PRINTER'S NO.  27

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

42

Session of

2011

  

  

INTRODUCED BY GREENLEAF, FOLMER, FONTANA, SCARNATI, RAFFERTY, ERICKSON, ORIE, BAKER, TARTAGLIONE, PIPPY, ALLOWAY, PILEGGI AND WAUGH, JANUARY 12, 2011

  

  

REFERRED TO JUDICIARY, JANUARY 12, 2011  

  

  

  

AN ACT

  

1

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

2

Judicial Procedure) of the Pennsylvania Consolidated

3

Statutes, further providing for registration of sexual

4

offenders and for sentence for failure to comply with

5

registration of sexual offenders.

6

The General Assembly of the Commonwealth of Pennsylvania

7

hereby enacts as follows:

8

Section 1.  Section 4501 of Title 18 of the Pennsylvania

9

Consolidated Statutes is amended by adding definitions to read:

10

§ 4501.  Definitions.

11

Subject to additional definitions contained in subsequent

12

provisions of this article which are applicable to specific

13

chapters or other provisions of this article, the following

14

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

15

the context clearly indicates otherwise, the meanings given to

16

them in this section:

17

* * *

18

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

19

(relating to definitions).

 


1

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

2

9792 (relating to definitions).

3

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

4

(3), (b) and (c) of Title 18 are amended and subsection (a) is

5

amended by adding a paragraph to read:

6

§ 4915.  Failure to comply with registration of sexual offenders

7

requirements.

8

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

9

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

10

registration) or [an individual who is subject to registration

11

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

12

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

13

registration of certain offenders for ten years) commits an

14

offense if he knowingly fails to:

15

* * *

16

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

17

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

18

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

19

(3)  provide accurate information when registering,

20

verifying or updating registration information under 42

21

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

22

9796; or

23

(4)  comply with any sexual offender counseling

24

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

25

counseling of sexually violent predators) as a result of

26

being designated a sexually violent predator or imposed under

27

a sex offender registration statute following conviction in

28

another jurisdiction.

29

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

30

without lifetime registration.--

- 2 -

 


1

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

2

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

3

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

4

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

5

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

6

the third degree.

7

(3)  An individual subject to registration under 42

8

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

9

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

10

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

11

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

12

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

13

felony of the second degree.

14

(4)  An individual subject to registration under 42

15

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

16

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

17

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

18

felony of the second degree.

19

(c)  Grading for sexually violent predators and others with

20

lifetime registration.--

21

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

22

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

23

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

24

to register as a sexually violent predator or as an offender

25

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

26

commits a felony of the second degree.

27

(3)  An individual subject to registration under 42

28

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

29

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

30

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

- 3 -

 


1

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

2

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

3

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

4

(4)  An individual subject to registration under 42

5

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

6

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

7

violent predator or as an offender for life, who violates

8

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

9

(5)  An individual subject to registration under 42

10

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

11

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

12

felony of the third degree.

13

* * *

14

Section 3.  Section 9718.3(a) of Title 42 is amended to read:

15

§ 9718.3.  Sentence for failure to comply with registration of

16

sexual offenders.

17

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

18

follows:

19

(1)  Sentencing upon conviction for a first offense shall

20

be as follows:

21

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

22

(A)  was subject to registration under section

23

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

24

section 9793 (relating to registration of certain

25

offenders for ten years) or a similar provision from

26

another jurisdiction; and

27

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

28

or (4) (relating to failure to comply with

29

registration of sexual offenders requirements).

30

(ii)  Not less than three years for an individual

- 4 -

 


1

who:

2

(A)  was subject to registration under section

3

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

4

provision from another jurisdiction; and

5

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

6

(iii)  Not less than three years for an individual

7

who:

8

(A)  was subject to registration under section 

9

9795.1(b) or a similar provision from another

10

jurisdiction; and

11

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

12

or (4).

13

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

14

(A)  was subject to registration under section

15

9795.1(b) or a similar provision from another

16

jurisdiction; and

17

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

18

(2)  Sentencing upon conviction for a second or

19

subsequent offense shall be as follows:

20

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

21

(A)  was subject to registration under section

22

9795.1, former section 9793 or a similar provision

23

from another jurisdiction; and

24

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

25

or (4).

26

(ii)  Not less than seven years for an individual

27

who:

28

(A)  was subject to registration under section

29

9795.1, former section 9793 or a similar provision

30

from another jurisdiction; and

- 5 -

 


1

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

2

* * *

3

Section 4.  The definitions of "employed," "offender,"

4

"passive notification," "residence" and "sexually violent

5

predator" in section 9792 of Title 42 are amended and the

6

section is amended by adding definitions to read:

7

§ 9792.  Definitions.

8

The following words and phrases when used in this subchapter

9

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

10

context clearly indicates otherwise:

11

* * *

12

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

13

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

14

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

15

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

16

financially compensated, volunteered, pursuant to a contract or

17

for the purpose of government or educational benefit.

18

* * *

19

"Offender."  An individual required to register under section

20

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

21

under former section 9793 (relating to registration of certain

22

offenders for ten years). The term includes an individual

23

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

24

to registration procedures and applicability).

25

"Passive notification."  Notification pursuant to section

26

9798.1 (relating to information made available on the Internet

27

and electronic notification) or any process whereby persons,

28

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

29

territories or possessions, another state, the District of

30

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

- 6 -

 


1

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

2

result of the individual having been convicted or sentenced by a

3

court for an offense similar to an offense listed in section

4

9795.1 (relating to registration)] under a sex offender

5

registration law in that jurisdiction. The term includes a

6

situation in which an individual is required to register under a

7

sex offender registration law in the jurisdiction where

8

convicted, sentenced, court martialed or adjudicated as a

9

juvenile and where access to that registration information is

10

limited to law enforcement only.

11

* * *

12

"Registration information."  Information required under this

13

subchapter to be provided to the Pennsylvania State Police by an

14

offender or a sexually violent predator.

15

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

16

domiciled or intends to be domiciled for 30 [consecutive] 

17

cumulative days or more during a calendar year.

18

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

19

(1)  This subchapter.

20

(2)  A law in another jurisdiction which requires an

21

individual to register with a sex offender registry following

22

conviction or adjudication.

23

* * *

24

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

25

of a sexually violent offense as set forth in section 9795.1

26

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

27

sexually violent predator under section 9795.4 (relating to

28

assessments) due to a mental abnormality or personality disorder

29

that makes the person likely to engage in predatory sexually

30

violent offenses. The term includes:

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1

(1)  an individual determined to be a sexually violent

2

predator where the determination occurred in the United

3

States or one of its territories or possessions, another

4

state, the District of Columbia, the Commonwealth of Puerto

5

Rico, a foreign nation or by court martial; and

6

(2)  an individual considered to be a sexually violent

7

predator under section 9795.2(b) (relating to registration

8

procedures and applicability).

9

* * *

10

Section 5.  Section 9795.1(a) introductory paragraph of Title

11

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

12

and the section is amended by adding a subsection to read:

13

§ 9795.1.  Registration.

14

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

15

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

16

required to register with the Pennsylvania State Police for a

17

period of ten years:

18

* * *

19

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

20

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

21

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

22

procedures and applicability) shall be required to register with

23

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

24

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

25

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

26

be subject to lifetime registration:

27

* * *

28

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

29

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

30

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

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1

* * *

2

Section 6.  Section 9795.2(a)(1), (2) introductory paragraph,

3

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

4

paragraph and (5) introductory paragraph, (c)(1), (d) and (e) of

5

Title 42 are amended and subsection (a)(2) is amended by adding

6

subparagraphs to read:

7

§ 9795.2.  Registration procedures and applicability.

8

(a)  Registration.--

9

(1)  Offenders and sexually violent predators shall be

10

required to register with the Pennsylvania State Police upon

11

release from incarceration, upon parole from a Federal, State

12

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

13

facility or upon the commencement of a sentence of

14

intermediate punishment or probation or any other sentence of

15

nonconfinement. For purposes of registration, offenders and

16

sexually violent predators shall provide the Pennsylvania

17

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

18

information concerning current or intended employment [and]; 

19

all information concerning current or intended enrollment as

20

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

21

by, or registered to, the offender or sexually violent

22

predator.

23

(2)  For purposes of this paragraph, offenders and

24

sexually violent predators shall appear at an approved

25

registration site to complete the form designated by the

26

Pennsylvania State Police to be used for purposes of

27

complying with this subchapter. In the case of an offender

28

entering or being released or transferred from a residential

29

reentry or correctional facility, the administrator of the

30

facility or his designee shall assist in completing the forms

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1

designated by the Pennsylvania State Police to be used for

2

purposes of complying with this subchapter and, immediately

3

upon collection, forward all the forms to the Pennsylvania

4

State Police. Offenders and sexually violent predators shall

5

inform the Pennsylvania State Police within 48 hours of:

6

(i)  Any establishment or change of residence or

7

establishment of an additional residence or residences.

8

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

9

employer or employment location for a period of time that

10

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

11

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

12

days during any calendar year, or termination of

13

employment.

14

* * *

15

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

16

the person has not previously provided that information

17

to the Pennsylvania State Police.

18

(v)  Entering, being released or transferred from a

19

Federal, State, county, municipal or private correctional

20

facility, including a residential reentry facility, due

21

to arrest, detainer, parole violation, probation

22

violation or sentence of incarceration, if the person's

23

stay exceeds 48 hours.

24

(vi)  No longer residing, being domiciled, employed

25

or being enrolled as a student in this Commonwealth.

26

(2.1)  Registration with a new law enforcement agency

27

shall occur no later than 48 hours after establishing

28

residence in another state or after moving to another state

29

but not establishing a residence there.

30

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

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1

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

2

be tolled when an offender is [recommitted for a parole

3

violation or sentenced to an additional term of imprisonment] 

4

incarcerated, and all time spent in incarceration shall not

5

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

6

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

7

county, municipal or private correctional facility shall

8

notify the Pennsylvania State Police of the admission,

9

release and transfer of the offender.

10

(4)  This paragraph shall apply to all offenders and

11

sexually violent predators:

12

(i)  Where the offender or sexually violent predator

13

was granted parole by the Pennsylvania Board of Probation

14

and Parole or the court or is sentenced to probation

15

[or], intermediate punishment or a punishment not

16

involving confinement, the board or county office of

17

probation and parole shall collect registration

18

information from the offender or sexually violent

19

predator and forward that registration information to the

20

Pennsylvania State Police. [The Department of Corrections

21

or county] If an offender or a sexually violent predator

22

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

23

private correctional facility, including a residential

24

reentry facility, the correctional facility shall not

25

release nor transfer the offender or sexually violent

26

predator until it receives verification from the

27

Pennsylvania State Police that [it has received] the

28

registration information has been received. Verification

29

by the Pennsylvania State Police may occur by electronic

30

means, including e-mail or facsimile transmission. Where

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1

the offender or sexually violent predator is scheduled to

2

be released from a [State correctional facility or

3

county] correctional facility because of the expiration

4

of the maximum term of incarceration, the [Department of

5

Corrections or county] correctional facility shall

6

collect the information from the offender or sexually

7

violent predator no later than ten days prior to the

8

maximum expiration date. The registration information

9

shall, immediately upon collection, be forwarded to the

10

Pennsylvania State Police.

11

* * *

12

(b)  Individuals convicted or sentenced by a court or

13

adjudicated delinquent in jurisdictions outside this

14

Commonwealth or sentenced by court martial.--

15

(4)  An individual who [resides, is employed or is a

16

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

17

intends to be a student, resides or enters this Commonwealth

18

with the purpose of establishing a residence in this

19

Commonwealth and who has been convicted of or sentenced by a

20

court or court martialed for a sexually violent offense or a

21

similar offense under the laws of the United States or one of

22

its territories or possessions, another state, the District

23

of Columbia, the Commonwealth of Puerto Rico or a foreign

24

nation, or who was required to register under a sexual

25

offender statute in the jurisdiction where convicted,

26

sentenced or court martialed, shall register at an approved

27

registration site within 48 hours of the individual's arrival

28

in this Commonwealth. The provisions of this subchapter shall

29

apply to the individual as follows:

30

* * *

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1

(5)  Notwithstanding the provisions of Chapter 63

2

(relating to juvenile matters) and except as provided in

3

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

4

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

5

intends to be a student, resides or enters this Commonwealth

6

with the purpose of establishing a residence in this

7

Commonwealth and who is required to register as a sex

8

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

9

territories or possessions, another state, the District of

10

Columbia, the Commonwealth of Puerto Rico or a foreign nation

11

as a result of a juvenile adjudication shall register at an

12

approved registration site within 48 hours of the

13

individual's arrival in this Commonwealth. The provisions of

14

this subchapter shall apply to the individual as follows:

15

* * *

16

(c)  Registration information to local police.--

17

(1)  The Pennsylvania State Police shall provide the

18

information obtained under this section and sections [9795.3] 

19

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

20

(relating to verification of [residence] registration

21

information) to the chief law enforcement officers of the

22

police departments of the municipalities in which the

23

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

24

In addition, the Pennsylvania State Police shall provide this

25

officer with the address at which the individual will reside,

26

be employed or enrolled as a student following his release

27

from incarceration, parole or probation.

28

* * *

29

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

30

former section 9793 (relating to registration of certain

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1

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

2

who fails to register or verify or update registration

3

information with the Pennsylvania State Police as required by

4

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

5

4915 (relating to failure to comply with registration of sexual

6

offenders requirements).

7

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

8

9795.1] this subchapter shall register and submit to

9

fingerprinting and photographing as required by this subchapter

10

at approved registration sites.

11

Section 7.  Sections 9795.3 and 9796 heading, (a), (b) and

12

(e) and 9798(a)(1) of Title 42 are amended to read:

13

§ 9795.3.  Sentencing court information.

14

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

15

inform offenders and sexually violent predators at the time of

16

sentencing of the provisions of this subchapter. The court

17

shall:

18

(1)  Specifically inform the offender or sexually violent

19

predator of the duty to register and provide the information

20

required for each registration, including verification as

21

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

22

[residence)] registration information).

23

(2)  Specifically inform the offender or sexually violent

24

predator of the duty to inform the Pennsylvania State Police

25

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

26

violent predator changes or establishes a residence or

27

establishes an additional residence or residences, changes

28

employer or employment location for a period of time that

29

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

30

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

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1

days during any calendar year or terminates employment or

2

changes institution or location at which the person is

3

enrolled as a student or terminates enrollment.

4

(2.1)  Specifically inform the offender or sexually

5

violent predator of the duty to inform the Pennsylvania State

6

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

7

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

8

violent predator has not previously provided that information

9

to the Pennsylvania State Police.

10

(3)  Specifically inform the offender or sexually violent

11

predator of the duty to register with a new law enforcement

12

agency if the offender or sexually violent predator moves to

13

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

14

establishing residence in another state.

15

(4)  Order the fingerprints and photograph of the

16

offender or sexually violent predator to be provided to the

17

Pennsylvania State Police upon sentencing.

18

(5)  Specifically inform the offender or sexually violent

19

predator of the duty to register with the appropriate

20

authorities in any state in which the offender or sexually

21

violent predator is employed, carries on a vocation or is a

22

student if the state requires such registration.

23

(6)  Require the offender or sexually violent predator to

24

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

25

this subchapter has been explained. Where the offender or

26

sexually violent predator is incapable of reading, the court

27

shall certify the duty to register was explained to the

28

offender or sexually violent predator and the offender or

29

sexually violent predator indicated an understanding of the

30

duty.

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1

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

2

provide a sexually violent predator or offender with information

3

under this section shall not relieve that predator or offender

4

from the requirements of this subchapter.

5

§ 9796.  Verification of [residence] registration information.

6

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

7

The Pennsylvania State Police shall verify the [residence] 

8

registration information and compliance with counseling as

9

provided for in section 9799.4 (relating to counseling of

10

sexually violent predators) of sexually violent predators every

11

90 days through the use of a nonforwardable verification form to

12

the last reported residence. For the period of registration

13

required by section 9795.1 (relating to registration), a

14

sexually violent predator shall appear quarterly between January

15

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

16

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

17

registration site to complete a verification form and to be

18

photographed.

19

* * *

20

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

21

State Police shall verify the [residence] registration

22

information of offenders. For the period of registration

23

required by section 9795.1, an offender shall appear within ten

24

days before each annual anniversary date of the offender's

25

initial registration under former section 9793 (relating to

26

registration of certain offenders for ten years) or section

27

9795.1 at an approved registration site to complete a

28

verification form and to be photographed.

29

* * *

30

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

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1

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

2

verify his [residence] registration information or to be

3

photographed as required by this section may be subject to

4

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

5

comply with registration of sexual offenders requirements).

6

* * *

7

§ 9798.  Other notification.

8

(a)  Notice by municipality's chief law enforcement

9

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

10

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

11

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

12

police department of the municipality where a sexually violent

13

predator lives shall be responsible for providing written notice

14

as required under this section.

15

(1)  The notice shall contain:

16

(i)  The name of the convicted sexually violent

17

predator.

18

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

19

sexually violent predator resides.

20

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

21

which the sexually violent predator is employed.

22

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

23

violent predator was convicted, sentenced by a court,

24

adjudicated delinquent or court martialed.

25

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

26

predator has been determined by court order to be a

27

sexually violent predator, which determination has or has

28

not been terminated as of a date certain.

29

(v)  A photograph of the sexually violent predator,

30

if available.

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1

* * *

2

Section 8.  Section 9798.1 heading, (a) and (c)(1) of Title

3

42 are amended, subsection (c) is amended by adding a paragraph

4

and the section is amended by adding a subsection to read:

5

§ 9798.1.  Information made available on the Internet and

6

electronic notification.

7

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

8

finding of the General Assembly that public safety will be

9

enhanced by making information about sexually violent predators,

10

lifetime registrants and other sex offenders available to the

11

public through the Internet and electronic notification.

12

Knowledge of whether a person is a sexually violent predator,

13

lifetime registrant or other sex offender could be a significant

14

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

15

in care of a group or community organization, from recidivist

16

acts by sexually violent predators, lifetime registrants and

17

other sex offenders. The technology afforded by the Internet and

18

other electronic notification would make this information

19

readily accessible to parents and private entities, enabling

20

them to undertake appropriate remedial precautions to prevent or

21

avoid placing potential victims at risk. Public access to

22

information about sexually violent predators, lifetime

23

registrants and other sex offenders is intended solely as a

24

means of public protection and shall not be construed as

25

punitive.

26

* * *

27

(c)  Information permitted to be disclosed regarding

28

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

29

criminal history record information), the Internet website shall

30

contain the following information on each individual:

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1

(1)  For sexually violent predators, the following

2

information shall be posted on the Internet website:

3

* * *

4

(vi)  [a photograph] multiple frontal view color

5

photographs of the offender, which shall be updated not

6

less than annually, the specific date each photograph was

7

taken and, for comparative purposes, the most current and

8

the most recent previously posted frontal photographs

9

taken of the offender;

10

* * *

11

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

12

annual registration information verification or a sexually

13

violent predator fails to appear for his required quarterly

14

registration information verification, the Internet website

15

shall include:

16

(i)  A statement prominently displayed on the

17

offender or sexually violent predator's Internet website

18

listing indicating that the offender or predator is not

19

current with the registration information verification

20

requirements of this chapter.

21

(ii)  If applicable, a prominent notice indicating

22

that the offender or sexually violent predator has

23

absconded.

24

* * *

25

(e)  Electronic notification option.--Notwithstanding 18

26

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

27

information), the Pennsylvania State Police shall develop and

28

implement a process which allows members of the public to

29

receive electronic notification when any registered offender

30

moves into or out of a user-designated location.

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1

Section 9.  Section 9799(1) of Title 42 is amended to read:

2

§ 9799.  Immunity for good faith conduct.

3

The following entities shall be immune from liability for

4

good faith conduct under this subchapter:

5

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

6

enforcement agencies, and agents and employees of the

7

Pennsylvania State Police and local law enforcement agencies.

8

* * *

9

Section 10.  Section 9799.1 heading, (2) and (4) of Title 42

10

are amended and the section is amended by adding paragraphs to

11

read:

12

§ 9799.1.  [Duties of] Pennsylvania State Police.

13

The Pennsylvania State Police shall:

14

* * *

15

(2)  In consultation with the Department of Corrections,

16

the Office of Attorney General, the Pennsylvania Board of

17

Probation and Parole and the chairman and the minority

18

chairman of the Judiciary Committee of the Senate and the

19

chairman and the minority chairman of the Judiciary Committee

20

of the House of Representatives, promulgate guidelines

21

necessary for the general administration of this subchapter.

22

These guidelines shall establish procedures to allow an

23

individual subject to the requirements of sections 9795.1

24

(relating to registration) and 9796 (relating to verification

25

of [residence] registration information) to fulfill these

26

requirements at approved registration sites throughout this

27

Commonwealth. The Pennsylvania State Police shall publish a

28

list of approved registration sites in the Pennsylvania

29

Bulletin and provide a list of approved registration sites in

30

any notices sent to individuals required to register under

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1

section 9795.1. An approved registration site shall be

2

capable of submitting fingerprints, photographs and any other

3

information required electronically to the Pennsylvania State

4

Police. The Pennsylvania State Police shall require that

5

approved registration sites submit fingerprints utilizing the

6

Integrated Automated Fingerprint Identification System or in

7

another manner and in such form as the Pennsylvania State

8

Police shall require. The Pennsylvania State Police shall

9

require that approved registration sites submit photographs

10

utilizing the Commonwealth Photo Imaging Network or in

11

another manner and in such form as the Pennsylvania State

12

Police shall require. Approved registration sites shall not

13

be limited to sites managed by the Pennsylvania State Police

14

and shall include sites managed by local law enforcement

15

agencies that meet the criteria for approved registration

16

sites set forth in this paragraph.

17

* * *

18

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

19

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

20

the chief law enforcement officers of the police departments

21

having primary jurisdiction of the municipalities in which an

22

offender or sexually violent predator resides, is employed or

23

enrolled as a student of the fact that the offender or

24

sexually violent predator has been registered with the

25

Pennsylvania State Police pursuant to sections 9795.2

26

(relating to registration procedures and applicability) and

27

9796 (relating to verification of [residence] registration

28

information).

29

* * *

30

(7)  The Pennsylvania State Police shall have standing

- 21 -

 


1

and shall be a party in any of the following:

2

(i)  A proceeding brought by an individual registered

3

under former section 9793 (relating to registration of

4

certain offenders for ten years) or section 9795.1 to be

5

removed from, or contesting their inclusion in, the State

6

registry of sexual offenders and sexually violent

7

predators.

8

(ii)  A proceeding to modify a court order concerning

9

the terms of an individual's registration under former

10

section 9793 or section 9795.1.

11

(8)  The Pennsylvania State Police may certify and send

12

to an authorized user, by electronic transmission or

13

otherwise, a certification of record or abstract of records

14

maintained by the Pennsylvania State Police regarding the

15

registration of an offender under this subchapter.

16

Permissible uses shall include certifications of an offenders

17

initial registration and verification history and history of

18

nonregistration or nonverification. The Pennsylvania State

19

Police may also certify electronically any documents

20

certified to it electronically. Authorized users shall

21

include State and local police, district attorneys, agents

22

and employees of the Pennsylvania State Police and the Office

23

of Attorney General and other persons or entities determined

24

by the Pennsylvania State Police and listed by notice in the

25

Pennsylvania Bulletin. In any proceeding before the courts or

26

administrative bodies of this Commonwealth, documents

27

certified by the Pennsylvania State Police under this section

28

and offered into evidence by an authorized user shall be

29

admissible into evidence.

30

Section 11.  Sections 9799.4 and 9799.9 of Title 42 are

- 22 -

 


1

amended to read:

2

§ 9799.4.  Counseling of sexually violent predators.

3

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

4

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

5

sexually violent predator shall be required to attend at least

6

monthly counseling sessions in a program approved by the board

7

and be financially responsible for all fees assessed from such

8

counseling sessions. The board shall monitor the compliance of

9

the sexually violent predator.

10

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

11

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

12

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

13

counseling sessions, that person shall still attend the

14

counseling sessions and the [parole office] Pennsylvania Board 

15

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

16

may create a standard petition for indigence for use by sexually

17

violent predators and the Pennsylvania Board of Probation and

18

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

19

determinations shall be waived. Upon request of the Pennsylvania

20

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

21

indigence status shall be reviewed by the court and a

22

determination shall be made by the court whether the individual

23

will remain eligible for funded counseling sessions.

24

§ 9799.9.  Photographs and fingerprinting.

25

An individual subject to former section 9793 (relating to

26

registration of certain offenders for ten years) or section

27

9795.1 (relating to registration) shall submit to fingerprinting

28

and photographing as required by this subchapter at approved

29

registration sites. Fingerprinting as required by this

30

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

- 23 -

 


1

of fingerprints. Photographing as required by this subchapter

2

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

3

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

4

the individual. Fingerprints and photographs obtained under this

5

subchapter may be maintained for use under this subchapter and

6

for general law enforcement purposes.

7

Section 12.  This act shall apply to the following:

8

(1)  All individuals required to register under 42

9

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

10

this section.

11

(2)  All individuals required to register under 42

12

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

13

the effective date of this section and whose registration has

14

not expired prior to the effective date of this section.

15

Section 13.  This act shall take effect as follows:

16

(1)  The amendment or addition of 18 Pa.C.S. §§ 4501 and

17

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

18

and (4) and (c)(2), (3), (4) and (5) shall take effect in 60

19

days.

20

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

21

heading, (a) and (c)(3) shall take effect in 180 days.

22

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

23

take effect in one year.

24

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

25

effect July 1, 2011, or immediately, whichever is later.

26

(5)  The remainder of this act shall take effect

27

immediately.

- 24 -