THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, WARD, ALLOWAY, FONTANA, BROWNE, BOSCOLA, MENSCH, SCARNATI, FARNESE AND TARTAGLIONE, JUNE 28, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 14, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

Relations), 42 (Judiciary and Judicial Procedure), 44 (Law

and Justice) and 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, extensively revising provisions

relating to  the treatment, classification, sentencing and

registration of sexual offenders; further providing for

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obscene and other sexual materials and performances; and

making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2901, 2902, 2903, 3122.1, 3124.2,

3130(a) introductory paragraph and (1) and (b), 3141, 4302, 4915

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and 5902(c) and 4302 of Title 18 of the Pennsylvania

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Consolidated Statutes are amended to read:

§ 2901.  Kidnapping.

(a)  Offense defined.--[A] Except as provided for in

subsection (a.1), a person is guilty of kidnapping if he

unlawfully removes another a substantial distance under the

circumstances from the place where he is found, or if he

unlawfully confines another for a substantial period in a place

of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or

hostage.

(2)  To facilitate commission of any felony or flight

thereafter.

(3)  To inflict bodily injury on or to terrorize the

victim or another.

(4)  To interfere with the performance by public

officials of any governmental or political function.

(a.1)  Kidnapping of a minor.--A person is guilty of

kidnapping of a minor if he unlawfully removes a person under 18

years of age a substantial distance under the circumstances from

the place where he is found, or if he unlawfully confines

another for a substantial period in a place of isolation, with

any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or

hostage.

(2)  To facilitate commission of any felony or flight

thereafter.

(3)  To inflict bodily injury on or to terrorize the

victim or another.

(4)  To interfere with the performance by public

officials of any governmental or political function.

(b)  Grading.--Kidnapping [is a felony] and kidnapping of a

minor are both felonies of the first degree. A removal or

confinement is unlawful within the meaning of this section if it

is accomplished by force, threat or deception, or, in the case

of a person who is under the age of 14 years or an incapacitated

person, if it is accomplished without the consent of a parent,

guardian or other person responsible for general supervision of

his welfare.

§ 2902.  Unlawful restraint.

(a)  Offense defined.--[A person commits an offense] Except

as provided for under subsection (b), a person commits a

misdemeanor of the first degree if he knowingly:

(1)  restrains another unlawfully in circumstances

exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary

servitude.

[(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under subsection (a) is a misdemeanor of the first degree.

(2)  If the victim of the offense is an individual under

18 years of age, an offense under subsection (a) is a felony

of the second degree.]

(b)  Unlawful restraint of a minor.--If the victim is a

person under 18 years of age, a person who is not the victim's

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parent commits a felony of the second degree if he knowingly:

(1)  restrains another unlawfully in circumstances

exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary

servitude.

§ 2903.  False imprisonment.

(a)  Offense defined.--[A person commits an offense] Except

as provided for under subsection (b), a person commits a

misdemeanor of the second degree if he knowingly restrains

another unlawfully so as to interfere substantially with his

liberty.

[(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under subsection (a) is a misdemeanor of the second degree.

(2)  If the victim of the offense is an individual under

18 years of age, an offense under subsection (a) is a felony

of the second degree.]

(b)  False imprisonment of a minor.--If the victim is a

person under 18 years of age, a person who is not the victim's

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parent commits a felony of the second degree if he knowingly

restrains another unlawfully so as to interfere substantially

with his liberty.

§ 3122.1.  Statutory sexual assault.

(a)  Felony of the second degree.--Except as provided in

section 3121 (relating to rape), a person commits a felony of

the second degree when that person engages in sexual intercourse

with a complainant to whom the person is not married who is 

under the age of 16 years and that person is either:

(1)  four [or more] years older but not more than seven

years older than the complainant [and the complainant and the

person are not married to each other.]; or

(2)  eight years older but not more than ten years older

than the complainant.

(b)  Felony of the first degree.--A person commits a felony

of the first degree when that person engages in sexual

intercourse with a complainant under the age of 16 years and

that person is 11 or more years older than the complainant and

the complainant and the person are not married to each other.

§ 3124.2.  Institutional sexual assault.

(a)  General rule.--Except as provided under subsection (a.1)

and in sections 3121 (relating to rape), 3122.1 (relating to

statutory sexual assault), 3123 (relating to involuntary deviate

sexual intercourse), 3124.1 (relating to sexual assault) and

3125 (relating to aggravated indecent assault), a person who is

an employee or agent of the Department of Corrections or a

county correctional authority, youth development center, youth

forestry camp, State or county juvenile detention facility,

other licensed residential facility serving children and youth,

or mental health or mental retardation facility or institution

commits a felony of the third degree when that person engages in

sexual intercourse, deviate sexual intercourse or indecent

contact with an inmate, detainee, patient or resident.

(a.1)  Institutional sexual assault of a minor.--If the

inmate, detainee, patient or resident is a person under 18 years

of age, a person who is an employee or agent of the Department

of Corrections or a county correctional authority, youth

development center, youth forestry camp, State or county

juvenile detention facility, other licensed residential facility

serving children and youth or a mental health or a mental

retardation facility or institution commits a felony of the

third degree when that person engages in sexual intercourse,

deviate sexual intercourse or indecent contact with an inmate,

detainee, patient or resident.

(b)  Definition.--As used in this section, the term "agent"

means a person who is assigned to work in a State or county

correctional or juvenile detention facility, a youth development

center, youth forestry camp, other licensed residential facility

serving children and youth, or mental health or mental

retardation facility or institution who is employed by any State

or county agency or any person employed by an entity providing

contract services to the agency.

§ 3130.  Conduct relating to sex offenders.

(a)  Offense defined.--A person commits a felony of the third

degree if the person has reason to believe that a sex offender

is not complying with or has not complied with the requirements

of the sex offender's probation or parole, imposed by statute or

court order, or with the registration requirements of 42 Pa.C.S.

[§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H (relating to registration of

sexual offenders), and the person, with the intent to assist the

sex offender in eluding a law enforcement agent or agency that

is seeking to find the sex offender to question the sex offender

about, or to arrest the sex offender for, noncompliance with the

requirements of the sex offender's probation or parole or the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H:

(1)  withholds information from or does not notify the

law enforcement agent or agency about the sex offender's

noncompliance with the requirements of parole, the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if

known, the sex offender's whereabouts;

* * *

(b)  Definition.--As used in this section, the term "sex

offender" means a person who is required to register with the

Pennsylvania State Police pursuant to the provisions of 42

Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H.

§ 3141.  General rule.

A person:

(1)  convicted under section 3121 (relating to rape),

3122.1 (relating to statutory sexual assault), 3123 (relating

to involuntary deviate sexual intercourse), 3124.1 (relating

to sexual assault), 3125 (relating to aggravated indecent

assault) or 3126 (relating to indecent assault); or

(2)  required to register with the Pennsylvania State

Police under 42 Pa.C.S. [§ 9795.2 (relating to registration

procedures and applicability)] Ch. 97 Subch. H (relating to

registration of sexual offenders);

may be required to forfeit property rights in any property or

assets used to implement or facilitate commission of the crime

or crimes of which the person has been convicted. Such property

may include, but is not limited to, a computer or computers,

telephone equipment, firearms, licit or illicit prescription

drugs or controlled substances, a motor vehicle or such other

property or assets as determined by the court of common pleas to

have facilitated the person's criminal misconduct.

§ 4302.  Incest.

[A] (a)  General rule.--Except as provided for under

subsection (b), a person is guilty of incest, a felony of the

second degree, if that person knowingly marries or cohabits or

has sexual intercourse with an ancestor or descendant, a brother

or sister of the whole or half blood or an uncle, aunt, nephew

or niece of the whole blood. [The relationships referred to in

this section include blood relationships without regard to

legitimacy, and relationship of parent and child by adoption.]

(b)  Incest of a minor.--A person is guilty of incest of a

minor, a felony of the second degree, if that person knowingly

marries, cohabits with or has sexual intercourse with a

complainant who is an ancestor or descendant, a brother or

sister of the whole or half blood or an uncle, aunt, nephew or

niece of the whole blood and:

(1)  is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or

more years older than the complainant.

(c)  Relationships.--The relationships referred to in this

section include blood relationships without regard to

legitimacy, and relationship of parent and child by adoption.

§ 4915.  Failure to comply with registration of sexual offenders

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requirements.

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

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

registration) or an individual who is subject to registration

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H

(relating to registration of sexual offenders) commits an

offense if he knowingly fails to:

(1)  register with the Pennsylvania State Police or

report a change in registration information as required under

42 Pa.C.S. [§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H;

(2)  verify his address or registration information or be

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

to verification of residence)] Ch. 97 Subch. H; or

(3)  provide accurate information when registering [under

42 Pa.C.S. § 9795.2], reporting a change in registration or

verifying an address or registration information as required 

under 42 Pa.C.S. [§ 9796] Ch. 97 Subch. H.

(b)  Grading for Class 1 and Class 2 sexual offenders [who

must register for ten years].--

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

Class 1 sexual offender or Class 2 sexual offender subject to

registration under 42 Pa.C.S. [§ 9795.1(a)] Ch. 97 Subch. H who

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

of the third degree.

(3)  [An individual] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H who commits a violation of

subsection (a)(1) or (2) 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 degree.

(4)  [An individual] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H who violates subsection (a)(3)

commits a felony of the second degree.

(c)  Grading for Class 3 sexual offenders and sexually

violent predators [and others with lifetime registration].--

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

individual] a Class 3 sexual offender or sexually violent

predator subject to registration under 42 Pa.C.S. [§

9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who commits a

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

second degree.

(3)  [An individual] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who

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

previously been convicted of an offense under subsection (a)

(1) or (2) or a similar offense commits a felony of the first

degree.

(4)  [An individual] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who

violates subsection (a)(3) commits a felony of the first

degree.

(d)  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 pursuant to 42 Pa.C.S. [§ 9796(a.1) or (b.1)] Ch. 97

Subch. H shall be a defense to a prosecution commenced against

an individual arising from a violation of this section. The

provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.20

(relating to verification of registration information) are not

an element of an offense under this section.

(e)  Arrests for violation.--

(1)  A police officer shall have the same right of arrest

without a warrant as in a felony whenever the police officer

has probable cause to believe an individual has committed a

violation of this section regardless of whether the violation

occurred in the presence of the police officer.

(2)  An individual arrested for a violation of this

section shall be afforded a preliminary arraignment by the

proper issuing authority without unnecessary delay. In no

case may the individual be released from custody without

first having appeared before the issuing authority.

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

(i)  The individual must be fingerprinted and

photographed in the manner required by 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders).

(ii)  The [individual must provide the Pennsylvania

State Police with all current or intended residences, all

information concerning current or intended employment,

including all employment locations, and all information

concerning current or intended enrollment as a student.] 

following apply:

(A)  If an individual previously registered with

the Pennsylvania State Police, the individual shall

update registration information.

(B)  If an individual did not previously register

with the Pennsylvania State Police, the individual

shall register under 42 Pa.C.S. Ch. 97 Subch. H.

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

(f)  [Definition] Definitions.--As used in this section, [the

term "a similar offense" means an offense similar to an offense

under either subsection (a)(1) or (2) under the laws of this

Commonwealth, 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.] the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Class 1 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 1

out-of-State offender.

"Class 2 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 2

out-of-State offender.

"Class 3 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 3

out-of-State offender.

"Out-of-State offender."  As defined in 42 Pa.C.S. § 9799.12

(relating to definitions).

"Sexually violent predator."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions).

"Similar offense."  An offense similar to an offense under

either subsection (a)(1) or (2) under the laws of the United

States or one of its territories or possessions, another state,

the District of Columbia, a federally recognized Indian tribe or

a foreign nation.

Section 1.1.  Section 4501 of Title 18 is amended by adding

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definitions to read:

§ 4501.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this article which are applicable to specific

chapters or other provisions of this article, the following

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

the context clearly indicates otherwise, the meanings given to

them in this section:

* * *

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

(relating to definitions).

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

9792 (relating to definitions).

Section 1.2.  Section 4915(a) introductory paragraph, (2) and

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

amended by adding a paragraph and the section is amended by

adding a subsection to read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

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

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

registration) or [an individual who is subject to registration

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

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

registration of certain offenders for ten years) commits an

offense if he knowingly fails to:

* * *

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

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

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

(3)  provide accurate information when registering,

verifying or updating registration information under 42

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

9796; or

(4)  comply with any sexual offender counseling

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

counseling of sexually violent predators) as a result of

being designated a sexually violent predator or imposed under

a sex offender registration statute following conviction in

another jurisdiction.

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

without lifetime registration.--

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

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

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

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

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

the third degree.

(3)  An individual subject to registration under 42

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

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

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

or (2) 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 degree.

(4)  An individual subject to registration under 42

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

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

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

felony of the second degree.

(c)  Grading for sexually violent predators and others with

lifetime registration.--

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

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

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

to register as a sexually violent predator or as an offender

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

commits a felony of the second degree.

(3)  An individual subject to registration under 42

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

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

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

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

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

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

(4)  An individual subject to registration under 42

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

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

violent predator or as an offender for life, who violates

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

(5)  An individual subject to registration under 42

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

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

felony of the third degree.

* * *

(g)  Expiration.--This section shall expire one year after

the effective date of this subsection.

Section 1.3.  Title 18 is amended by adding a section to

read:

§ 4915.1.  Failure to comply with registration of sexual

offenders requirements.

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

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders) commits an offense if he

knowingly fails to:

(1)  register with the Pennsylvania State Police or

report a change in registration information as required under

42 Pa.C.S. Ch. 97 Subch. H;

(2)  verify his address or registration information or be

photographed as required under 42 Pa.C.S. Ch. 97 Subch. H; or

(3)  provide accurate information when registering,

reporting a change in registration or verifying an address or

registration information as required under 42 Pa.C.S. Ch. 97

Subch. H.

(b)  Grading for Class 1 and Class 2 sexual offenders.--

(1)  Except as set forth in paragraph (3), a Class 1

sexual offender or Class 2 sexual offender subject to

registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a

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

third degree.

(2)  A Class 1 sexual offender or Class 2 sexual offender

subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who

commits a violation of subsection (a)(1) or (2) 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 degree.

(3)  A Class 1 sexual offender or Class 2 sexual offender

subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who

violates subsection (a)(3) commits a felony of the second

degree.

(c)  Grading for Class 3 sexual offenders and sexually

violent predators.--

(1)  Except as set forth in paragraph (3), a Class 3

sexual offender or sexually violent predator subject to

registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a

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

second degree.

(2)  A Class 3 sexual offender or sexually violent

predator subject to registration under 42 Pa.C.S. Ch. 97

Subch. H who commits a violation of subsection (a)(1) or (2)

and who has previously been convicted of an offense under

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

felony of the first degree.

(3)  A Class 3 sexual offender or sexually violent

predator subject to registration under 42 Pa.C.S. Ch. 97

Subch. H who violates subsection (a)(3) commits a felony of

the first degree.

(d)  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 pursuant to 42 Pa.C.S. Ch. 97 Subch. H shall be a

defense to a prosecution commenced against an individual arising

from a violation of this section. The provisions of 42 Pa.C.S. §

9799.20 (relating to verification of registration information)

are not an element of an offense under this section.

(e)  Arrests for violation.--

(1)  A police officer shall have the same right of arrest

without a warrant as in a felony whenever the police officer

has probable cause to believe an individual has committed a

violation of this section regardless of whether the violation

occurred in the presence of the police officer.

(2)  An individual arrested for a violation of this

section shall be afforded a preliminary arraignment by the

proper issuing authority without unnecessary delay. In no

case may the individual be released from custody without

first having appeared before the issuing authority.

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

(i)  The individual must be fingerprinted and

photographed in the manner required by 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders).

(ii)  The following apply:

(A)  If an individual previously registered with

the Pennsylvania State Police, the individual shall

update registration information.

(B)  If an individual did not previously register

with the Pennsylvania State Police, the individual

shall register under 42 Pa.C.S. Ch. 97 Subch. H.

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

(f)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Class 1 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 1

out-of-State offender.

"Class 2 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 2

out-of-State offender.

"Class 3 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 3

out-of-State offender.

"Out-of-State offender."  As defined in 42 Pa.C.S. § 9799.12

(relating to definitions).

"Sexually violent predator."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions).

"Similar offense."  An offense similar to an offense under

either subsection (a)(1) or (2) under the laws of the United

States or one of its territories or possessions, another state,

the District of Columbia, a federally recognized Indian tribe or

a foreign nation.

Section 1.4.  Sections 5902(c) and 5903(a)(3), (4) and (5) of

Title 18 are amended to read:

§ 5902.  Prostitution and related offenses.

* * *

(c)  Grading of offenses under subsection (b).--

(1)  An offense under subsection (b) constitutes a felony

of the third degree if:

(i)  the offense falls within paragraphs (b)(1), (b)

(2) or (b)(3);

(ii)  the actor compels another to engage in or

promote prostitution;

(iii)  the actor promotes prostitution of a [child

under the age of 16 years] person under 18 years of age,

whether or not he is aware of the age of the child;

(iv)  the actor promotes prostitution of his spouse,

child, ward or any person for whose care, protection or

support he is responsible; or

(v)  the person knowingly promoted prostitution of

another who was HIV positive or infected with the AIDS

virus.

(2)  Otherwise the offense is a misdemeanor of the second

degree.

* * *

§ 5903.  Obscene and other sexual materials and performances.

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(a)  Offenses defined.--No person, knowing the obscene

character of the materials or performances involved, shall:

* * *

(3)  (i)  design, copy, draw, photograph, print, utter,

publish or in any manner manufacture or prepare any

obscene materials; or

(ii)  design, copy, draw, photograph, print, utter,

publish or in any manner manufacture or prepare any

obscene materials if the victim is a minor;

(4)  (i)  write, print, publish, utter or cause to be

written, printed, published or uttered any advertisement

or notice of any kind giving information, directly or

indirectly, stating or purporting to state where, how,

from whom, or by what means any obscene materials can be

purchased, obtained or had; or

(ii)  write, print, publish, utter or cause to be

written, printed, published or uttered any advertisement

or notice of any kind giving information, directly or

indirectly, stating or purporting to state where, how,

from whom or by what means any obscene materials can be

purchased, obtained or had if the victim is a minor;

(5)  (i)  produce, present or direct any obscene

performance or participate in a portion thereof that is

obscene or that contributes to its obscenity; or

(ii)  produce, present or direct any obscene

performance or participate in a portion thereof that is

obscene or that contributes to its obscenity if the

victim is a minor;

* * *

Section 2.  Section 6707(2)(ii) of Title 23 is amended to

read:

§ 6707.  Agency use of designated address.

State and local government agencies shall accept the

substitute address designated on a valid program participation

card issued to the program participant by the Office of Victim

Advocate as the program participant's address except as follows:

* * *

(2)  when the program participant is any of the

following:

* * *

(ii)  a convicted sexual offender who has fulfilled

the offender's sentence but must register the offender's

community residence as required under 42 Pa.C.S. [§§

9795.1 (relating to registration) and 9795.2 (relating to

registration procedures and applicability)] Ch. 97 Subch.

H (relating to registration of sexual offenders) or any

similar registration requirement imposed by any other

jurisdiction.

Section 2.1.  Sections 6358(a) and (b) and 6403(a)(2), (b)(3)

and (d) of Title 42 are amended to read:

§ 6358.  Assessment of delinquent children by the State Sexual

Offenders Assessment Board.

(a)  General rule.--A child who has been found to be

delinquent for an act of sexual violence which if committed by

an adult would be a violation of 18 Pa.C.S. § 3121 (relating to

rape), 3123 (relating to involuntary deviate sexual

intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest) who is committed

to an institution or other facility pursuant to section 6352

(relating to disposition of delinquent child) and who remains in

any such institution or facility upon attaining 20 years of age

shall be subject to an assessment by the board.

(b)  Duty of probation officer.--Ninety days prior to the

20th birthday of the child, the probation officer shall have the

duty to notify the board of the status of the delinquent child

and the institution or other facility where the child is

presently committed. The probation officer shall assist the

board in obtaining access to the child and any information

required by the board to perform the assessment, including, but

not limited to, the child's official court record and the

child's complete juvenile probation file.

* * *

§ 6403.  Court-ordered involuntary treatment.

(a)  Persons subject to involuntary treatment.--A person may

be subject to court-ordered commitment for involuntary treatment

under this chapter if the person:

* * *

(2)  Has been committed to an institution or other

facility pursuant to section 6352 (relating to disposition of

delinquent child) and remains in [the] any such institution

or [other] facility upon attaining 20 years of age.

* * *

(b)  Procedures for initiating court-ordered involuntary

commitment.--

* * *

(3)  The court shall set a date for the hearing which

shall be held within 30 days of the filing of the petition

pursuant to paragraph (1) and direct the person to appear for

the hearing. A copy of the petition and notice of the hearing

date shall be served on the person, the attorney who

represented the person at the most recent dispositional

review hearing pursuant to section 6358(e) and the county

solicitor or a designee and shall be provided to the director

of the facility operated by the department under section

6406(a) (relating to duty of Department of Public Welfare).

The person and the attorney who represented the person shall,

along with copies of the petition, also be provided with

written notice advising that the person has the right to

counsel and that, if he cannot afford one, counsel shall be

appointed for the person.

* * *

(d)  Determination and order.--Upon a finding by clear and

convincing evidence that the person has a mental abnormality or

personality disorder which results in serious difficulty in

controlling sexually violent behavior that makes the person

likely to engage in an act of sexual violence, an order shall be

entered directing the immediate commitment of the person for

[inpatient] involuntary inpatient treatment to a facility

designated by the department. The order shall be in writing and

shall be consistent with the protection of the public safety and

the appropriate control, care and treatment of the person. An

appeal shall not stay the execution of the order. If the court

does not order the person to be committed for involuntary

inpatient treatment by the department, the court shall order the

director of the facility operated by the department under

section 6406(a) to destroy the facility's copy of the petition

and the assessment.

Section 2.2.  Section 6404 heading, (b)(2) and (c) heading,

(1), (3) and (4) of Title 42 are amended, subsection (c) is

amended by adding paragraphs and the section is amended by

adding a subsection to read:  

§ 6404.  Duration of inpatient commitment and review.

* * *

(b)  Annual review.--

* * *

(2)  The court shall schedule a review hearing which

shall be conducted pursuant to section 6403(c) (relating to

court-ordered involuntary treatment) and which shall be held

no later than 30 days after receipt of both the evaluation

and the assessment under paragraph (1). Notice of the review

hearing shall be provided to the person, the attorney who

represented the person at the previous hearing held pursuant

to this subsection or section 6403, the district attorney and

the county solicitor or a designee. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person. If the court determines by clear and convincing

evidence that the person continues to have serious difficulty

controlling sexually violent behavior in an inpatient setting 

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while committed for inpatient treatment due to a mental

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abnormality or personality disorder that makes the person

likely to engage in an act of sexual violence, the court

shall order an additional period of involuntary inpatient 

treatment of one year; otherwise, the court shall order the

[discharge of] department, in consultation with the board, to

develop an outpatient treatment plan for the person. The

order shall be in writing and shall be consistent with the

protection of the public safety and appropriate control, care

and treatment of the person.

(c)  [Discharge] Outpatient treatment plan.--

(1)  If at any time the director or a designee of the

facility to which the person was committed concludes the

person no longer has serious difficulty in controlling

sexually violent behavior in an inpatient setting, the

director shall petition the court for a hearing. Notice of

the petition shall be given to the person, the attorney who

represented the person at the previous hearing held pursuant

to subsection (b) or section 6403, the board, the district

attorney and the county solicitor. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person.

* * *

(3)  Within 15 days after the receipt of the assessment

from the board, the court shall hold a hearing pursuant to

section 6403(c). If the court determines by clear and

convincing evidence that the person continues to have serious

difficulty controlling sexually violent behavior in an

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inpatient setting while committed for inpatient treatment due

<--

to a mental abnormality or personality disorder that makes

the person likely to engage in an act of sexual violence, the

court shall order that the person be subject to the remainder

of the period of inpatient commitment[. Otherwise,];

otherwise the court shall order the [discharge of] 

department, in consultation with the board, to develop an

outpatient treatment plan for the person.

(4)  The department shall provide the person with notice

of the person's right to petition the court for [discharge] 

transfer to involuntary outpatient treatment over the

objection of the department. The court, after review of the

petition, may schedule a hearing pursuant to section 6403(c).

(5)  An outpatient treatment plan shall be in writing and

shall identify the specific entity that will provide each

clinical and support service identified in the plan.

(6)  The department shall provide a copy of the

outpatient treatment plan to the court, the person, the

attorney who represented the person at the most recent

hearing under section 6403, the board, the district attorney

and the county solicitor or a designee.

(d)  Prohibition on discharge.--The court shall not order

discharge from involuntary treatment until the person has

completed involuntary outpatient treatment pursuant to section

6404.2 (relating to outpatient commitment and review).

Section 2.3.  Title 42 is amended by adding sections to read:

§ 6404.1.  Transfer to involuntary outpatient treatment.

The court may approve or disapprove an outpatient treatment

plan. Upon approval of an outpatient treatment plan, the court

shall order transfer of the person to involuntary outpatient

treatment under section 6404.2 (relating to outpatient

commitment and review).

§ 6404.2.  Outpatient commitment and review.

(a)  Terms and conditions.--If a court has ordered the

transfer of the person to involuntary outpatient treatment under

section 6404.1 (relating to transfer to involuntary outpatient

treatment), the court may in its discretion specify the terms

and conditions of the outpatient commitment, including:

(1)  Absolute compliance with the outpatient treatment

plan.

(2)  Restrictions and requirements regarding the location

of the person's residence and the times the person must be

physically present there.

(3)  Restrictions and requirements regarding areas the

person is not permitted to visit.

(4)  Restrictions and requirements regarding whom the

person may contact in any medium.

(5)  Periodic polygraph tests.

(b)  Duration.--The court shall order involuntary outpatient

treatment for a period of one year.

(c)  Status reports.--An involuntary outpatient treatment

provider shall submit a report on the person's status and

clinical progress, on a form prescribed by the department, to

the facility operated by the department under section 6406(a)

(relating to duty of Department of Public Welfare) not less than

every 30 days.

(d)  Failure to comply.--If an involuntary outpatient

treatment provider becomes aware that the person has violated

any provision of the treatment plan or any term or condition

specified under subsection (a), or the provider concludes that

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the person is having serious difficulty controlling sexually

violent behavior in an outpatient setting due to a mental

abnormality or personality disorder that makes the person likely

to engage in an act of sexual violence, the provider shall

immediately notify the facility operated by the department under 

section 6406(a). The facility shall notify the court by the

close of the next business day.

(e)  Revocation of transfer.--Upon receiving notice under 

subsection (d) that the person has violated a material term or

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condition of transfer specified under subsection (a), or that

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the person is having serious difficulty controlling sexually

violent behavior in an outpatient setting due to a mental

abnormality or personality disorder that makes the person likely

to engage in an act of sexual violence, the court may in its

<--

discretion shall revoke the transfer to involuntary outpatient

<--

treatment and order the immediate return to involuntary

inpatient treatment without a prior hearing. The court may issue

a warrant requiring any law enforcement officer or any person

authorized by the court to take the person into custody and

return him or her to involuntary inpatient treatment. The person

may file a written request for a hearing after revocation of the

transfer to involuntary treatment. The court shall conduct a

hearing under section 6403(c) (relating to court-ordered

involuntary treatment) within ten days of filing of the request.

(f)  Annual review and discharge.--

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(1)  Sixty days prior to the expiration of the one-year

outpatient commitment period, the director of the facility or

a designee shall submit an evaluation and the board shall

submit an assessment of the person to the court.

(2)  The court shall schedule a review hearing which

shall be conducted under section 6403(c) and which shall be

held no later than 30 days after receipt of both the

evaluation and the assessment under paragraph (1). Notice of

the review hearing shall be provided to the person, the

attorney who represented the person at the previous hearing

held under section 6403, the district attorney and the county

solicitor or a designee. The person and the person's attorney

shall be provided with written notice advising that the

person has the right to counsel and that, if he cannot afford

one, counsel shall be appointed for the person.

(3)  If the court determines by clear and convincing

evidence that the person has serious difficulty controlling

sexually violent behavior due to a mental abnormality or

personality disorder that makes the person likely to engage

in an act of sexual violence, the court shall order an

additional period of involuntary inpatient or outpatient 

<--

treatment of one year, otherwise the court shall order the

discharge of the person. The order shall be in writing and

shall be consistent with the protection of the public safety

and appropriate control, care and treatment of the person.

(g)  Discharge.--

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(1)  If the director or a designee of the facility

operated by the department under section 6406(a) concludes

the person no longer has serious difficulty in controlling

sexually violent behavior, the director shall petition the

court for a hearing. Notice of the petition shall be given to

the person, the attorney who represented the person at the

previous hearing held under section 6403, the board, the

district attorney and the county solicitor. The person and

the person's attorney shall also be provided with written

notice advising that the person has the right to counsel and

that, if he cannot afford one, counsel shall be appointed for

the person.

(2)  Upon receipt of notice under paragraph (1), the

board shall conduct a new assessment within 30 days and

provide that assessment to the court.

(3)  Within 15 days after the petition has been filed,

the court shall hold a hearing under section 6403(c). If the

court determines the person no longer has serious difficulty

controlling sexually violent behavior, the court shall order

the discharge of the person. If the court denies the

petition, the person shall be subject to the remainder of the

period of outpatient commitment.

(h)  Notice.--The involuntary outpatient treatment provider

shall provide the person with notice of the person's right to

petition the court for discharge. The court, after review of the

petition, may schedule a hearing under section 6403(c).

Section 2.4.  Section 6406(a) of Title 42 is amended to read:

§ 6406.  Duty of Department of Public Welfare.

(a)  General rule.--The department shall have the duty to

provide a separate, secure State-owned facility or unit utilized

solely for the control, care and treatment of persons committed

pursuant to this chapter. The department shall be responsible

for all costs relating to the control, care and treatment of

persons committed to [custody] involuntary treatment pursuant to

this chapter.

* * *

Section 2.5.  Section 6409 of Title 42 is amended by adding a

paragraph to read:

§ 6409.  Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

* * *

(4)  Providers of involuntary outpatient treatment and

their agents and employees.

Section 3.  Sections 9718.1(a) introductory paragraph and

(b)(2), 9718.2(a) and 9718.3(a) and 9718.2(a) of Title 42 are

<--

amended to read:

§ 9718.1.  Sexual offender treatment.

(a)  General rule.--A person, including an offender

designated as a "sexually violent predator" as defined in

section [9792] 9799.12 (relating to definitions), shall attend

and participate in a Department of Corrections program of

counseling or therapy designed for incarcerated sex offenders if

the person is incarcerated in a State institution for any of the

following provisions under 18 Pa.C.S. (relating to crimes and

offenses):

* * *

(b)  Eligibility for parole.--For an offender required to

participate in the program under subsection (a), all of the

following apply:

* * *

(2)  Notwithstanding paragraph (1)(iii), an offender who

is a sexually violent predator is subject to section [9799.4] 

9799.31 (relating to counseling of sexually violent

predators).

* * *

§ 9718.2.  Sentences for sex offenders.

(a)  Mandatory sentence.--

(1)  Any person who is convicted in any court of this

Commonwealth of an offense [set forth in] subject to section

[9795.1(a) or (b)] 9799.13 (relating to registration) shall,

if at the time of the commission of the current offense the

person had previously been convicted of an offense [set forth

in] subject to section [9795.1(a) or (b)] 9799.13 or an