HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW, PILEGGI, WILLIAMS AND FARNESE, MARCH 11, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 25, 2011   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in juvenile matters,

providing for disposition information; in registration of

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sexual offenders, further providing for legislative findings

and declaration of policy, for definitions, for registration,

for registration procedures and applicability, for sentencing

court information, for verification of residence, for victim

notification, for other notification, for information made

available on the Internet and for duties of Pennsylvania

State Police; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6352 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 6352.  Disposition of delinquent child.

* * *

(c)  Required statement of reasons.--Prior to entering an

order of disposition under subsection (a), the court shall state

the reasons for its disposition on the record in open court,

together with the goals, terms and conditions of that

disposition. If the child is to be committed to out-of-home

placement, the court shall also state the name of the specific

facility, or type of facility, to which the child will be

committed and the reasons why commitment to that facility, or

type of facility, was determined to be the least restrictive

placement that is consistent with the protection of the public

interest and best suited to the child's treatment, supervision,

rehabilitation and welfare.

Section 2.  This act shall take effect in 60 days.

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Section 2.  Section 9791 of Title 42 is amended to read:

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§ 9791.  Legislative findings and declaration of policy.

(a)  Legislative findings.--It is hereby determined and

declared as a matter of legislative finding:

(1)  If the public is provided adequate notice and

information about sexually violent predators and certain

other offenders, including those sexually violent predators

and offenders who do not have a fixed place of habitation or

abode, the community can develop constructive plans to

prepare themselves and their children for the offender's

release. This allows communities to meet with law enforcement

to prepare and obtain information about the rights and

responsibilities of the community and to provide education

and counseling to their children.

(2)  These sexually violent predators pose a high risk of

engaging in further offenses even after being released from

incarceration or commitments and that protection of the

public from this type of offender is a paramount governmental

interest.

(3)  The penal and mental health components of our

justice system are largely hidden from public view and lack

of information from either may result in failure of both

systems to meet this paramount concern of public safety.

(4)  Overly restrictive confidentiality and liability

laws governing the release of information about sexually

violent predators have reduced the willingness to release

information that could be appropriately released under the

public disclosure laws and have increased risks to public

safety.

(5)  Persons found to have committed such an offense have

a reduced expectation of privacy because of the public's

interest in public safety and in the effective operation of

government.

(6)  Release of information about sexually violent

predators to public agencies and the general public will

further the governmental interests of public safety and

public scrutiny of the criminal and mental health systems so

long as the information released is rationally related to the

furtherance of those goals.

[(b)  Declaration of policy.--It is hereby declared to be the

intention of the General Assembly to protect the safety and

general welfare of the people of this Commonwealth by providing

for registration and community notification regarding sexually

violent predators who are about to be released from custody and

will live in or near their neighborhood. It is further declared

to be the policy of this Commonwealth to require the exchange of

relevant information about sexually violent predators among

public agencies and officials and to authorize the release of

necessary and relevant information about sexually violent

predators to members of the general public as a means of

assuring public protection and shall not be construed as

punitive.]

(b)  Declaration of policy.--It is hereby declared to be the

intention of the General Assembly to:

(1)  Protect the safety and general welfare of the people

of this Commonwealth by providing for registration and

community notification regarding sexually violent predators

who are about to be released from custody and will live in or

near their neighborhood.

(2)  Require the exchange of relevant information about

sexually violent predators among public agencies and

officials and to authorize the release of necessary and

relevant information about sexually violent predators to

members of the general public as a means of assuring public

protection and shall not be construed as punitive.

(3)  Address the Superior Court's opinion in the case of

Commonwealth v. Wilgus, 975 A.2d 1183 (2009) by requiring

offenders and sexually violent predators without a fixed

place of habitation or abode to register under this

subchapter.

Section 3.  The definitions of "passive notification" and

"residence" in section 9792 of Title 42 are amended 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:

* * *

"Passive notification."  Notification pursuant to section

9798.1 (relating to information made available on the Internet

and electronic notification) or any process whereby persons,

pursuant to 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,

are able to access information pertaining to an individual as a

result of the individual having been convicted or sentenced by a

court for an offense similar to an offense listed in section

9795.1 (relating to registration).

* * *

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

domiciled or intends to be domiciled for 30 consecutive days or

more during a calendar year.] With respect to an individual

required to register under this subchapter, any of the

following:

(1)  A location where an individual resides or is

domiciled or intends to be domiciled for 30 consecutive days

or more during a calendar year.

(2)  In the case of an individual who fails to establish

a residence as set forth in paragraph (1), a temporary

habitat or other temporary place of abode or dwelling,

including a homeless shelter or park, where the individual is

lodged.

* * *

Section 4.  Sections 9795.1(a) and (b), 9795.2(a)(2)(i), (b)

(4) introductory paragraph and (i) and (5) introductory

paragraph and (c)(1) and (3), 9795.3(2), (2.1) and (3) and

9795.5(a)(1) of Title 42 are amended to read:

§ 9795.1.  Registration.

(a)  Ten-year registration.--The following individuals shall

be required to register with the Pennsylvania State Police for a

period of ten years:

(1)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 2901 (relating to kidnapping) where the

victim is a minor.

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure).

18 Pa.C.S. § 3124.2 (relating to institutional sexual

assault).

18 Pa.C.S. § 3126 (relating to indecent assault)

where the offense is graded as a misdemeanor of the first

degree or higher.

18 Pa.C.S. § 4302 (relating to incest) where the

victim is 12 years of age or older but under 18 years of

age.

18 Pa.C.S. § 5902(b) (relating to prostitution and

related offenses) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

obscene and other sexual materials and performances)

where the victim is a minor.

18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

(2)  Individuals convicted of an attempt, conspiracy or

solicitation to commit any of the offenses under paragraph

(1) or subsection (b)(2).

(3)  Individuals [currently residing] who currently have

a residence in this Commonwealth who have been convicted of

offenses similar to the crimes cited in paragraphs (1) and

(2) 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

or under a former law of this Commonwealth.

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

be subject to lifetime registration:

(1)  An individual with two or more convictions of any of

the offenses set forth in subsection (a).

[(2)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 3121 (relating to rape).

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

sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 4302 (relating to incest) when the

victim is under 12 years of age.

(3)  Sexually violent predators.

(4)  Individuals currently residing in this Commonwealth

who have been convicted of offenses similar to the crimes

cited in paragraph (2) 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 or under a former law of this Commonwealth.]

(2)  Individuals convicted:

(i)  in this Commonwealth of the following offenses:

18 Pa.C.S. § 3121 (relating to rape).

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

sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 4302 (relating to incest) when the

victim is under 12 years of age.

(ii)  of offenses similar to the crimes cited in

paragraph (2)(i) 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 or under a former law of this

Commonwealth who currently reside in this Commonwealth.

(3)  Sexually violent predators.

* * *

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

* * *

(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. In the case of an

individual who has a residence as defined in paragraph

(2) of the definition of "residence" set forth in section

9792 (relating to definitions), the individual shall

inform the Pennsylvania State Police of the following:

(A)  the location of a temporary habitat or other

temporary place of abode or dwelling, including a

homeless shelter or park, where the individual is

lodged;

(B)  a list of places the individual eats,

frequents and engages in leisure activities and any

planned destinations, including those outside this

Commonwealth; and

(C)  the place the individual receives mail,

including a post office box.

The duty to provide the information set forth in this

subparagraph shall apply until the individual establishes

a residence as defined in paragraph (1) of the definition

of "residence" set forth in section 9792. If the

individual who has a residence as defined in paragraph

(2) of the definition of "residence" set forth in section

9792 changes or adds to the places listed in this

subparagraph during a 30-day period, the individual shall

list these when re-registering during the next 30-day

period.

* * *

(b)  Individuals convicted or sentenced by a court or

adjudicated delinquent in jurisdictions outside this

Commonwealth or sentenced by court martial.--

(4)  An individual who [resides] has a residence, is

employed or is a student in this Commonwealth and who has

been convicted of or sentenced by a court or court martialed

for a sexually violent offense or a similar 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, or who was

required to register under a sexual offender statute in the

jurisdiction where convicted, sentenced or court martialed,

shall register at an approved registration site within 48

hours of the individual's arrival in this Commonwealth. The

provisions of this subchapter shall apply to the individual

as follows:

(i)  If the individual has been classified as a

sexually violent predator as defined in section 9792

(relating to definitions) or determined under the laws of

the other jurisdiction or by reason of court martial to

be subject to active notification and lifetime

registration on the basis of a statutorily authorized

administrative or judicial decision or on the basis of a

statute or administrative rule requiring active

notification and lifetime registration based solely on

the offense for which the individual was convicted,

sentenced or court martialed, the individual shall,

notwithstanding section 9792, be considered a sexually

violent predator and subject to lifetime registration

pursuant to section 9795.1(b) (relating to registration).

The individual shall also be subject to the provisions of

this section and sections 9796 (relating to verification

of residence), 9798 (relating to other notification) and

9798.1(c)(1) (relating to information made available on

the Internet and electronic notification), except that

the individual shall not be required to receive

counseling unless required to do so by the other

jurisdiction or by reason of court martial.

* * *

(5)  Notwithstanding the provisions of Chapter 63

(relating to juvenile matters) and except as provided in

paragraph (4), an individual who [resides] has a residence,

is employed or is a student in this Commonwealth and who is

required to register as a sex offender 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 as a result of a juvenile

adjudication shall register at an approved registration site

within 48 hours of the individual's arrival in this

Commonwealth. The provisions of this subchapter shall apply

to the individual as follows:

* * *

(c)  Registration information to local police.--

(1)  The Pennsylvania State Police shall provide the

information obtained under this section and sections 9795.3

(relating to sentencing court information) and 9796 (relating

to verification of residence) to the chief law enforcement

officers of the police departments of the municipalities in

which the individual will [reside,] establish a residence or 

be employed or enrolled as a student. In addition, the

Pennsylvania State Police shall provide this officer with the

address at which the individual will [reside,] establish a

residence or be employed or enrolled as a student following

his release from incarceration, parole or probation.

* * *

(3)  The Pennsylvania State Police shall provide notice

to the chief law enforcement officers of the police

departments of the municipalities notified pursuant to

paragraph (1) when they are in receipt of information

indicating that the individual will no longer [reside] have a

residence, be employed or be enrolled as a student in the

municipality.

* * *

§ 9795.3.  Sentencing court information.

The sentencing court shall inform offenders and sexually

violent predators at the time of sentencing of the provisions of

this subchapter. The court shall:

* * *

(2)  Specifically inform the offender or sexually violent

predator of the duty to inform the Pennsylvania State Police

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

violent predator changes residence or establishes an

additional residence or residences, changes 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 terminates employment or

changes institution or location at which the person is

enrolled as a student or terminates enrollment. In order to

fulfill the requirements of this paragraph, the sentencing

court shall specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

Police of:

(i)  the location of a temporary habitat or other

temporary place of abode or dwelling, including a

homeless shelter or park, where the individual is lodged;

(ii)  the places the individual eats, frequents and

engages in leisure activities and any planned

destinations, including those outside this Commonwealth;

and

(iii)  the place the individual receives mail,

including a post office box,

if the individual fails to establish a residence as defined

in paragraph (1) of the definition of "residence" set forth

in section 9792.

(2.1)  Specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

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

enrolled as a student if the person has not previously

provided that information to the Pennsylvania State Police.

(3)  Specifically inform the offender or sexually violent

predator of the duty to register with a new law enforcement

agency if the offender or sexually violent predator moves to

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

establishing residence in another state.

* * *

§ 9795.5.  Exemption from certain notifications.

(a)  Lifetime registrants not classified as sexually violent

predators.--

(1)  An individual required to register under section

9795.1 (relating to registration) who is not a sexually

violent predator may petition the sentencing court to be

exempt from the application of section 9798.1 (relating to

information made available on the Internet and electronic

notification) provided no less than 20 years have passed

since the individual has been convicted in this or any other

jurisdiction of any offense punishable by imprisonment for

more than one year, or the individual's release from custody

following the individual's most recent conviction for any

such offense, whichever is later.

* * *

Section 5.  Section 9796(d) and (f) of Title 42 are amended

and the section is amended by adding subsections to read:

§ 9796.  Verification of residence.

* * *

(b.2)  Monthly verification by individuals with temporary

habitats located within this Commonwealth.--The Pennsylvania

State Police shall verify the residence of individuals required

to register under this subchapter who have a residence as

defined in paragraph (2) of the definition of "residence" set

forth in section 9792 (relating to definitions) every 30 days

through the use of a nonforwardable verification form to the

last reported location where the individual receives mail. The

individual shall appear every 30 days at an approved

registration site to complete a verification form and to be

photographed. The individual shall appear within 48 hours of the

date designated by the Pennsylvania State Police.

(b.3)  Facilitation of monthly verification.--The

Pennsylvania State Police shall facilitate and administer the

verification process required by subsection (b.2) by:

(1)  sending a notice by first class United States mail

to an individual required to register under this subchapter

who has a residence as defined in paragraph (2) of the

definition of "residence" set forth in section 9792 at the

last reported location where the individual receives mail.

This notice shall be sent not more than ten days nor less

than five days prior to each of the monthly verification

periods and shall remind the individual of the monthly

verification requirement and provide a list of approved

registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site.

* * *

(d)  Failure to provide verification.--Where an offender or

sexually violent predator fails to provide verification of

residence defined in paragraph (1) of the definition of

"residence" set forth in section 9792 within the ten-day period

or the 48-hour period in the case of an offender or sexually

violent predator who has a residence as defined in paragraph (2)

of the definition of "residence" set forth in section 9792, as

set forth in this section, the Pennsylvania State Police shall

immediately notify the municipal police department of the

offender's or the sexually violent predator's last verified

residence. The local municipal police shall locate the offender

or sexually violent predator and arrest him for violating this

section. The Pennsylvania State Police shall assume

responsibility for locating the offender or sexually violent

predator and arresting him in jurisdictions where no municipal

police jurisdiction exists. The Pennsylvania State Police shall

assist any municipal police department requesting assistance

with locating and arresting an offender or sexually violent

predator who fails to verify his residence.

* * *

(f)  Effect of notice.--Neither failure on the part of the

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

information under subsection (a.1) [or (b.1)], (b.1) or (b.3) 

shall relieve that predator or offender from the requirements of

this subchapter.

Section 6.  Sections 9797, 9798(a)(1)(ii) and (b), 9798.1 and

9799.1(2) and (4) of Title 42 are amended to read:

§ 9797.  Victim notification.

(a)  Duty to inform victim.--

(1)  Where the individual is determined to be a sexually

violent predator by a court under section 9795.4 (relating to

assessments), the local municipal police department or the

Pennsylvania State Police where no municipal police

jurisdiction exists shall give written notice to the sexually

violent predator's victim when the sexually violent predator

registers initially and when he notifies the Pennsylvania

State Police of any change of residence. [This] In the case

of a sexually violent predator who has a residence as defined

in paragraph (1) of the definition of "residence" set forth

in section 9792 (relating to definitions), notice shall be

given within 72 hours after the sexually violent predator

registers or notifies the Pennsylvania State Police of a

change of address. The notice shall contain the sexually

violent predator's name and the address or addresses where

[he resides.] the individual has a residence. In the case of

a sexually violent predator who has a residence as defined in

paragraph (2) of the definition of "residence" set forth in

section 9792, the notice shall contain the sexually violent

predator's name and the information set forth in section

9795.2(a)(2)(i)(A) and (B) (relating to registration

procedures and applicability). The notice shall be given to

the victim within 72 hours after the sexually violent

predator registers or notifies the Pennsylvania State Police

of a change of residence.

(2)  A victim may terminate the duty to inform set forth

in paragraph (1) by providing the local municipal police

department or the Pennsylvania State Police where no local

municipal police department exists with a written statement

releasing that agency from the duty to comply with this

section as it pertains to that victim.

(b)  Where an individual is not determined to be a sexually

violent predator.--Where an individual is not determined to be a

sexually violent predator by a court under section 9795.4, the

victim shall be notified in accordance with section 201 of the

act of November 24, 1998 (P.L.882, No.111), known as the Crime

Victims Act. This subsection includes the circumstance of an

offender having a residence as defined in paragraph (2) of the

definition of "residence" set forth in section 9792.

§ 9798.  Other notification.

(a)  Notice by municipality's chief law enforcement

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

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

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

police department of the municipality where a sexually violent

predator lives shall be responsible for providing written notice

as required under this section.

(1)  The notice shall contain:

* * *

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

the sexually violent predator has a residence. If,

however, the sexually violent predator has a residence as

defined in paragraph (2) of the definition of "residence"

set forth in section 9792 (relating to definitions), the

notice shall be limited to that set forth in section

9795.2(a)(2)(i)(C) (relating to registration procedures

and applicability).

* * *

(b)  To whom written notice is provided.--The chief law

enforcement officer shall provide written notice, under

subsection (a), to the following persons:

(1)  Neighbors of the sexually violent predator. As used

in this paragraph, where the sexually violent predator lives

in a common interest community, the term "neighbor" includes

the unit owners' association and residents of the common

interest community.

(2)  The director of the county children and youth

service agency of the county where the sexually violent

predator [resides] has a residence.

(3)  The superintendent of each school district and the

equivalent official for private and parochial schools

enrolling students up through grade 12 in the municipality

where the sexually violent predator [resides] has a

residence.

(3.1)  The superintendent of each school district and the

equivalent official for each private and parochial school

located within a one-mile radius of where the sexually

violent predator [resides] has a residence.

(4)  The licensee of each certified day care center and

licensed preschool program and owner/operator of each

registered family day care home in the municipality where the

sexually violent predator [resides] has a residence.

(5)  The president of each college, university and

community college located within 1,000 feet of a sexually

violent predator's residence.

* * *

§ 9798.1.  Information made available on the Internet and

electronic notification.

(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 and electronic notification.

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 and

electronic notification 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 and electronic

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

criminal history record information), develop, implement and

maintain a process which allows members of the public to

receive electronic notification when an individual required

to register under this subchapter moves into or out of a

user-designated location.

(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)  in the case of an individual who has a

residence as defined in paragraph (1) of the definition

of "residence" set forth in section 9792 (relating to

definitions), 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; and

(xiv)  in the case of an individual who has a

residence as defined in paragraph (2) of the definition

of "residence" set forth in section 9792, the information

listed in section 9795.2(a)(2)(i)(C) (relating to

registration procedures and applicability), including,

where applicable, the name of the prison or other place

of confinement.

(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).

§ 9799.1.  Duties of Pennsylvania State Police.

The Pennsylvania State Police shall:

* * *

(2)  In consultation with the Department of Corrections,

the Office of Attorney General, the Pennsylvania Board of

Probation and Parole and the chairman and the minority

chairman of the Judiciary Committee of the Senate and the

chairman and the minority chairman of the Judiciary Committee

of the House of Representatives, promulgate guidelines

necessary for the general administration of this subchapter.

These guidelines shall establish procedures to allow an

individual subject to the requirements of sections 9795.1

(relating to registration) and 9796 (relating to verification

of residence) to fulfill these requirements at approved

registration sites throughout this Commonwealth. This

paragraph includes the duty to establish procedures to allow

an individual who has a residence as defined in paragraph (2)

of the definition of "residence" set forth in section 9792

(relating to definitions) to fulfill the requirements

regarding registration at approved registration sites

throughout this Commonwealth. The Pennsylvania State Police

shall publish a list of approved registration sites in the

Pennsylvania Bulletin and provide a list of approved

registration sites in any notices sent to individuals

required to register under section 9795.1. An approved

registration site shall be capable of submitting

fingerprints, photographs and any other information required

electronically to the Pennsylvania State Police. The

Pennsylvania State Police shall require that approved

registration sites submit fingerprints utilizing the

Integrated Automated Fingerprint Identification System or in

another manner and in such form as the Pennsylvania State

Police shall require. The Pennsylvania State Police shall

require that approved registration sites submit photographs

utilizing the Commonwealth Photo Imaging Network or in

another manner and in such form as the Pennsylvania State

Police shall require. Approved registration sites shall not

be limited to sites managed by the Pennsylvania State Police

and shall include sites managed by local law enforcement

agencies that meet the criteria for approved registration

sites set forth in this paragraph.

* * *

(4)  Notify, within five days of receiving the offender's

or the sexually violent predator's registration, the chief

law enforcement officers of the police departments having

primary jurisdiction of the municipalities in which an

offender or sexually violent predator [resides] has a

residence, is employed or enrolled as a student of the fact

that the offender or sexually violent predator has been

registered with the Pennsylvania State Police pursuant to

sections 9795.2 (relating to registration procedures and

applicability) and 9796 (relating to verification of

residence).

* * *

Section 7.  This act shall apply as follows:

(1)  The following provisions shall apply to individuals

incarcerated on or after the effective date of this section:

(i)  The amendment of 42 Pa.C.S. § 9791.

(ii)  The amendment of the definition of "residence"

in 42 Pa.C.S. § 9792.

(iii)  The amendment of 42 Pa.C.S. § 9795.1(a) and

(b).

(iv)  The amendment of 42 Pa.C.S. § 9795.2(a)(2)(i),

(b)(4) introductory paragraph and (i) and (5)

introductory paragraph and (c)(1) and (3).

(v)  The amendment of 42 Pa.C.S. § 9795.3(2), (2.1)

and (3).

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

9796(b.2), (b.3), (d) and (f).

(vii)  The amendment of 42 Pa.C.S. § 9797.

(viii)  The amendment of 42 Pa.C.S. § 9798(a)(1)(ii)

and (b).

(ix)  The amendment of 42 Pa.C.S. § 9798.1.

(x)  The amendment of 42 Pa.C.S. § 9799.1(2) and (4).

(2)  This act shall not affect the requirements for

individuals registered pursuant to 42 Pa.C.S. Ch. 97 Subch. H

prior to the effective date of this section.

Section 8.  This act shall take effect as follows:

(1)  The following provisions shall take effect

immediately:

(i)  This section.

(ii)  The amendment of 42 Pa.C.S. § 9791.

(iii)  The amendment of 42 Pa.C.S. § 9795.1(a) and

(b).

(iv)  The amendment of 42 Pa.C.S. § 9798.1(a) and

(b)(7).

(v)  The amendment of 42 Pa.C.S. § 9799.1(2).

(2)  The remainder of this act shall take effect in 60

days.