective Commonwealth residents the ability to view the

location of the residence of those required to register under

section 9795.1 in relation to their own by electronic map.

(c)  Information permitted to be disclosed regarding

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

criminal history record information), the Internet website shall

contain the following information on each individual:

(1)  For sexually violent predators, the following

information shall be posted on the Internet website:

(i)  name and all known aliases;

(ii)  year of birth;

(iii)  the street address, municipality, county and

zip code of all residences, including, where applicable,

the name of the prison or other place of confinement;

(iv)  the street address, municipality, county, zip

code and name of any institution or location at which the

person is enrolled as a student;

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

employment location;

(vi)  a photograph of the offender, which shall be

updated not less than annually;

(vii)  a physical description of the offender,

including sex, height, weight, eye color, hair color and

race;

(viii)  any identifying marks, including scars,

birthmarks and tattoos;

(ix)  the license plate number and description of any

vehicle owned or registered to the offender;

(x)  whether the offender is currently compliant with

registration requirements;

(xi)  whether the victim is a minor;

(xii)  a description of the offense or offenses which

triggered the application of this subchapter; and

(xiii)  the date of the offense and conviction, if

available.

(2)  For all other lifetime registrants and offenders

subject to registration, the information set forth in

paragraph (1) shall be posted on the Internet website.

(d)  Duration of Internet posting.--

(1)  The information listed in subsection (c) about a

sexually violent predator shall be made available on the

Internet for the lifetime of the sexually violent predator.

(2)  The information listed in subsection (c) about an

offender who is subject to lifetime registration shall be

made available on the Internet for the lifetime of the

offender unless the offender is granted relief under section

9795.5 (relating to exemption from certain notifications).

(3)  The information listed in subsection (c) about any

other offender subject to registration shall be made

available on the Internet for the entire period during which

the offender is required to register, including any extension

of this period pursuant to 9795.2(a)(3) (relating to

registration procedures and applicability).

(e)  Use of information to commit offense.--Use of

information published on the Internet in accordance with this

section with intent to facilitate commission of a criminal

offense shall constitute an offense of the same grade and degree

as the underlying criminal offense.

§ 9798.3.  Global positioning system technology.

[The] Except as otherwise provided under section 9795.2(c.1)

(relating to registration procedures, applicability, 

probationary supervision, alert system and child protection

zone), the Pennsylvania Board of Probation and Parole and county

probation authorities may impose supervision conditions that

include offender tracking through global positioning system

technology.

Section 7.  This act shall take effect in 60 days.