| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1449, 1715, 1778 | PRINTER'S NO. 1821 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, RAFFERTY, WARD, ALLOWAY, FONTANA, BROWNE, BOSCOLA, MENSCH, SCARNATI, FARNESE, TARTAGLIONE AND BLAKE, JUNE 28, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 23 (Domestic | <-- |
2 | Relations), 42 (Judiciary and Judicial Procedure), 44 (Law |
3 | and Justice) and 61 (Prisons and Parole) of the Pennsylvania |
4 | Consolidated Statutes, extensively revising provisions |
5 | relating to the treatment, classification, sentencing and |
6 | registration of sexual offenders; further providing for |
7 | obscene and other sexual materials and performances; and |
8 | making editorial changes. |
9 | Amending Titles 18 (Crimes and Offenses), 23 (Domestic | <-- |
10 | Relations), 42 (Judiciary and Judicial Procedure), 44 (Law |
11 | and Justice) and 61 (Prisons and Parole) of the Pennsylvania |
12 | Consolidated Statutes, extensively revising provisions |
13 | relating to registration of sexual offenders pursuant to |
14 | Federal mandate; and making editorial changes. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Sections 2901, 2902, 2903, 3122.1, 3124.2, | <-- |
18 | 3130(a) introductory paragraph and (1) and (b), 3141 and 4302 of |
19 | Title 18 of the Pennsylvania Consolidated Statutes are amended |
20 | to read: |
21 | § 2901. Kidnapping. |
22 | (a) Offense defined.--[A] Except as provided for in |
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1 | subsection (a.1), a person is guilty of kidnapping if he |
2 | unlawfully removes another a substantial distance under the |
3 | circumstances from the place where he is found, or if he |
4 | unlawfully confines another for a substantial period in a place |
5 | of isolation, with any of the following intentions: |
6 | (1) To hold for ransom or reward, or as a shield or |
7 | hostage. |
8 | (2) To facilitate commission of any felony or flight |
9 | thereafter. |
10 | (3) To inflict bodily injury on or to terrorize the |
11 | victim or another. |
12 | (4) To interfere with the performance by public |
13 | officials of any governmental or political function. |
14 | (a.1) Kidnapping of a minor.--A person is guilty of |
15 | kidnapping of a minor if he unlawfully removes a person under 18 |
16 | years of age a substantial distance under the circumstances from |
17 | the place where he is found, or if he unlawfully confines |
18 | another for a substantial period in a place of isolation, with |
19 | any of the following intentions: |
20 | (1) To hold for ransom or reward, or as a shield or |
21 | hostage. |
22 | (2) To facilitate commission of any felony or flight |
23 | thereafter. |
24 | (3) To inflict bodily injury on or to terrorize the |
25 | victim or another. |
26 | (4) To interfere with the performance by public |
27 | officials of any governmental or political function. |
28 | (b) Grading.--Kidnapping [is a felony] and kidnapping of a |
29 | minor are both felonies of the first degree. A removal or |
30 | confinement is unlawful within the meaning of this section if it |
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1 | is accomplished by force, threat or deception, or, in the case |
2 | of a person who is under the age of 14 years or an incapacitated |
3 | person, if it is accomplished without the consent of a parent, |
4 | guardian or other person responsible for general supervision of |
5 | his welfare. |
6 | § 2902. Unlawful restraint. |
7 | (a) Offense defined.--[A person commits an offense] Except |
8 | as provided for under subsection (b), a person commits a |
9 | misdemeanor of the first degree if he knowingly: |
10 | (1) restrains another unlawfully in circumstances |
11 | exposing him to risk of serious bodily injury; or |
12 | (2) holds another in a condition of involuntary |
13 | servitude. |
14 | [(b) Grading.-- |
15 | (1) Except as provided in paragraph (2), an offense |
16 | under subsection (a) is a misdemeanor of the first degree. |
17 | (2) If the victim of the offense is an individual under |
18 | 18 years of age, an offense under subsection (a) is a felony |
19 | of the second degree.] |
20 | (b) Unlawful restraint of a minor.--If the victim is a |
21 | person under 18 years of age, a person who is not the victim's |
22 | parent commits a felony of the second degree if he knowingly: |
23 | (1) restrains another unlawfully in circumstances |
24 | exposing him to risk of serious bodily injury; or |
25 | (2) holds another in a condition of involuntary |
26 | servitude. |
27 | § 2903. False imprisonment. |
28 | (a) Offense defined.--[A person commits an offense] Except |
29 | as provided for under subsection (b), a person commits a |
30 | misdemeanor of the second degree if he knowingly restrains |
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1 | another unlawfully so as to interfere substantially with his |
2 | liberty. |
3 | [(b) Grading.-- |
4 | (1) Except as provided in paragraph (2), an offense |
5 | under subsection (a) is a misdemeanor of the second degree. |
6 | (2) If the victim of the offense is an individual under |
7 | 18 years of age, an offense under subsection (a) is a felony |
8 | of the second degree.] |
9 | (b) False imprisonment of a minor.--If the victim is a |
10 | person under 18 years of age, a person who is not the victim's |
11 | parent commits a felony of the second degree if he knowingly |
12 | restrains another unlawfully so as to interfere substantially |
13 | with his liberty. |
14 | § 3122.1. Statutory sexual assault. |
15 | (a) Felony of the second degree.--Except as provided in |
16 | section 3121 (relating to rape), a person commits a felony of |
17 | the second degree when that person engages in sexual intercourse |
18 | with a complainant to whom the person is not married who is |
19 | under the age of 16 years and that person is either: |
20 | (1) four [or more] years older but not more than seven |
21 | years older than the complainant [and the complainant and the |
22 | person are not married to each other.]; or |
23 | (2) eight years older but not more than ten years older |
24 | than the complainant. |
25 | (b) Felony of the first degree.--A person commits a felony |
26 | of the first degree when that person engages in sexual |
27 | intercourse with a complainant under the age of 16 years and |
28 | that person is 11 or more years older than the complainant and |
29 | the complainant and the person are not married to each other. |
30 | § 3124.2. Institutional sexual assault. |
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1 | (a) General rule.--Except as provided under subsection (a.1) |
2 | and in sections 3121 (relating to rape), 3122.1 (relating to |
3 | statutory sexual assault), 3123 (relating to involuntary deviate |
4 | sexual intercourse), 3124.1 (relating to sexual assault) and |
5 | 3125 (relating to aggravated indecent assault), a person who is |
6 | an employee or agent of the Department of Corrections or a |
7 | county correctional authority, youth development center, youth |
8 | forestry camp, State or county juvenile detention facility, |
9 | other licensed residential facility serving children and youth, |
10 | or mental health or mental retardation facility or institution |
11 | commits a felony of the third degree when that person engages in |
12 | sexual intercourse, deviate sexual intercourse or indecent |
13 | contact with an inmate, detainee, patient or resident. |
14 | (a.1) Institutional sexual assault of a minor.--If the |
15 | inmate, detainee, patient or resident is a person under 18 years |
16 | of age, a person who is an employee or agent of the Department |
17 | of Corrections or a county correctional authority, youth |
18 | development center, youth forestry camp, State or county |
19 | juvenile detention facility, other licensed residential facility |
20 | serving children and youth or a mental health or a mental |
21 | retardation facility or institution commits a felony of the |
22 | third degree when that person engages in sexual intercourse, |
23 | deviate sexual intercourse or indecent contact with an inmate, |
24 | detainee, patient or resident. |
25 | (b) Definition.--As used in this section, the term "agent" |
26 | means a person who is assigned to work in a State or county |
27 | correctional or juvenile detention facility, a youth development |
28 | center, youth forestry camp, other licensed residential facility |
29 | serving children and youth, or mental health or mental |
30 | retardation facility or institution who is employed by any State |
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1 | or county agency or any person employed by an entity providing |
2 | contract services to the agency. |
3 | § 3130. Conduct relating to sex offenders. |
4 | (a) Offense defined.--A person commits a felony of the third |
5 | degree if the person has reason to believe that a sex offender |
6 | is not complying with or has not complied with the requirements |
7 | of the sex offender's probation or parole, imposed by statute or |
8 | court order, or with the registration requirements of 42 Pa.C.S. |
9 | [§ 9795.2 (relating to registration procedures and |
10 | applicability)] Ch. 97 Subch. H (relating to registration of |
11 | sexual offenders), and the person, with the intent to assist the |
12 | sex offender in eluding a law enforcement agent or agency that |
13 | is seeking to find the sex offender to question the sex offender |
14 | about, or to arrest the sex offender for, noncompliance with the |
15 | requirements of the sex offender's probation or parole or the |
16 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H: |
17 | (1) withholds information from or does not notify the |
18 | law enforcement agent or agency about the sex offender's |
19 | noncompliance with the requirements of parole, the |
20 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if |
21 | known, the sex offender's whereabouts; |
22 | * * * |
23 | (b) Definition.--As used in this section, the term "sex |
24 | offender" means a person who is required to register with the |
25 | Pennsylvania State Police pursuant to the provisions of 42 |
26 | Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H. |
27 | § 3141. General rule. |
28 | A person: |
29 | (1) convicted under section 3121 (relating to rape), |
30 | 3122.1 (relating to statutory sexual assault), 3123 (relating |
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1 | to involuntary deviate sexual intercourse), 3124.1 (relating |
2 | to sexual assault), 3125 (relating to aggravated indecent |
3 | assault) or 3126 (relating to indecent assault); or |
4 | (2) required to register with the Pennsylvania State |
5 | Police under 42 Pa.C.S. [§ 9795.2 (relating to registration |
6 | procedures and applicability)] Ch. 97 Subch. H (relating to |
7 | registration of sexual offenders); |
8 | may be required to forfeit property rights in any property or |
9 | assets used to implement or facilitate commission of the crime |
10 | or crimes of which the person has been convicted. Such property |
11 | may include, but is not limited to, a computer or computers, |
12 | telephone equipment, firearms, licit or illicit prescription |
13 | drugs or controlled substances, a motor vehicle or such other |
14 | property or assets as determined by the court of common pleas to |
15 | have facilitated the person's criminal misconduct. |
16 | § 4302. Incest. |
17 | [A] (a) General rule.--Except as provided for under |
18 | subsection (b), a person is guilty of incest, a felony of the |
19 | second degree, if that person knowingly marries or cohabits or |
20 | has sexual intercourse with an ancestor or descendant, a brother |
21 | or sister of the whole or half blood or an uncle, aunt, nephew |
22 | or niece of the whole blood. [The relationships referred to in |
23 | this section include blood relationships without regard to |
24 | legitimacy, and relationship of parent and child by adoption.] |
25 | (b) Incest of a minor.--A person is guilty of incest of a |
26 | minor, a felony of the second degree, if that person knowingly |
27 | marries, cohabits with or has sexual intercourse with a |
28 | complainant who is an ancestor or descendant, a brother or |
29 | sister of the whole or half blood or an uncle, aunt, nephew or |
30 | niece of the whole blood and: |
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1 | (1) is under the age of 13 years; or |
2 | (2) is 13 to 18 years of age and the person is four or |
3 | more years older than the complainant. |
4 | (c) Relationships.--The relationships referred to in this |
5 | section include blood relationships without regard to |
6 | legitimacy, and relationship of parent and child by adoption. |
7 | Section 1.1. Section 4501 of Title 18 is amended by adding |
8 | definitions to read: |
9 | § 4501. Definitions. |
10 | Subject to additional definitions contained in subsequent |
11 | provisions of this article which are applicable to specific |
12 | chapters or other provisions of this article, the following |
13 | words and phrases, when used in this article shall have, unless |
14 | the context clearly indicates otherwise, the meanings given to |
15 | them in this section: |
16 | * * * |
17 | "Registration information." As defined in 42 Pa.C.S. § 9792 |
18 | (relating to definitions). |
19 | "Sex offender registration law." As defined in 42 Pa.C.S. § |
20 | 9792 (relating to definitions). |
21 | Section 1.2. Section 4915(a) introductory paragraph, (2) and |
22 | (3), (b) and (c) of Title 18 are amended, subsection (a) is |
23 | amended by adding a paragraph and the section is amended by |
24 | adding a subsection to read: |
25 | § 4915. Failure to comply with registration of sexual offenders |
26 | requirements. |
27 | (a) Offense defined.--An individual who is subject to |
28 | registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to |
29 | registration) or [an individual who is subject to registration |
30 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to |
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1 | registration under former 42 Pa.C.S § 9793 (relating to |
2 | registration of certain offenders for ten years) commits an |
3 | offense if he knowingly fails to: |
4 | * * * |
5 | (2) verify his [address] registration information or be |
6 | photographed as required under 42 Pa.C.S. § 9796 (relating to |
7 | verification of [residence] registration information); [or] |
8 | (3) provide accurate information when registering, |
9 | verifying or updating registration information under 42 |
10 | Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] |
11 | 9796; or |
12 | (4) comply with any sexual offender counseling |
13 | conditions imposed by 42 Pa.C.S. § 9799.4 (relating to |
14 | counseling of sexually violent predators) as a result of |
15 | being designated a sexually violent predator or imposed under |
16 | a sex offender registration statute following conviction in |
17 | another jurisdiction. |
18 | (b) Grading for offenders [who must register for ten years] |
19 | without lifetime registration.-- |
20 | (2) Except as set forth in paragraph (3), an individual |
21 | subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1) |
22 | or former 42 Pa.C.S. § 9793, and required to register as an |
23 | offender for a period of time less than lifetime, who commits |
24 | a violation of subsection (a)(1) or (2) commits a felony of |
25 | the third degree. |
26 | (3) An individual subject to registration under 42 |
27 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
28 | required to register as an offender for a period of time less |
29 | than lifetime, who commits a violation of subsection (a)(1) |
30 | or (2) and who has previously been convicted of an offense |
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1 | under subsection (a)(1) or (2) or a similar offense commits a |
2 | felony of the second degree. |
3 | (4) An individual subject to registration under 42 |
4 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
5 | required to register as an offender for a period of time less |
6 | than lifetime, who violates subsection (a)(3) commits a |
7 | felony of the second degree. |
8 | (c) Grading for sexually violent predators and others with |
9 | lifetime registration.-- |
10 | (2) Except as set forth in paragraph (3), an individual |
11 | subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) |
12 | or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required |
13 | to register as a sexually violent predator or as an offender |
14 | for life, who commits a violation of subsection (a)(1) or (2) |
15 | commits a felony of the second degree. |
16 | (3) An individual subject to registration under 42 |
17 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
18 | Pa.C.S. § 9793, and required to register as a sexually |
19 | violent predator or as an offender for life, who commits a |
20 | violation of subsection (a)(1) or (2) and who has previously |
21 | been convicted of an offense under subsection (a)(1) or (2) |
22 | or a similar offense commits a felony of the first degree. |
23 | (4) An individual subject to registration under 42 |
24 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
25 | Pa.C.S. § 9793, and required to register as a sexually |
26 | violent predator or as an offender for life, who violates |
27 | subsection (a)(3) commits a felony of the first degree. |
28 | (5) An individual subject to registration under 42 |
29 | Pa.C.S. § 9795.1(b) and required to register as a sexually |
30 | violent predator who violates subsection (a)(4) commits a |
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1 | felony of the third degree. |
2 | * * * |
3 | (g) Expiration.--This section shall expire one year after |
4 | the effective date of this subsection. |
5 | Section 1.3. Title 18 is amended by adding a section to |
6 | read: |
7 | § 4915.1. Failure to comply with registration of sexual |
8 | offenders requirements. |
9 | (a) Offense defined.--An individual who is subject to |
10 | registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to |
11 | registration of sexual offenders) commits an offense if he |
12 | knowingly fails to: |
13 | (1) register with the Pennsylvania State Police or |
14 | report a change in registration information as required under |
15 | 42 Pa.C.S. Ch. 97 Subch. H; |
16 | (2) verify his address or registration information or be |
17 | photographed as required under 42 Pa.C.S. Ch. 97 Subch. H; or |
18 | (3) provide accurate information when registering, |
19 | reporting a change in registration or verifying an address or |
20 | registration information as required under 42 Pa.C.S. Ch. 97 |
21 | Subch. H. |
22 | (b) Grading for Class 1 and Class 2 sexual offenders.-- |
23 | (1) Except as set forth in paragraph (3), a Class 1 |
24 | sexual offender or Class 2 sexual offender subject to |
25 | registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a |
26 | violation of subsection (a)(1) or (2) commits a felony of the |
27 | third degree. |
28 | (2) A Class 1 sexual offender or Class 2 sexual offender |
29 | subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who |
30 | commits a violation of subsection (a)(1) or (2) and who has |
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1 | previously been convicted of an offense under subsection (a) |
2 | (1) or (2) or a similar offense commits a felony of the |
3 | second degree. |
4 | (3) A Class 1 sexual offender or Class 2 sexual offender |
5 | subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who |
6 | violates subsection (a)(3) commits a felony of the second |
7 | degree. |
8 | (c) Grading for Class 3 sexual offenders and sexually |
9 | violent predators.-- |
10 | (1) Except as set forth in paragraph (3), a Class 3 |
11 | sexual offender or sexually violent predator subject to |
12 | registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a |
13 | violation of subsection (a)(1) or (2) commits a felony of the |
14 | second degree. |
15 | (2) A Class 3 sexual offender or sexually violent |
16 | predator subject to registration under 42 Pa.C.S. Ch. 97 |
17 | Subch. H who commits a violation of subsection (a)(1) or (2) |
18 | and who has previously been convicted of an offense under |
19 | subsection (a)(1) or (2) or a similar offense commits a |
20 | felony of the first degree. |
21 | (3) A Class 3 sexual offender or sexually violent |
22 | predator subject to registration under 42 Pa.C.S. Ch. 97 |
23 | Subch. H who violates subsection (a)(3) commits a felony of |
24 | the first degree. |
25 | (d) Effect of notice.--Neither failure on the part of the |
26 | Pennsylvania State Police to send nor failure of a sexually |
27 | violent predator or offender to receive any notice or |
28 | information pursuant to 42 Pa.C.S. Ch. 97 Subch. H shall be a |
29 | defense to a prosecution commenced against an individual arising |
30 | from a violation of this section. The provisions of 42 Pa.C.S. § |
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1 | 9799.20 (relating to verification of registration information) |
2 | are not an element of an offense under this section. |
3 | (e) Arrests for violation.-- |
4 | (1) A police officer shall have the same right of arrest |
5 | without a warrant as in a felony whenever the police officer |
6 | has probable cause to believe an individual has committed a |
7 | violation of this section regardless of whether the violation |
8 | occurred in the presence of the police officer. |
9 | (2) An individual arrested for a violation of this |
10 | section shall be afforded a preliminary arraignment by the |
11 | proper issuing authority without unnecessary delay. In no |
12 | case may the individual be released from custody without |
13 | first having appeared before the issuing authority. |
14 | (3) Prior to admitting an individual arrested for a |
15 | violation of this section to bail, the issuing authority |
16 | shall require all of the following: |
17 | (i) The individual must be fingerprinted and |
18 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
19 | Subch. H (relating to registration of sexual offenders). |
20 | (ii) The following apply: |
21 | (A) If an individual previously registered with |
22 | the Pennsylvania State Police, the individual shall |
23 | update registration information. |
24 | (B) If an individual did not previously register |
25 | with the Pennsylvania State Police, the individual |
26 | shall register under 42 Pa.C.S. Ch. 97 Subch. H. |
27 | (iii) Law enforcement must make reasonable attempts |
28 | to verify the information provided by the individual. |
29 | (f) Definitions.--As used in this section, the following |
30 | words and phrases shall have the meanings given to them in this |
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1 | subsection unless the context clearly indicates otherwise: |
2 | "Class 1 sexual offender." As defined in 42 Pa.C.S. § |
3 | 9799.12 (relating to definitions). The term includes a Class 1 |
4 | out-of-State offender. |
5 | "Class 2 sexual offender." As defined in 42 Pa.C.S. § |
6 | 9799.12 (relating to definitions). The term includes a Class 2 |
7 | out-of-State offender. |
8 | "Class 3 sexual offender." As defined in 42 Pa.C.S. § |
9 | 9799.12 (relating to definitions). The term includes a Class 3 |
10 | out-of-State offender. |
11 | "Out-of-State offender." As defined in 42 Pa.C.S. § 9799.12 |
12 | (relating to definitions). |
13 | "Sexually violent predator." As defined in 42 Pa.C.S. § |
14 | 9799.12 (relating to definitions). |
15 | "Similar offense." An offense similar to an offense under |
16 | either subsection (a)(1) or (2) under the laws of the United |
17 | States or one of its territories or possessions, another state, |
18 | the District of Columbia, a federally recognized Indian tribe or |
19 | a foreign nation. |
20 | Section 1.4. Sections 5902(c) and 5903(a)(3), (4) and (5) of |
21 | Title 18 are amended to read: |
22 | § 5902. Prostitution and related offenses. |
23 | * * * |
24 | (c) Grading of offenses under subsection (b).-- |
25 | (1) An offense under subsection (b) constitutes a felony |
26 | of the third degree if: |
27 | (i) the offense falls within paragraphs (b)(1), (b) |
28 | (2) or (b)(3); |
29 | (ii) the actor compels another to engage in or |
30 | promote prostitution; |
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1 | (iii) the actor promotes prostitution of a [child |
2 | under the age of 16 years] person under 18 years of age, |
3 | whether or not he is aware of the age of the child; |
4 | (iv) the actor promotes prostitution of his spouse, |
5 | child, ward or any person for whose care, protection or |
6 | support he is responsible; or |
7 | (v) the person knowingly promoted prostitution of |
8 | another who was HIV positive or infected with the AIDS |
9 | virus. |
10 | (2) Otherwise the offense is a misdemeanor of the second |
11 | degree. |
12 | * * * |
13 | § 5903. Obscene and other sexual materials and performances. |
14 | (a) Offenses defined.--No person, knowing the obscene |
15 | character of the materials or performances involved, shall: |
16 | * * * |
17 | (3) (i) design, copy, draw, photograph, print, utter, |
18 | publish or in any manner manufacture or prepare any |
19 | obscene materials; or |
20 | (ii) design, copy, draw, photograph, print, utter, |
21 | publish or in any manner manufacture or prepare any |
22 | obscene materials if the victim is a minor; |
23 | (4) (i) write, print, publish, utter or cause to be |
24 | written, printed, published or uttered any advertisement |
25 | or notice of any kind giving information, directly or |
26 | indirectly, stating or purporting to state where, how, |
27 | from whom, or by what means any obscene materials can be |
28 | purchased, obtained or had; or |
29 | (ii) write, print, publish, utter or cause to be |
30 | written, printed, published or uttered any advertisement |
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1 | or notice of any kind giving information, directly or |
2 | indirectly, stating or purporting to state where, how, |
3 | from whom or by what means any obscene materials can be |
4 | purchased, obtained or had if the victim is a minor; |
5 | (5) (i) produce, present or direct any obscene |
6 | performance or participate in a portion thereof that is |
7 | obscene or that contributes to its obscenity; or |
8 | (ii) produce, present or direct any obscene |
9 | performance or participate in a portion thereof that is |
10 | obscene or that contributes to its obscenity if the |
11 | victim is a minor; |
12 | * * * |
13 | Section 2. Section 6707(2)(ii) of Title 23 is amended to |
14 | read: |
15 | § 6707. Agency use of designated address. |
16 | State and local government agencies shall accept the |
17 | substitute address designated on a valid program participation |
18 | card issued to the program participant by the Office of Victim |
19 | Advocate as the program participant's address except as follows: |
20 | * * * |
21 | (2) when the program participant is any of the |
22 | following: |
23 | * * * |
24 | (ii) a convicted sexual offender who has fulfilled |
25 | the offender's sentence but must register the offender's |
26 | community residence as required under 42 Pa.C.S. [§§ |
27 | 9795.1 (relating to registration) and 9795.2 (relating to |
28 | registration procedures and applicability)] Ch. 97 Subch. |
29 | H (relating to registration of sexual offenders) or any |
30 | similar registration requirement imposed by any other |
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1 | jurisdiction. |
2 | Section 2.1. Sections 6358(a) and (b) and 6403(a)(2), (b)(3) |
3 | and (d) of Title 42 are amended to read: |
4 | § 6358. Assessment of delinquent children by the State Sexual |
5 | Offenders Assessment Board. |
6 | (a) General rule.--A child who has been found to be |
7 | delinquent for an act of sexual violence which if committed by |
8 | an adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
9 | rape), 3123 (relating to involuntary deviate sexual |
10 | intercourse), 3124.1 (relating to sexual assault), 3125 |
11 | (relating to aggravated indecent assault), 3126 (relating to |
12 | indecent assault) or 4302 (relating to incest) who is committed |
13 | to an institution or other facility pursuant to section 6352 |
14 | (relating to disposition of delinquent child) and who remains in |
15 | any such institution or facility upon attaining 20 years of age |
16 | shall be subject to an assessment by the board. |
17 | (b) Duty of probation officer.--Ninety days prior to the |
18 | 20th birthday of the child, the probation officer shall have the |
19 | duty to notify the board of the status of the delinquent child |
20 | and the institution or other facility where the child is |
21 | presently committed. The probation officer shall assist the |
22 | board in obtaining access to the child and any information |
23 | required by the board to perform the assessment, including, but |
24 | not limited to, the child's official court record and the |
25 | child's complete juvenile probation file. |
26 | * * * |
27 | § 6403. Court-ordered involuntary treatment. |
28 | (a) Persons subject to involuntary treatment.--A person may |
29 | be subject to court-ordered commitment for involuntary treatment |
30 | under this chapter if the person: |
|
1 | * * * |
2 | (2) Has been committed to an institution or other |
3 | facility pursuant to section 6352 (relating to disposition of |
4 | delinquent child) and remains in [the] any such institution |
5 | or [other] facility upon attaining 20 years of age. |
6 | * * * |
7 | (b) Procedures for initiating court-ordered involuntary |
8 | commitment.-- |
9 | * * * |
10 | (3) The court shall set a date for the hearing which |
11 | shall be held within 30 days of the filing of the petition |
12 | pursuant to paragraph (1) and direct the person to appear for |
13 | the hearing. A copy of the petition and notice of the hearing |
14 | date shall be served on the person, the attorney who |
15 | represented the person at the most recent dispositional |
16 | review hearing pursuant to section 6358(e) and the county |
17 | solicitor or a designee and shall be provided to the director |
18 | of the facility operated by the department under section |
19 | 6406(a) (relating to duty of Department of Public Welfare). |
20 | The person and the attorney who represented the person shall, |
21 | along with copies of the petition, also be provided with |
22 | written notice advising that the person has the right to |
23 | counsel and that, if he cannot afford one, counsel shall be |
24 | appointed for the person. |
25 | * * * |
26 | (d) Determination and order.--Upon a finding by clear and |
27 | convincing evidence that the person has a mental abnormality or |
28 | personality disorder which results in serious difficulty in |
29 | controlling sexually violent behavior that makes the person |
30 | likely to engage in an act of sexual violence, an order shall be |
|
1 | entered directing the immediate commitment of the person for |
2 | [inpatient] involuntary inpatient treatment to a facility |
3 | designated by the department. The order shall be in writing and |
4 | shall be consistent with the protection of the public safety and |
5 | the appropriate control, care and treatment of the person. An |
6 | appeal shall not stay the execution of the order. If the court |
7 | does not order the person to be committed for involuntary |
8 | inpatient treatment by the department, the court shall order the |
9 | director of the facility operated by the department under |
10 | section 6406(a) to destroy the facility's copy of the petition |
11 | and the assessment. |
12 | Section 2.2. Section 6404 heading, (b)(2) and (c) heading, |
13 | (1), (3) and (4) of Title 42 are amended, subsection (c) is |
14 | amended by adding paragraphs and the section is amended by |
15 | adding a subsection to read: |
16 | § 6404. Duration of inpatient commitment and review. |
17 | * * * |
18 | (b) Annual review.-- |
19 | * * * |
20 | (2) The court shall schedule a review hearing which |
21 | shall be conducted pursuant to section 6403(c) (relating to |
22 | court-ordered involuntary treatment) and which shall be held |
23 | no later than 30 days after receipt of both the evaluation |
24 | and the assessment under paragraph (1). Notice of the review |
25 | hearing shall be provided to the person, the attorney who |
26 | represented the person at the previous hearing held pursuant |
27 | to this subsection or section 6403, the district attorney and |
28 | the county solicitor or a designee. The person and the |
29 | person's attorney shall also be provided with written notice |
30 | advising that the person has the right to counsel and that, |
|
1 | if he cannot afford one, counsel shall be appointed for the |
2 | person. If the court determines by clear and convincing |
3 | evidence that the person continues to have serious difficulty |
4 | controlling sexually violent behavior while committed for |
5 | inpatient treatment due to a mental abnormality or |
6 | personality disorder that makes the person likely to engage |
7 | in an act of sexual violence, the court shall order an |
8 | additional period of involuntary inpatient treatment of one |
9 | year; otherwise, the court shall order the [discharge of] |
10 | department, in consultation with the board, to develop an |
11 | outpatient treatment plan for the person. The order shall be |
12 | in writing and shall be consistent with the protection of the |
13 | public safety and appropriate control, care and treatment of |
14 | the person. |
15 | (c) [Discharge] Outpatient treatment plan.-- |
16 | (1) If at any time the director or a designee of the |
17 | facility to which the person was committed concludes the |
18 | person no longer has serious difficulty in controlling |
19 | sexually violent behavior in an inpatient setting, the |
20 | director shall petition the court for a hearing. Notice of |
21 | the petition shall be given to the person, the attorney who |
22 | represented the person at the previous hearing held pursuant |
23 | to subsection (b) or section 6403, the board, the district |
24 | attorney and the county solicitor. The person and the |
25 | person's attorney shall also be provided with written notice |
26 | advising that the person has the right to counsel and that, |
27 | if he cannot afford one, counsel shall be appointed for the |
28 | person. |
29 | * * * |
30 | (3) Within 15 days after the receipt of the assessment |
|
1 | from the board, the court shall hold a hearing pursuant to |
2 | section 6403(c). If the court determines by clear and |
3 | convincing evidence that the person continues to have serious |
4 | difficulty controlling sexually violent behavior while |
5 | committed for inpatient treatment due to a mental abnormality |
6 | or personality disorder that makes the person likely to |
7 | engage in an act of sexual violence, the court shall order |
8 | that the person be subject to the remainder of the period of |
9 | inpatient commitment[. Otherwise,]; otherwise the court shall |
10 | order the [discharge of] department, in consultation with the |
11 | board, to develop an outpatient treatment plan for the |
12 | person. |
13 | (4) The department shall provide the person with notice |
14 | of the person's right to petition the court for [discharge] |
15 | transfer to involuntary outpatient treatment over the |
16 | objection of the department. The court, after review of the |
17 | petition, may schedule a hearing pursuant to section 6403(c). |
18 | (5) An outpatient treatment plan shall be in writing and |
19 | shall identify the specific entity that will provide each |
20 | clinical and support service identified in the plan. |
21 | (6) The department shall provide a copy of the |
22 | outpatient treatment plan to the court, the person, the |
23 | attorney who represented the person at the most recent |
24 | hearing under section 6403, the board, the district attorney |
25 | and the county solicitor or a designee. |
26 | (d) Prohibition on discharge.--The court shall not order |
27 | discharge from involuntary treatment until the person has |
28 | completed involuntary outpatient treatment pursuant to section |
29 | 6404.2 (relating to outpatient commitment and review). |
30 | Section 2.3. Title 42 is amended by adding sections to read: |
|
1 | § 6404.1. Transfer to involuntary outpatient treatment. |
2 | The court may approve or disapprove an outpatient treatment |
3 | plan. Upon approval of an outpatient treatment plan, the court |
4 | shall order transfer of the person to involuntary outpatient |
5 | treatment under section 6404.2 (relating to outpatient |
6 | commitment and review). |
7 | § 6404.2. Outpatient commitment and review. |
8 | (a) Terms and conditions.--If a court has ordered the |
9 | transfer of the person to involuntary outpatient treatment under |
10 | section 6404.1 (relating to transfer to involuntary outpatient |
11 | treatment), the court may in its discretion specify the terms |
12 | and conditions of the outpatient commitment, including: |
13 | (1) Absolute compliance with the outpatient treatment |
14 | plan. |
15 | (2) Restrictions and requirements regarding the location |
16 | of the person's residence and the times the person must be |
17 | physically present there. |
18 | (3) Restrictions and requirements regarding areas the |
19 | person is not permitted to visit. |
20 | (4) Restrictions and requirements regarding whom the |
21 | person may contact in any medium. |
22 | (5) Periodic polygraph tests. |
23 | (b) Duration.--The court shall order involuntary outpatient |
24 | treatment for a period of one year. |
25 | (c) Status reports.--An involuntary outpatient treatment |
26 | provider shall submit a report on the person's status and |
27 | clinical progress, on a form prescribed by the department, to |
28 | the facility operated by the department under section 6406(a) |
29 | (relating to duty of Department of Public Welfare) not less than |
30 | every 30 days. |
|
1 | (d) Failure to comply.--If an involuntary outpatient |
2 | treatment provider becomes aware that the person has violated |
3 | any provision of the treatment plan or any term or condition |
4 | specified under subsection (a), or the provider concludes that |
5 | the person is having serious difficulty controlling sexually |
6 | violent behavior in an outpatient setting due to a mental |
7 | abnormality or personality disorder that makes the person likely |
8 | to engage in an act of sexual violence, the provider shall |
9 | immediately notify the facility operated by the department under |
10 | section 6406(a). The facility shall notify the court by the |
11 | close of the next business day. |
12 | (e) Revocation of transfer.--Upon receiving notice under |
13 | subsection (d) that the person has violated a material term or |
14 | condition of transfer specified under subsection (a), or that |
15 | the person is having serious difficulty controlling sexually |
16 | violent behavior in an outpatient setting due to a mental |
17 | abnormality or personality disorder that makes the person likely |
18 | to engage in an act of sexual violence, the court shall revoke |
19 | the transfer to involuntary outpatient treatment and order the |
20 | immediate return to involuntary inpatient treatment without a |
21 | prior hearing. The court may issue a warrant requiring any law |
22 | enforcement officer or any person authorized by the court to |
23 | take the person into custody and return him or her to |
24 | involuntary inpatient treatment. The person may file a written |
25 | request for a hearing after revocation of the transfer to |
26 | involuntary treatment. The court shall conduct a hearing under |
27 | section 6403(c) (relating to court-ordered involuntary |
28 | treatment) within ten days of filing of the request. |
29 | (f) Annual review and discharge.-- |
30 | (1) Sixty days prior to the expiration of the one-year |
|
1 | outpatient commitment period, the director of the facility or |
2 | a designee shall submit an evaluation and the board shall |
3 | submit an assessment of the person to the court. |
4 | (2) The court shall schedule a review hearing which |
5 | shall be conducted under section 6403(c) and which shall be |
6 | held no later than 30 days after receipt of both the |
7 | evaluation and the assessment under paragraph (1). Notice of |
8 | the review hearing shall be provided to the person, the |
9 | attorney who represented the person at the previous hearing |
10 | held under section 6403, the district attorney and the county |
11 | solicitor or a designee. The person and the person's attorney |
12 | shall be provided with written notice advising that the |
13 | person has the right to counsel and that, if he cannot afford |
14 | one, counsel shall be appointed for the person. |
15 | (3) If the court determines by clear and convincing |
16 | evidence that the person has serious difficulty controlling |
17 | sexually violent behavior due to a mental abnormality or |
18 | personality disorder that makes the person likely to engage |
19 | in an act of sexual violence, the court shall order an |
20 | additional period of involuntary inpatient treatment of one |
21 | year, otherwise the court shall order the discharge of the |
22 | person. The order shall be in writing and shall be consistent |
23 | with the protection of the public safety and appropriate |
24 | control, care and treatment of the person. |
25 | Section 2.4. Section 6406(a) of Title 42 is amended to read: |
26 | § 6406. Duty of Department of Public Welfare. |
27 | (a) General rule.--The department shall have the duty to |
28 | provide a separate, secure State-owned facility or unit utilized |
29 | solely for the control, care and treatment of persons committed |
30 | pursuant to this chapter. The department shall be responsible |
|
1 | for all costs relating to the control, care and treatment of |
2 | persons committed to [custody] involuntary treatment pursuant to |
3 | this chapter. |
4 | * * * |
5 | Section 2.5. Section 6409 of Title 42 is amended by adding a |
6 | paragraph to read: |
7 | § 6409. Immunity for good faith conduct. |
8 | The following entities shall be immune from liability for |
9 | good faith conduct under this subchapter: |
10 | * * * |
11 | (4) Providers of involuntary outpatient treatment and |
12 | their agents and employees. |
13 | Section 3. Sections 9718.1(a) introductory paragraph and |
14 | (b)(2) and 9718.2(a) of Title 42 are amended to read: |
15 | § 9718.1. Sexual offender treatment. |
16 | (a) General rule.--A person, including an offender |
17 | designated as a "sexually violent predator" as defined in |
18 | section [9792] 9799.12 (relating to definitions), shall attend |
19 | and participate in a Department of Corrections program of |
20 | counseling or therapy designed for incarcerated sex offenders if |
21 | the person is incarcerated in a State institution for any of the |
22 | following provisions under 18 Pa.C.S. (relating to crimes and |
23 | offenses): |
24 | * * * |
25 | (b) Eligibility for parole.--For an offender required to |
26 | participate in the program under subsection (a), all of the |
27 | following apply: |
28 | * * * |
29 | (2) Notwithstanding paragraph (1)(iii), an offender who |
30 | is a sexually violent predator is subject to section [9799.4] |
|
1 | 9799.31 (relating to counseling of sexually violent |
2 | predators). |
3 | * * * |
4 | § 9718.2. Sentences for sex offenders. |
5 | (a) Mandatory sentence.-- |
6 | (1) Any person who is convicted in any court of this |
7 | Commonwealth of an offense [set forth in] subject to section |
8 | [9795.1(a) or (b)] 9799.13 (relating to registration) shall, |
9 | if at the time of the commission of the current offense the |
10 | person had previously been convicted of an offense [set forth |
11 | in] subject to section [9795.1(a) or (b)] 9799.13 or an |
12 | equivalent crime under the laws of this Commonwealth in |
13 | effect at the time of the commission of that offense or an |
14 | equivalent crime in another jurisdiction, be sentenced to a |
15 | minimum sentence of at least 25 years of total confinement, |
16 | notwithstanding any other provision of this title or other |
17 | statute to the contrary. Upon such conviction, the court |
18 | shall give the person oral and written notice of the |
19 | penalties under paragraph (2) for a third conviction. Failure |
20 | to provide such notice shall not render the offender |
21 | ineligible to be sentenced under paragraph (2). |
22 | (2) Where the person had at the time of the commission |
23 | of the current offense previously been convicted in separate |
24 | criminal actions of two or more offenses [arising from |
25 | separate criminal transactions set forth in section 9795.1(a) |
26 | or (b)] subject to section 9799.30 (relating to counseling of |
27 | sexually violent predators) or equivalent crimes under the |
28 | laws of this Commonwealth in effect at the time of the |
29 | commission of the offense or equivalent crimes in another |
30 | jurisdiction, the person shall be sentenced to a term of life |
|
1 | imprisonment, notwithstanding any other provision of this |
2 | title or other statute to the contrary. Proof that the |
3 | offender received notice of or otherwise knew or should have |
4 | known of the penalties under this paragraph shall not be |
5 | required. |
6 | * * * |
7 | Section 3.1. Section 9718.3(a) of Title 42 is amended and |
8 | the section is amended by adding a subsection to read: |
9 | § 9718.3. Sentence for failure to comply with registration of |
10 | sexual offenders. |
11 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
12 | follows: |
13 | (1) Sentencing upon conviction for a first offense shall |
14 | be as follows: |
15 | (i) Not less than two years for an individual who: |
16 | (A) was subject to registration under section |
17 | 9795.1(a) or (a.1) (relating to registration), former |
18 | section 9793 (relating to registration of certain |
19 | offenders for ten years) or a similar provision from |
20 | another jurisdiction; and |
21 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
22 | or (4) (relating to failure to comply with |
23 | registration of sexual offenders requirements). |
24 | (ii) Not less than three years for an individual |
25 | who: |
26 | (A) was subject to registration under section |
27 | 9795.1(a) or (a.1), former section 9793 or a similar |
28 | provision from another jurisdiction; and |
29 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
30 | (iii) Not less than three years for an individual |
|
1 | who: |
2 | (A) was subject to registration under section |
3 | 9795.1(b) or a similar provision from another |
4 | jurisdiction; and |
5 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
6 | or (4). |
7 | (iv) Not less than five years for an individual 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)(3). |
12 | (2) Sentencing upon conviction for a second or |
13 | subsequent offense shall be as follows: |
14 | (i) Not less than five years for an individual who: |
15 | (A) was subject to registration under section |
16 | 9795.1, former section 9793 or a similar provision |
17 | from another jurisdiction; and |
18 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
19 | or (4). |
20 | (ii) Not less than seven years for an individual |
21 | who: |
22 | (A) was subject to registration under section |
23 | 9795.1, former section 9793 or a similar provision |
24 | from another jurisdiction; and |
25 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
26 | * * * |
27 | (e) Expiration.--This section shall expire one year after |
28 | the effective date of this subsection. |
29 | Section 3.2. Title 42 is amended by adding a section to |
30 | read: |
|
1 | § 9718.4. Sentence for failure to comply with registration of |
2 | sexual offenders. |
3 | (a) Mandatory sentencing.--Mandatory sentencing shall be as |
4 | follows: |
5 | (1) Sentencing upon conviction for a first offense shall |
6 | be as follows: |
7 | (i) Not less than two years for an individual who: |
8 | (A) was subject to: |
9 | (I) former section 9795.1(a) (relating to |
10 | registration); |
11 | (II) registration as a Class 1 sexual |
12 | offender or Class 2 sexual offender under Subch. |
13 | H (relating to registration of sexual offenders); |
14 | or |
15 | (III) a similar provision from another |
16 | jurisdiction; and |
17 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
18 | (relating to failure to comply with registration of |
19 | sexual offenders requirements). |
20 | (ii) Not less than three years for an individual |
21 | who: |
22 | (A) was subject to: |
23 | (I) former section 9795.1(a); |
24 | (II) registration as a Class 1 sexual |
25 | offender or Class 2 sexual offender under Subch. |
26 | H; or |
27 | (III) a similar provision from another |
28 | jurisdiction; and |
29 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
30 | (iii) Not less than three years for an individual |
|
1 | who: |
2 | (A) was subject to: |
3 | (I) former section 9795.1(b); |
4 | (II) registration as a Class 3 sexual |
5 | offender or sexually violent predator under |
6 | Subch. H; or |
7 | (III) a similar provision from another |
8 | jurisdiction; and |
9 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
10 | (iv) Not less than five years for an individual who: |
11 | (A) was subject to: |
12 | (I) former section 9795.1(b); |
13 | (II) registration as a Class 3 sexual |
14 | offender or sexually violent predator under |
15 | Subch. H; or |
16 | (III) a similar provision from another |
17 | jurisdiction; and |
18 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
19 | (2) Sentencing upon conviction for a second or |
20 | subsequent offense shall be as follows: |
21 | (i) Not less than five years for an individual who: |
22 | (A) was subject to: |
23 | (I) former section 9795.1; |
24 | (II) registration under Subch. H; or |
25 | (III) a similar provision from another |
26 | jurisdiction; and |
27 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
28 | (ii) Not less than seven years for an individual |
29 | who: |
30 | (A) was subject to: |
|
1 | (I) section 9795.1; |
2 | (II) registration under Subch. H; or |
3 | (III) a similar provision from another |
4 | jurisdiction; and |
5 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
6 | (b) Proof at sentencing.--The provisions of this section |
7 | shall not be an element of the crime, and notice thereof to the |
8 | defendant shall not be required prior to conviction, but |
9 | reasonable notice of the Commonwealth's intention to proceed |
10 | under this section shall be provided after conviction and before |
11 | sentencing. The applicability of this section shall be |
12 | determined at sentencing. The court shall consider any evidence |
13 | presented at trial and shall afford the Commonwealth and the |
14 | defendant an opportunity to present any necessary additional |
15 | evidence and shall determine, by a preponderance of the |
16 | evidence, if this section is applicable. |
17 | (c) Authority of court in sentencing.--There shall be no |
18 | authority in any court to impose on an offender to which this |
19 | section is applicable any lesser sentence than provided for in |
20 | subsection (a) or to place such offender on probation or to |
21 | suspend sentence. Nothing in this section shall prevent the |
22 | sentencing court from imposing a sentence greater than that |
23 | provided in this section. Sentencing guidelines promulgated by |
24 | the Pennsylvania Commission on Sentencing shall not supersede |
25 | the mandatory sentences provided in this section. |
26 | (d) Appeal by Commonwealth.--If a sentencing court refuses |
27 | to apply this section where applicable, the Commonwealth shall |
28 | have the right to appellate review of the action of the |
29 | sentencing court. The appellate court shall vacate the sentence |
30 | and remand the case to the sentencing court for imposition of a |
|
1 | sentence in accordance with this section if it finds that the |
2 | sentence was imposed in violation of this section. |
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 | "Habitual locale." The place where a transient can be |
20 | habitually located, including locations an individual frequents, |
21 | or intends to frequent, during the day or night, including, but |
22 | not limited to, parks, buildings, libraries and homeless |
23 | shelters. |
24 | * * * |
25 | "Offender." An individual required to register under section |
26 | 9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or |
27 | under former section 9793 (relating to registration of certain |
28 | offenders for ten years). The term includes an individual |
29 | considered to be an offender under section 9795.2(b) (relating |
30 | to registration procedures and applicability). |
|
1 | "Passive notification." Notification pursuant to section |
2 | 9798.1 (relating to information made available on the Internet |
3 | and electronic notification) or any process whereby persons, |
4 | pursuant to the laws of the United States or one of its |
5 | territories or possessions, another state, the District of |
6 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
7 | are able to access information pertaining to an individual [as a |
8 | result of the individual having been convicted or sentenced by a |
9 | court for an offense similar to an offense listed in section |
10 | 9795.1 (relating to registration)] under a sex offender |
11 | registration law in that jurisdiction. The term includes a |
12 | situation in which an individual is required to register under a |
13 | sex offender registration law in the jurisdiction where |
14 | convicted, sentenced, court martialed or adjudicated as a |
15 | juvenile and where access to that registration information is |
16 | limited to law enforcement only. |
17 | * * * |
18 | "Registration information." Information required under this |
19 | subchapter to be provided to the Pennsylvania State Police by an |
20 | offender or a sexually violent predator. |
21 | "Reside" or "resides." Has or establishes a residence. |
22 | "Residence." [A location where an individual resides or is |
23 | domiciled or intends to be domiciled for 30 consecutive days or |
24 | more during a calendar year.] The location of an individual's |
25 | home, an individual's habitual locale or other place where the |
26 | individual resides or intends to reside for 30 cumulative days |
27 | or more during a calendar year. |
28 | "Sex offender registration law." Any of the following: |
29 | (1) This subchapter. |
30 | (2) A law in another jurisdiction which requires an |
|
1 | individual to register with a sex offender registry following |
2 | conviction or adjudication. |
3 | * * * |
4 | "Sexually violent predator." A person who has been convicted |
5 | of a sexually violent offense as set forth in section 9795.1 |
6 | (relating to registration) and who is determined to be a |
7 | sexually violent predator under section 9795.4 (relating to |
8 | assessments) due to a mental abnormality or personality disorder |
9 | that makes the person likely to engage in predatory sexually |
10 | violent offenses. The term includes: |
11 | (1) an individual determined to be a sexually violent |
12 | predator where the determination occurred in the United |
13 | States or one of its territories or possessions, another |
14 | state, the District of Columbia, the Commonwealth of Puerto |
15 | Rico, a foreign nation or by court martial; and |
16 | (2) an individual considered to be a sexually violent |
17 | predator under section 9795.2(b) (relating to registration |
18 | procedures and applicability). |
19 | * * * |
20 | "Transient." An offender or out-of-State offender who does |
21 | not have a residence and is present in this Commonwealth. |
22 | Section 4.1. Section 9795.1(a) introductory paragraph of |
23 | Title 42 is amended, subsection (b) is amended by adding a |
24 | paragraph and the section is amended by adding a subsection to |
25 | read: |
26 | § 9795.1. Registration. |
27 | (a) Ten-year registration.--[The] Except as set forth in |
28 | subsection (a.1) or (b), the following individuals shall be |
29 | required to register with the Pennsylvania State Police for a |
30 | period of ten years: |
|
1 | * * * |
2 | (a.1) Exception to ten-year registration.--Except as |
3 | provided under subsection (b), an individual considered to be an |
4 | offender pursuant to section 9795.2(b) (relating to registration |
5 | procedures and applicability) shall be required to register with |
6 | the Pennsylvania State Police for a period less than life, the |
7 | duration of which is to be determined under section 9795.2(b). |
8 | (b) Lifetime registration.--The following individuals shall |
9 | be subject to lifetime registration: |
10 | * * * |
11 | (5) An individual who is considered to be a sexually |
12 | violent predator under section 9795.2(b) or who is otherwise |
13 | required to register for life under section 9795.2(b). |
14 | * * * |
15 | Section 4.2. Section 9795.2(a)(1), (2) introductory |
16 | paragraph, (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) |
17 | introductory paragraph and (5) introductory paragraph, (c)(1), |
18 | (d) and (e) of Title 42 are amended and subsection (a)(2) is |
19 | amended by adding subparagraphs to read: |
20 | § 9795.2. Registration procedures and applicability. |
21 | (a) Registration.-- |
22 | (1) Offenders and sexually violent predators shall be |
23 | required to register with the Pennsylvania State Police upon |
24 | release from incarceration, upon parole from a Federal, State |
25 | [or], county, municipal or private correctional [institution] |
26 | facility or upon the commencement of a sentence of |
27 | intermediate punishment or probation or any other sentence of |
28 | nonconfinement. For purposes of registration, offenders and |
29 | sexually violent predators shall provide the Pennsylvania |
30 | State Police with all current or intended residences[,]; all |
|
1 | information concerning current or intended employment [and]; |
2 | all information concerning current or intended enrollment as |
3 | a student[.]; and all information concerning vehicles owned |
4 | by, or registered to, the offender or sexually violent |
5 | predator. |
6 | (2) For purposes of this paragraph, offenders and |
7 | sexually violent predators shall appear at an approved |
8 | registration site to complete the form designated by the |
9 | Pennsylvania State Police to be used for purposes of |
10 | complying with this subchapter. In the case of an offender |
11 | entering or being released or transferred from a residential |
12 | reentry or correctional facility, the administrator of the |
13 | facility or his designee shall assist in completing the forms |
14 | designated by the Pennsylvania State Police to be used for |
15 | purposes of complying with this subchapter and, immediately |
16 | upon collection, forward all the forms to the Pennsylvania |
17 | State Police. Offenders and sexually violent predators shall |
18 | inform the Pennsylvania State Police within 48 hours of: |
19 | (i) Any establishment or change of residence or |
20 | establishment of an additional residence or residences. |
21 | (ii) [Any] Becoming employed or any change of |
22 | employer or employment location for a period of time that |
23 | will exceed [14] four days during a seven-day period or |
24 | for an aggregate period of time that will exceed [30] 14 |
25 | days during any calendar year, or termination of |
26 | employment. |
27 | * * * |
28 | (iv) Becoming [employed or] enrolled as a student if |
29 | the person has not previously provided that information |
30 | to the Pennsylvania State Police. |
|
1 | (v) Entering, being released or transferred from a |
2 | Federal, State, county, municipal or private correctional |
3 | facility, including a residential reentry facility, due |
4 | to arrest, detainer, parole violation, probation |
5 | violation or sentence of incarceration, if the person's |
6 | stay exceeds 48 hours. |
7 | (vi) No longer residing, being domiciled, employed |
8 | or being enrolled as a student in this Commonwealth. |
9 | (2.1) Registration with a new law enforcement agency |
10 | shall occur no later than 48 hours after establishing |
11 | residence in another state or after moving to another state |
12 | but not establishing a residence there. |
13 | (3) The [ten-year] registration period required in |
14 | section 9795.1(a) and (a.1) (relating to registration) shall |
15 | be tolled when an offender is [recommitted for a parole |
16 | violation or sentenced to an additional term of imprisonment] |
17 | incarcerated, and all time spent in incarceration shall not |
18 | be counted toward an offender's registration period. In such |
19 | cases, the [Department of Corrections or] Federal, State, |
20 | county, municipal or private correctional facility shall |
21 | notify the Pennsylvania State Police of the admission, |
22 | release and transfer of the offender. |
23 | (4) This paragraph shall apply to all offenders and |
24 | sexually violent predators: |
25 | (i) Where the offender or sexually violent predator |
26 | was granted parole by the Pennsylvania Board of Probation |
27 | and Parole or the court or is sentenced to probation |
28 | [or], intermediate punishment or a punishment not |
29 | involving confinement, the board or county office of |
30 | probation and parole shall collect registration |
|
1 | information from the offender or sexually violent |
2 | predator and forward that registration information to the |
3 | Pennsylvania State Police. [The Department of Corrections |
4 | or county] If an offender or a sexually violent predator |
5 | is incarcerated in a Federal, State, county, municipal or |
6 | private correctional facility, including a residential |
7 | reentry facility, the correctional facility shall not |
8 | release nor transfer the offender or sexually violent |
9 | predator until it receives verification from the |
10 | Pennsylvania State Police that [it has received] the |
11 | registration information has been received. Verification |
12 | by the Pennsylvania State Police may occur by electronic |
13 | means, including e-mail or facsimile transmission. Where |
14 | the offender or sexually violent predator is scheduled to |
15 | be released from a [State correctional facility or |
16 | county] correctional facility because of the expiration |
17 | of the maximum term of incarceration, the [Department of |
18 | Corrections or county] correctional facility shall |
19 | collect the information from the offender or sexually |
20 | violent predator no later than ten days prior to the |
21 | maximum expiration date. The registration information |
22 | shall, immediately upon collection, be forwarded to the |
23 | Pennsylvania State Police. |
24 | * * * |
25 | (b) Individuals convicted or sentenced by a court or |
26 | adjudicated delinquent in jurisdictions outside this |
27 | Commonwealth or sentenced by court martial.-- |
28 | (4) An individual who [resides, is employed or is a |
29 | student] is employed, intends to be employed, is a student, |
30 | intends to be a student, resides or enters this Commonwealth |
|
1 | with the purpose of establishing a residence in this |
2 | Commonwealth and who has been convicted of or sentenced by a |
3 | court or court martialed for a sexually violent offense or a |
4 | similar offense under the laws of the United States or one of |
5 | its territories or possessions, another state, the District |
6 | of Columbia, the Commonwealth of Puerto Rico or a foreign |
7 | nation, or who was required to register under a sexual |
8 | offender statute in the jurisdiction where convicted, |
9 | sentenced or court martialed, shall register at an approved |
10 | registration site within 48 hours of the individual's arrival |
11 | in this Commonwealth. The provisions of this subchapter shall |
12 | apply to the individual as follows: |
13 | * * * |
14 | (5) Notwithstanding the provisions of Chapter 63 |
15 | (relating to juvenile matters) and except as provided in |
16 | paragraph (4), an individual who [resides, is employed or is |
17 | a student] is employed, intends to be employed, is a student, |
18 | intends to be a student, resides or enters this Commonwealth |
19 | with the purpose of establishing a residence in this |
20 | Commonwealth and who is required to register as a sex |
21 | offender under the laws of the United States or one of its |
22 | territories or possessions, another state, the District of |
23 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
24 | as a result of a juvenile adjudication shall register at an |
25 | approved registration site within 48 hours of the |
26 | individual's arrival in this Commonwealth. The provisions of |
27 | this subchapter shall apply to the individual as follows: |
28 | * * * |
29 | (c) Registration information to local police.-- |
30 | (1) The Pennsylvania State Police shall provide the |
|
1 | information obtained under this section and sections [9795.3] |
2 | 9795.3(a) (relating to sentencing court information) and 9796 |
3 | (relating to verification of [residence] registration |
4 | information) to the chief law enforcement officers of the |
5 | police departments of the municipalities in which the |
6 | individual will reside, be employed or enrolled as a student. |
7 | In addition, the Pennsylvania State Police shall provide this |
8 | officer with the address at which the individual will reside, |
9 | be employed or enrolled as a student following his release |
10 | from incarceration, parole or probation. |
11 | * * * |
12 | (d) Penalty.--An individual subject to registration under |
13 | former section 9793 (relating to registration of certain |
14 | offenders for ten years) or section [9795.1(a) or (b)] 9795.1 |
15 | who fails to register or verify or update registration |
16 | information with the Pennsylvania State Police as required by |
17 | this section may be subject to prosecution under 18 Pa.C.S. § |
18 | 4915 (relating to failure to comply with registration of sexual |
19 | offenders requirements). |
20 | (e) Registration sites.--An individual subject to [section |
21 | 9795.1] this subchapter shall register and submit to |
22 | fingerprinting and photographing as required by this subchapter |
23 | at approved registration sites. |
24 | Section 4.3. Sections 9795.3 and 9796 heading, (a), (b) and |
25 | (e) and 9798(a)(1) of Title 42 are amended to read: |
26 | § 9795.3. Sentencing court information. |
27 | (a) Duty of sentencing court.--The sentencing court shall |
28 | inform offenders and sexually violent predators at the time of |
29 | sentencing of the provisions of this subchapter. The court |
30 | shall: |
|
1 | (1) Specifically inform the offender or sexually violent |
2 | predator of the duty to register and provide the information |
3 | required for each registration, including verification as |
4 | required in section 9796(a) (relating to verification of |
5 | [residence)] registration information). |
6 | (2) Specifically inform the offender or sexually violent |
7 | predator of the duty to inform the Pennsylvania State Police |
8 | within [ten days] 48 hours if the offender or sexually |
9 | violent predator changes or establishes a residence or |
10 | establishes an additional residence or residences, changes |
11 | employer or employment location for a period of time that |
12 | will exceed [14 days] four days during any seven-day period |
13 | or for an aggregate period of time that will exceed [30] 14 |
14 | days during any calendar year or terminates employment or |
15 | changes institution or location at which the person is |
16 | enrolled as a student or terminates enrollment. In the case |
17 | of a transient, the individual shall provide the Pennsylvania |
18 | State Police with the individual's habitual locale and the |
19 | place where the individual receives mail, including a post |
20 | office box. |
21 | (2.1) Specifically inform the offender or sexually |
22 | violent predator of the duty to inform the Pennsylvania State |
23 | Police within [ten days] 48 hours of becoming employed or |
24 | enrolled as a student if the [person] offender or sexually |
25 | violent predator has not previously provided that information |
26 | to the Pennsylvania State Police. |
27 | (3) Specifically inform the offender or sexually violent |
28 | predator of the duty to register with a new law enforcement |
29 | agency if the offender or sexually violent predator moves to |
30 | another state no later than [ten days] 48 hours after |
|
1 | establishing residence in another state. |
2 | (4) Order the fingerprints and photograph of the |
3 | offender or sexually violent predator to be provided to the |
4 | Pennsylvania State Police upon sentencing. |
5 | (5) Specifically inform the offender or sexually violent |
6 | predator of the duty to register with the appropriate |
7 | authorities in any state in which the offender or sexually |
8 | violent predator is employed, carries on a vocation or is a |
9 | student if the state requires such registration. |
10 | (6) Require the offender or sexually violent predator to |
11 | read and sign a form stating that the duty to register under |
12 | this subchapter has been explained. Where the offender or |
13 | sexually violent predator is incapable of reading, the court |
14 | shall certify the duty to register was explained to the |
15 | offender or sexually violent predator and the offender or |
16 | sexually violent predator indicated an understanding of the |
17 | duty. |
18 | (b) Failure to provide.--Failure on the part of the court to |
19 | provide a sexually violent predator or offender with information |
20 | under this section shall not relieve that predator or offender |
21 | from the requirements of this subchapter. |
22 | § 9796. Verification of [residence] registration information. |
23 | (a) Quarterly verification by sexually violent predators.-- |
24 | The Pennsylvania State Police shall verify the [residence] |
25 | registration information and compliance with counseling as |
26 | provided for in section 9799.4 (relating to counseling of |
27 | sexually violent predators) of sexually violent predators every |
28 | 90 days through the use of a nonforwardable verification form to |
29 | the last reported residence. For the period of registration |
30 | required by section 9795.1 (relating to registration), a |
|
1 | sexually violent predator shall appear quarterly between January |
2 | 5 and January 15, April 5 and April 15, July 5 and July 15 and |
3 | October 5 and October 15 of each calendar year at an approved |
4 | registration site to complete a verification form and to be |
5 | photographed. |
6 | * * * |
7 | (b) Annual verification by offenders.--The Pennsylvania |
8 | State Police shall verify the [residence] registration |
9 | information of offenders. For the period of registration |
10 | required by section 9795.1, an offender shall appear within ten |
11 | days before each annual anniversary date of the offender's |
12 | initial registration under former section 9793 (relating to |
13 | registration of certain offenders for ten years) or section |
14 | 9795.1 at an approved registration site to complete a |
15 | verification form and to be photographed. |
16 | * * * |
17 | (e) Penalty.--An individual subject to registration under |
18 | former section 9793 or section 9795.1(a) or (b) who fails to |
19 | verify his [residence] registration information or to be |
20 | photographed as required by this section may be subject to |
21 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
22 | comply with registration of sexual offenders requirements). |
23 | * * * |
24 | § 9798. Other notification. |
25 | (a) Notice by municipality's chief law enforcement |
26 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
27 | Ch. 91 (relating to criminal history record information), the |
28 | chief law enforcement officer of the full-time or part-time |
29 | police department of the municipality where a sexually violent |
30 | predator lives shall be responsible for providing written notice |
|
1 | as required under this section. |
2 | (1) The notice shall contain: |
3 | (i) The name of the convicted sexually violent |
4 | predator. |
5 | (ii) [The address or addresses at which he resides.] |
6 | The residence of the sexually violent predator. |
7 | (ii.1) The municipality, county and zip code in |
8 | which the sexually violent predator is employed. |
9 | (iii) The offense for which [he] the sexually |
10 | violent predator was convicted, sentenced by a court, |
11 | adjudicated delinquent or court martialed. |
12 | (iv) A statement that [he] the sexually violent |
13 | predator has been determined by court order to be a |
14 | sexually violent predator, which determination has or has |
15 | not been terminated as of a date certain. |
16 | (v) A photograph of the sexually violent predator, |
17 | if available. |
18 | * * * |
19 | Section 4.4. Section 9799(1) of Title 42 is amended to read: |
20 | § 9799. Immunity for good faith conduct. |
21 | The following entities shall be immune from liability for |
22 | good faith conduct under this subchapter: |
23 | (1) The Pennsylvania State Police [and], local law |
24 | enforcement agencies, and agents and employees of the |
25 | Pennsylvania State Police and local law enforcement agencies. |
26 | * * * |
27 | Section 4.5. Section 9799.1 heading, (2) and (4) of Title 42 |
28 | are amended and the section is amended by adding paragraphs to |
29 | read: |
30 | § 9799.1. [Duties of] Pennsylvania State Police. |
|
1 | The Pennsylvania State Police shall: |
2 | * * * |
3 | (2) In consultation with the Department of Corrections, |
4 | the Office of Attorney General, the Pennsylvania Board of |
5 | Probation and Parole and the chairman and the minority |
6 | chairman of the Judiciary Committee of the Senate and the |
7 | chairman and the minority chairman of the Judiciary Committee |
8 | of the House of Representatives, promulgate guidelines |
9 | necessary for the general administration of this subchapter. |
10 | These guidelines shall establish procedures to allow an |
11 | individual subject to the requirements of sections 9795.1 |
12 | (relating to registration) and 9796 (relating to verification |
13 | of [residence] registration information) to fulfill these |
14 | requirements at approved registration sites throughout this |
15 | Commonwealth. The Pennsylvania State Police shall publish a |
16 | list of approved registration sites in the Pennsylvania |
17 | Bulletin and provide a list of approved registration sites in |
18 | any notices sent to individuals required to register under |
19 | section 9795.1. An approved registration site shall be |
20 | capable of submitting fingerprints, photographs and any other |
21 | information required electronically to the Pennsylvania State |
22 | Police. The Pennsylvania State Police shall require that |
23 | approved registration sites submit fingerprints utilizing the |
24 | Integrated Automated Fingerprint Identification System or in |
25 | another manner and in such form as the Pennsylvania State |
26 | Police shall require. The Pennsylvania State Police shall |
27 | require that approved registration sites submit photographs |
28 | utilizing the Commonwealth Photo Imaging Network or in |
29 | another manner and in such form as the Pennsylvania State |
30 | Police shall require. Approved registration sites shall not |
|
1 | be limited to sites managed by the Pennsylvania State Police |
2 | and shall include sites managed by local law enforcement |
3 | agencies that meet the criteria for approved registration |
4 | sites set forth in this paragraph. |
5 | * * * |
6 | (4) Notify, within five business days of receiving the |
7 | offender's or the sexually violent predator's registration, |
8 | the chief law enforcement officers of the police departments |
9 | having primary jurisdiction of the municipalities in which an |
10 | offender or sexually violent predator resides, is employed or |
11 | enrolled as a student of the fact that the offender or |
12 | sexually violent predator has been registered with the |
13 | Pennsylvania State Police pursuant to sections 9795.2 |
14 | (relating to registration procedures and applicability) and |
15 | 9796 (relating to verification of [residence] registration |
16 | information). |
17 | * * * |
18 | (7) The Pennsylvania State Police shall have standing |
19 | and shall be a party in any of the following: |
20 | (i) A proceeding brought by an individual registered |
21 | under former section 9793 (relating to registration of |
22 | certain offenders for ten years) or section 9795.1 to be |
23 | removed from, or contesting their inclusion in, the State |
24 | registry of sexual offenders and sexually violent |
25 | predators. |
26 | (ii) A proceeding to modify a court order concerning |
27 | the terms of an individual's registration under former |
28 | section 9793 or section 9795.1. |
29 | (8) The Pennsylvania State Police may certify and send |
30 | to an authorized user, by electronic transmission or |
|
1 | otherwise, a certification of record or abstract of records |
2 | maintained by the Pennsylvania State Police regarding the |
3 | registration of an offender under this subchapter. |
4 | Permissible uses shall include certifications of an offenders |
5 | initial registration and verification history and history of |
6 | nonregistration or nonverification. The Pennsylvania State |
7 | Police may also certify electronically any documents |
8 | certified to it electronically. Authorized users shall |
9 | include State and local police, district attorneys, agents |
10 | and employees of the Pennsylvania State Police and the Office |
11 | of Attorney General and other persons or entities determined |
12 | by the Pennsylvania State Police and listed by notice in the |
13 | Pennsylvania Bulletin. In any proceeding before the courts or |
14 | administrative bodies of this Commonwealth, documents |
15 | certified by the Pennsylvania State Police under this section |
16 | and offered into evidence by an authorized user shall be |
17 | admissible into evidence. |
18 | Section 4.6. Sections 9799.4 and 9799.9 of Title 42 are |
19 | amended to read: |
20 | § 9799.4. Counseling of sexually violent predators. |
21 | (a) Attendance required.--For the period of registration |
22 | required by section 9795.1(b) (relating to registration), a |
23 | sexually violent predator shall be required to attend at least |
24 | monthly counseling sessions in a program approved by the board |
25 | and be financially responsible for all fees assessed from such |
26 | counseling sessions. The board shall monitor the compliance of |
27 | the sexually violent predator. |
28 | (b) Indigence.--If the sexually violent predator can prove |
29 | to the satisfaction of the court that the person's income and |
30 | support is such that the person cannot afford to pay for the |
|
1 | counseling sessions, that person shall still attend the |
2 | counseling sessions and the [parole office] Pennsylvania Board |
3 | of Probation and Parole shall pay the requisite fees. The court |
4 | may create a standard petition for indigence for use by sexually |
5 | violent predators and the Pennsylvania Board of Probation and |
6 | Parole in the courts of this Commonwealth. Filing fees for the |
7 | determinations shall be waived. Upon request of the Pennsylvania |
8 | Board of Probation and Parole, a sexually violent predator's |
9 | indigence status shall be reviewed by the court and a |
10 | determination shall be made by the court whether the individual |
11 | will remain eligible for funded counseling sessions. |
12 | § 9799.9. Photographs and fingerprinting. |
13 | An individual subject to former section 9793 (relating to |
14 | registration of certain offenders for ten years) or section |
15 | 9795.1 (relating to registration) shall submit to fingerprinting |
16 | and photographing as required by this subchapter at approved |
17 | registration sites. Fingerprinting as required by this |
18 | subchapter shall, at a minimum, require submission of a full set |
19 | of fingerprints. Photographing as required by this subchapter |
20 | shall, at a minimum, require submission to photographs of the |
21 | face and any scars, marks, tattoos or other unique features of |
22 | the individual. Fingerprints and photographs obtained under this |
23 | subchapter may be maintained for use under this subchapter and |
24 | for general law enforcement purposes. |
25 | Section 5. Title 42 is amended by adding sections to read: |
26 | § 9799.10. Expiration. |
27 | The following provisions shall expire one year after the |
28 | effective date of this section: |
29 | Section 9791 (relating to legislative findings and |
30 | declaration of policy). |
|
1 | Section 9792 (relating to definitions). |
2 | Section 9795.1 (relating to registration). |
3 | Section 9795.2 (relating to registration procedures and |
4 | applicability). |
5 | Section 9795.3 (relating to sentencing court |
6 | information). |
7 | Section 9795.4 (relating to assessments). |
8 | Section 9795.5 (relating to exemption from certain |
9 | notifications). |
10 | Section 9796 (relating to verification of registration |
11 | information). |
12 | Section 9797 (relating to victim notification). |
13 | Section 9798 (relating to other notification). |
14 | Section 9798.1 (relating to information made available on |
15 | the Internet). |
16 | Section 9798.2 (relating to administration). |
17 | Section 9798.3 (relating to global positioning system |
18 | technology). |
19 | Section 9799 (relating to immunity for good faith |
20 | conduct). |
21 | Section 9799.1 (relating to duties of Pennsylvania State |
22 | Police). |
23 | Section 9799.2 (relating to duties of Pennsylvania Board |
24 | of Probation and Parole. |
25 | Section 9799.3 (relating to board). |
26 | Section 9799.4 (relating to counseling of sexually |
27 | violent predators). |
28 | Section 9799.7 (relating to exemption from notification |
29 | for certain licensees and their employees). |
30 | Section 9799.8 (relating to annual performance audit). |
|
1 | Section 9799.9 (relating to photographs and |
2 | fingerprinting). |
3 | § 9799.11. Legislative findings and declaration of policy. |
4 | (a) Legislative findings.--The General Assembly finds as |
5 | follows: |
6 | (1) If the public is provided adequate notice and |
7 | information about certain offenders, the community can |
8 | develop constructive plans to prepare themselves and their |
9 | children for the offender's presence in the community. This |
10 | allows communities to meet with law enforcement to prepare |
11 | and obtain information about the rights and responsibilities |
12 | of the community and to provide education and counseling to |
13 | their children. |
14 | (2) These offenders pose a high risk of engaging in |
15 | further offenses, and protection of the public from this type |
16 | of offender is a paramount governmental interest. |
17 | (3) The penal and mental health components of our |
18 | justice system are largely hidden from public view, and lack |
19 | of information from either may result in failure of both |
20 | systems to meet this paramount concern of public safety. |
21 | (4) Overly restrictive confidentiality and liability |
22 | laws governing the release of information about offenders |
23 | have reduced the willingness to release information that |
24 | could be appropriately released under the public disclosure |
25 | laws and have increased risks to public safety. |
26 | (5) Persons found to have committed the offenses have a |
27 | reduced expectation of privacy because of the public's |
28 | interest in public safety and in the effective operation of |
29 | government. |
30 | (6) Release of information about offenders to public |
|
1 | agencies and the general public will further the governmental |
2 | interests of public safety and public scrutiny of the |
3 | criminal and mental health systems so long as the information |
4 | released is rationally related to the furtherance of those |
5 | goals. |
6 | (7) Public safety will be enhanced by making information |
7 | regarding offenders and out-of-State offenders available to |
8 | the public through the Internet and other electronic means. |
9 | (8) Knowledge of whether a person is an offender or out- |
10 | of-State offender could be a significant factor in protecting |
11 | oneself and one's family members, or those in care of a group |
12 | or community organization, from recidivist acts by offenders. |
13 | (9) The technology afforded by the Internet and other |
14 | modern electronic communication methods would make this |
15 | information readily accessible to parents, minors and private |
16 | entities, enabling them to undertake appropriate remedial |
17 | precautions to prevent or avoid placing potential victims at |
18 | risk. |
19 | (b) Declaration of policy.--The General Assembly declares as |
20 | follows: |
21 | (1) It is the intention of the General Assembly to |
22 | protect the safety and general welfare of the people of this |
23 | Commonwealth by providing for registration and community |
24 | notification regarding offenders. |
25 | (2) It is the policy of the Commonwealth to require the |
26 | exchange of relevant information about offenders among public |
27 | agencies and officials and to authorize the release of |
28 | necessary and relevant information about offenders to members |
29 | of the general public as a means of assuring public |
30 | protection and shall not be construed as punitive. |
|
1 | § 9799.12. Definitions. |
2 | The following words and phrases when used in this subchapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Approved registration site." A site in this Commonwealth |
6 | approved by the Pennsylvania State Police at which individuals |
7 | subject to this subchapter may register, update and verify |
8 | registration information as required by this subchapter. |
9 | "Board." The State Sexual Offenders Assessment Board. |
10 | "Class 1 sexual offender." Any individual convicted of a |
11 | Class 1 sexual offense or designated as a Class 1 sexual |
12 | offender by the Pennsylvania State Police under section 9799.15 |
13 | (relating to registration procedures for out-of-State |
14 | offenders). |
15 | "Class 2 sexual offender." Any individual convicted of a |
16 | Class 2 sexual offense or designated as a Class 2 sexual |
17 | offender by the Pennsylvania State Police under section 9799.15 |
18 | (relating to registration procedures for out-of-State |
19 | offenders). |
20 | "Class 3 sexual offender." Any individual convicted of a |
21 | Class 3 sexual offense, or more than one Class 1 or Class 2 |
22 | sexual offense, or designated as a Class 3 sexual offender by |
23 | the Pennsylvania State Police under section 9799.15 (relating to |
24 | registration procedures for out-of-State offenders). |
25 | "Class 1 sexual offense." Any of the following offenses or |
26 | attempt, solicitation or conspiracy to commit any of the |
27 | following offenses: |
28 | 18 Pa.C.S. § 2902(b) (relating to unlawful restraint). |
29 | 18 Pa.C.S. § 2903(b) (relating to false imprisonment). |
30 | 18 Pa.C.S. § 2904 (relating to interference with custody |
|
1 | of children). |
2 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
3 | motor vehicle or structure). |
4 | 18 Pa.C.S. § 3124.2(a) (relating to institutional sexual |
5 | assault). |
6 | 18 Pa.C.S. § 3126(a)(1) (relating to indecent assault). |
7 | 18 Pa.C.S. § 7507.1 (relating to invasion of privacy). |
8 | "Class 2 sexual offense." Any of the following offenses or |
9 | attempt, solicitation or conspiracy to commit any of the |
10 | following offenses: |
11 | 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual |
12 | assault). |
13 | 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) |
14 | (relating to indecent assault). |
15 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
16 | related offenses) and graded under section 5902 (c)(1)(iii). |
17 | 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) |
18 | (relating to obscene and other sexual materials and |
19 | performances). |
20 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
21 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
22 | minor). |
23 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
24 | children). |
25 | "Class 3 sexual offense." Any of the following offenses or |
26 | attempt, solicitation or conspiracy to commit any of the |
27 | following offenses: |
28 | 18 Pa.C.S. § 2901(a.1) (relating to kidnapping). |
29 | 18 Pa.C.S. § 3121 (relating to rape). |
30 | 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual |
|
1 | assault). |
2 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
3 | intercourse). |
4 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
5 | 18 Pa.C.S. § 3124.2(a.1) (relating to institutional |
6 | sexual assault). |
7 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
8 | assault). |
9 | 18 Pa.C.S. § 3126(a)(7) (relating to indecent assault). |
10 | 18 Pa.C.S. § 4302(b) (relating to incest). |
11 | "CLEAN." The Commonwealth Law Enforcement Assistance |
12 | Network. |
13 | "Common interest community." Includes a cooperative, a |
14 | condominium and a planned community where an individual by |
15 | virtue of an ownership interest in any portion of real estate is |
16 | or may become obligated by covenant, easement or agreement |
17 | imposed upon the owner's interest to pay any amount for real |
18 | property taxes, insurance, maintenance, repair, improvement, |
19 | management, administration or regulation of any part of the real |
20 | estate other than the portion or interest owned solely by the |
21 | individual. |
22 | "Employed." Includes carrying on a vocation or employment |
23 | that is full time or part time for a period of time exceeding |
24 | four days during a seven-day period or for an aggregate period |
25 | of time exceeding 14 days during any calendar year, whether |
26 | financially compensated, volunteered, pursuant to a contract or |
27 | for the purpose of government or educational benefit. |
28 | "Habitual locale." The place where a transient can be |
29 | habitually located, including locations an individual frequents, |
30 | or intends to frequent, during the day or night, including, but |
|
1 | not limited to, parks, buildings, libraries and homeless |
2 | shelters. |
3 | "IAFIS." The Integrated Automated Fingerprint Identification |
4 | System. |
5 | "Integrated Automated Fingerprint Identification System." |
6 | The national fingerprint and criminal history system maintained |
7 | by the Federal Bureau of Investigation providing automated |
8 | fingerprint search capabilities, latent searching capability, |
9 | electronic image storage and electronic exchange of fingerprints |
10 | and responses. |
11 | "Juvenile offender." Any individual of any age required to |
12 | register under section 9799.13 (relating to registration) on the |
13 | basis of an adjudication of delinquency. |
14 | "Mental abnormality." A congenital or acquired condition of |
15 | a person that affects the emotional or volitional capacity of |
16 | the person in a manner that predisposes that person to the |
17 | commission of criminal sexual acts to a degree that makes the |
18 | person a menace to the health and safety of other persons. |
19 | "Minor." Any individual less than 18 years of age. |
20 | "Municipality." A city, borough, incorporated town or |
21 | township. |
22 | "Offender." Any individual required to register under |
23 | section 9799.13 (relating to registration). |
24 | "Out-of-State offender." Any individual required to register |
25 | under section 9799.13 (relating to registration) due to a |
26 | conviction or adjudication of delinquency in another |
27 | jurisdiction or to a court-martial. |
28 | "Penetration." Includes any penetration, however slight, of |
29 | the genitals or anus or mouth of another person with a part of |
30 | the person's body or a foreign object for any purpose other than |
|
1 | good faith medical, hygienic or law enforcement procedures. |
2 | "Predatory." An act directed at a stranger or at a person |
3 | with whom a relationship has been initiated, established, |
4 | maintained or promoted, in whole or in part, in order to |
5 | facilitate or support victimization. |
6 | "Present." The location where an offender or out-of-State |
7 | offender resides, is habitually located, is employed or is |
8 | enrolled as a student. |
9 | "Registration information." All of the following information |
10 | concerning the offender: |
11 | (1) Primary given name, including any aliases, |
12 | nicknames, ethnic or tribal names and any pseudonyms, |
13 | regardless of the context in which they are used. |
14 | (2) Valid and purported Social Security number. |
15 | (3) Actual and purported date of birth. |
16 | (4) Place of birth. |
17 | (5) Physical description, including sex, height, weight, |
18 | eye color, hair color, race and any scars, marks, tattoos or |
19 | other unique features of the individual. |
20 | (6) Fingerprints taken and submitted to IAFIS. |
21 | (7) Palm prints taken and submitted to the Federal |
22 | Bureau of Investigation Central Database. |
23 | (8) DNA sample taken and submitted in accordance with 44 |
24 | Pa.C.S. Ch. 23 (relating to DNA data and testing) to the |
25 | State DNA Data Base for entry into the Combined DNA Index |
26 | System (CODIS) in accordance with procedures established by |
27 | the Pennsylvania State Police. The collection of DNA at time |
28 | of collecting registration information or updating or |
29 | verifying registration information is not required if the |
30 | registering official or approved registration site can |
|
1 | confirm that the DNA collection and submission has already |
2 | occurred. |
3 | (9) A digitized copy of a valid driver's license or |
4 | identification card issued to the offender. |
5 | (10) A digitized copy of the offender's passport and |
6 | immigration documents. |
7 | (11) A photograph of the offender's face. |
8 | (12) Any telephone numbers, including landline and cell |
9 | phone numbers, and any other designations used by the |
10 | offender for purposes of routing or self-identification in |
11 | telephonic communications. |
12 | (13) Any e-mail addresses, any instant message addresses |
13 | or identifiers, any designations or monikers used by the |
14 | offender for purposes of routing or self-identification in |
15 | Internet communications or postings. |
16 | (14) The address of each residence at which the offender |
17 | resides or will reside or, in the case of an offender who |
18 | does not have a residence, the offender's habitual locale. |
19 | (15) The location at which the offender receives |
20 | delivery of mail, including a post office box or general |
21 | delivery post office location. |
22 | (16) The name and address of any place where the |
23 | offender is employed or will be employed. |
24 | (17) The name and address of any place where the |
25 | offender attends school or will attend school. |
26 | (18) The license plate number, registration number or |
27 | any other identifier of all vehicles, including land |
28 | vehicles, aircraft or watercraft owned or operated by the |
29 | offender, whether for work or personal use, including a |
30 | description of the vehicle and the permanent or frequent |
|
1 | location where the vehicle is kept. |
2 | (19) Information concerning all licensing authorizing |
3 | the offender to engage in an occupation or carry out a trade |
4 | or business. |
5 | (20) The offenses requiring registration, including a |
6 | citation or link to the provision of law defining the offense |
7 | for which the offender is registered. |
8 | (21) The dates of all arrests, convictions and |
9 | outstanding arrest warrants that have been entered into the |
10 | Commonwealth Law Enforcement Assistance Network, as well as |
11 | the status of the offender's parole, probation, supervised |
12 | release and registration. |
13 | (22) The date or dates of the current or subsequent |
14 | period of incarceration and release from incarceration. |
15 | (23) Forms signed by the offender acknowledging that he |
16 | or she was advised of his or her registration obligations. |
17 | The form and signature may be electronic. |
18 | "Registration start date." The date on which an offender or |
19 | out-of-State offender's registration information is approved and |
20 | entered into the State sexual offender registry by the |
21 | Pennsylvania State Police. |
22 | "Registry official." The person or entity responsible for |
23 | obtaining registration information as set forth in this |
24 | subchapter. |
25 | "Residence." The location of an individual's home or other |
26 | place where the individual habitually resides or intends to |
27 | reside for 30 cumulative days or more during a calendar year. |
28 | The term may include more than one location and be mobile or |
29 | transitory, including, but not limited to, a homeless shelter. |
30 | An individual confined in a State correctional institution or |
|
1 | motivational boot camp shall be considered to be a resident of |
2 | the Department of Corrections. However, an individual confined |
3 | in a community corrections center operated by the Department of |
4 | Corrections or pursuant to a contract between the Department of |
5 | Corrections and a contractor or other provider shall be |
6 | considered a resident of the specific facility where the |
7 | individual is living. |
8 | "Sexually violent offense." Any Class 1, Class 2 or Class 3 |
9 | sexual offense. |
10 | "Sexually violent predator." An individual who has been |
11 | convicted of an offense as set forth under section 9799.13 |
12 | (relating to registration) and who is determined to be a |
13 | sexually violent predator under section 9799.18 (relating to |
14 | assessments) due to a mental abnormality or personality disorder |
15 | that makes the person likely to engage in predatory sexually |
16 | violent offenses. The term includes: |
17 | (1) An individual determined to be a sexually violent |
18 | predator, or other similar designation, if the determination |
19 | occurred in the United States or one of its territories or |
20 | possessions, another state, the District of Columbia, a |
21 | federally recognized Indian tribe, a foreign nation or a |
22 | military tribunal. |
23 | (2) An individual determined to be a sexually violent |
24 | delinquent child under Chapter 64 (relating to court-ordered |
25 | involuntary treatment of certain sexually violent persons), |
26 | regardless of whether the individual has been subsequently |
27 | discharged from involuntary treatment. |
28 | "Similar offense." An offense under a former law of this |
29 | Commonwealth or the laws of the United States or one of its |
30 | territories or possessions, another state, the District of |
|
1 | Columbia, a federally recognized Indian tribe or a foreign |
2 | nation. |
3 | "State sexual offender registry." The Statewide registry of |
4 | offenders and out-of-State offenders maintained by the |
5 | Pennsylvania State Police. |
6 | "Student." A person who is enrolled on a full-time or part- |
7 | time basis in any public or private educational institution, |
8 | including any secondary school, trade or professional |
9 | institution or institution of higher education. |
10 | "Transient." An offender or out-of-State offender who does |
11 | not have a residence and is present in this Commonwealth. |
12 | § 9799.13. Registration. |
13 | (a) General rule.--The following individuals present in this |
14 | Commonwealth shall register with the Pennsylvania State Police |
15 | in accordance with the provisions of this subchapter: |
16 | (1) Individuals who, on or after the effective date of |
17 | this section, are convicted of a Class 1, Class 2 or Class 3 |
18 | sexual offense or a similar offense. |
19 | (2) Individuals who, on or after the effective date of |
20 | this section, are convicted of any Federal or military |
21 | offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and |
22 | (v) (relating to relevant definitions, including Amie Zyla |
23 | expansion of sex offender definition and expanded inclusion |
24 | of child predators) or who, on the effective date of this |
25 | section, are required to register under a sexual offender |
26 | statute in the jurisdiction where the individual was |
27 | convicted, sentenced, adjudicated delinquent or court- |
28 | martialed. |
29 | (3) Individuals who, on or after the effective date of |
30 | this section, are incarcerated, serving a sentence of |
|
1 | intermediate punishment or under the supervision of the |
2 | Pennsylvania Board of Probation and Parole or any Federal or |
3 | county probation and parole office for a Class 1, Class 2 or |
4 | Class 3 sexual offense or a similar offense or for an offense |
5 | enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v). |
6 | (4) Individuals who, on or after the effective date of |
7 | this section, are convicted of or incarcerated, serving a |
8 | sentence of intermediate punishment or under the supervision |
9 | of the Pennsylvania Board of Probation and Parole or any |
10 | county probation and parole office for any felony offense, if |
11 | the individual: |
12 | (i) was previously convicted at any time of a Class |
13 | 1, Class 2 or Class 3 sexual offense or a similar |
14 | offense, regardless of whether the offense was designated |
15 | as a Class 1, Class 2 or Class 3 sexual offense at the |
16 | time of the conviction; |
17 | (ii) was convicted of an offense enumerated in 42 |
18 | U.S.C. § 16911(5)(A)(iii), (iv) and (v); or |
19 | (iii) was previously required to register under a |
20 | sexual offender statute in another jurisdiction and his |
21 | or her registration obligation in that jurisdiction had |
22 | expired prior to the effective date of this section. |
23 | (5) Individuals who, on or after the effective date of |
24 | this section, are adjudicated delinquent following a |
25 | determination by the court that the individual has committed |
26 | any of the following offenses or similar offenses subsequent |
27 | to attaining 14 years of age: |
28 | (i) 18 Pa.C.S. § 901 (relating to criminal attempt) |
29 | if the underlying offense is listed in subparagraph (iv), |
30 | (v) or (vi). |
|
1 | (ii) 18 Pa.C.S. § 902 (relating to criminal |
2 | solicitation) if the underlying offense is listed in |
3 | subparagraph (iv), (v) or (vi). |
4 | (iii) 18 Pa.C.S. § 903 (relating to criminal |
5 | conspiracy) if the underlying offense is listed in |
6 | subparagraph (iv), (v) or (vi). |
7 | (iv) 18 Pa.C.S. § 3121 (relating to rape). |
8 | (v) 18 Pa.C.S. § 3123 (relating to involuntary |
9 | deviate sexual intercourse). |
10 | (vi) 18 Pa.C.S. § 3125 (relating to aggravated |
11 | indecent assault). |
12 | (6) Individuals who, on the effective date of this |
13 | section, are under court-ordered placement in an institution, |
14 | youth development center, camp, institution operated by the |
15 | Department of Public Welfare or other facility designed or |
16 | operated for the benefit of delinquent children, or are on |
17 | probation or otherwise under the supervision of the court due |
18 | to an adjudication of delinquency following a determination |
19 | by the court that the individual has committed any of the |
20 | following offenses or similar offenses subsequent to |
21 | attaining 14 years of age: |
22 | (i) 18 Pa.C.S. § 901 if the underlying offense is |
23 | listed in subparagraph (iv), (v) or (vi). |
24 | (ii) 18 Pa.C.S. § 902 (relating to criminal |
25 | solicitation) if the underlying offense is listed in |
26 | subparagraph (iv), (v) or (vi). |
27 | (iii) 18 Pa.C.S. § 903 if the underlying offense is |
28 | listed in subparagraph (iv), (v) or (vi). |
29 | (iv) 18 Pa.C.S. § 3121. |
30 | (v) 18 Pa.C.S. § 3123. |
|
1 | (vi) 18 Pa.C.S. § 3125. |
2 | (7) Individuals who, on or after the effective date of |
3 | this section, are committed to or receiving involuntary |
4 | treatment in a facility under Chapter 64 (relating to court- |
5 | ordered involuntary treatment of certain sexually violent |
6 | persons). |
7 | (8) Individuals who, on the effective date of this |
8 | section, are registered in the State sexual offender registry |
9 | under this subchapter. |
10 | (b) Natural disaster.--The occurrence of a natural disaster |
11 | or other event requiring evacuation of residences shall not |
12 | relieve an individual of the duty to register or any other duty |
13 | imposed by this chapter. |
14 | (c) Residents in group-based homes.-- |
15 | (1) No group-based home, as that term is defined under |
16 | 61 Pa.C.S. § 6124 (relating to certain offenders residing in |
17 | group-based homes) may provide concurrent residence in the |
18 | group-based home to multiple individuals who are required to |
19 | register under this chapter as sexually violent predators, |
20 | unless the individuals are spouses, siblings or parent and |
21 | child to each other. |
22 | (2) A group-based home that violates paragraph (1) shall |
23 | be subject to a civil penalty in the amount of $2,500 for a |
24 | first violation and in the amount of $5,000 for a second or |
25 | subsequent violation. |
26 | (3) The Pennsylvania State Police or local law |
27 | enforcement agency of jurisdiction shall investigate |
28 | compliance with this subsection and the Attorney General or |
29 | district attorney may commence a civil action in the court of |
30 | common pleas of the county in which a group-based home is |
|
1 | located to impose and collect from the group-based home the |
2 | fine established in paragraph (2). |
3 | § 9799.14. Registration procedures for Pennsylvania offenders. |
4 | (a) Existing offenders.--An offender who, before the |
5 | effective date of this section, was convicted in this |
6 | Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and |
7 | is required to register under section 9799.13 (relating to |
8 | registration) shall register with the Pennsylvania State Police |
9 | by providing registration information to the appropriate |
10 | registering official for inclusion in the State sexual offender |
11 | registry subject to the following: |
12 | (1) If the offender is incarcerated in a State |
13 | correctional facility or county correctional facility, the |
14 | correctional facility shall notify the Pennsylvania State |
15 | Police, not more than 30 days in advance of, but not later |
16 | than ten days prior to, the offender's release from the |
17 | correctional facility. |
18 | (i) The correctional facility shall collect the |
19 | registration information from the offender and forward |
20 | the registration information to the Pennsylvania State |
21 | Police. |
22 | (ii) The correctional facility shall not release the |
23 | offender from custody until the correctional facility |
24 | receives verification from the Pennsylvania State Police |
25 | that the Pennsylvania State Police has received the |
26 | registration information. Verification by the |
27 | Pennsylvania State Police may occur by electronic means. |
28 | (2) If the offender is serving a sentence of |
29 | intermediate punishment or is under the supervision of the |
30 | Pennsylvania Board of Probation and Parole or any county |
|
1 | probation and parole office, the State or county probation |
2 | and parole office shall collect the registration information |
3 | from the offender and forward the registration information to |
4 | the Pennsylvania State Police. |
5 | (b) New offenders.--An offender who, on or after the |
6 | effective date of this section, is convicted in this |
7 | Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and |
8 | is required to register under section 9799.13 shall register |
9 | with the Pennsylvania State Police by providing the registration |
10 | information to the appropriate registering official for |
11 | inclusion in the State sexual offender registry subject to the |
12 | following: |
13 | (1) At the time of sentencing, the court shall require |
14 | the offender to immediately report to the Office of Probation |
15 | and Parole serving that county to register under this |
16 | subchapter. |
17 | (i) The appropriate office of probation and parole |
18 | shall collect the registration information from the |
19 | offender and forward the registration information to the |
20 | Pennsylvania State Police. |
21 | (ii) The court shall not authorize release of the |
22 | offender from custody until the appropriate office of |
23 | probation and parole serving that county receives |
24 | verification from the Pennsylvania State Police that the |
25 | Pennsylvania State Police has received the registration |
26 | information. Verification by the Pennsylvania State |
27 | Police may occur by electronic means. |
28 | (2) If the offender is incarcerated in a State |
29 | correctional facility or county correctional facility, the |
30 | correctional facility shall notify the Pennsylvania State |
|
1 | Police, not more than 30 days in advance of, but not later |
2 | than ten days prior to, the offender's release from the |
3 | correctional facility. |
4 | (i) The correctional facility shall ensure that |
5 | registration information for the offender has been |
6 | submitted to the Pennsylvania State Police. |
7 | (ii) If registration information has not been |
8 | submitted to the Pennsylvania State Police, the |
9 | correctional facility shall collect the registration |
10 | information from the offender and forward the |
11 | registration information to the Pennsylvania State |
12 | Police. |
13 | (iii) The correctional facility shall also report |
14 | any changes to the registration information on file with |
15 | the Pennsylvania State Police. |
16 | (iv) The correctional facility may not release the |
17 | offender until the correctional facility receives |
18 | verification from the Pennsylvania State Police that the |
19 | Pennsylvania State Police has received all registration |
20 | information. Verification by the Pennsylvania State |
21 | Police may occur by electronic means. |
22 | (c) Other new offenders.--An offender who, on or after the |
23 | effective date of this section, is convicted of or incarcerated, |
24 | serving a sentence of intermediate punishment or is under the |
25 | supervision of the Pennsylvania Board of Probation and Parole or |
26 | any county probation and parole office for any felony offense |
27 | and is required to register under section 9799.13 due to a prior |
28 | conviction shall register with the Pennsylvania State Police by |
29 | providing the registration information to the appropriate |
30 | registering official for inclusion in the State sexual offender |
|
1 | registry subject to the following: |
2 | (1) At the time of sentencing for a felony offense, the |
3 | court shall require the offender to immediately report to the |
4 | office of probation and parole serving that county to |
5 | register under this subchapter. |
6 | (i) The appropriate office of probation and parole |
7 | shall collect the registration information from the |
8 | offender and forward the registration information to the |
9 | Pennsylvania State Police. |
10 | (ii) The court may not authorize release of the |
11 | offender from custody until the appropriate office of |
12 | probation and parole serving that county receives |
13 | verification from the Pennsylvania State Police that the |
14 | Pennsylvania State Police has received the registration |
15 | information. Verification by the Pennsylvania State |
16 | Police may occur by electronic means. |
17 | (2) If the offender is incarcerated in a State |
18 | correctional facility or county correctional facility, the |
19 | correctional facility shall notify the Pennsylvania State |
20 | Police not more than 30 days in advance of, but not later |
21 | than ten days prior to, the offender's release from the |
22 | correctional facility. |
23 | (i) The correctional facility shall ensure that |
24 | registration information for the offender has been |
25 | submitted to the Pennsylvania State Police. |
26 | (ii) If registration information has not been |
27 | submitted to the Pennsylvania State Police, the |
28 | correctional facility shall collect the registration |
29 | information from the offender and forward the |
30 | registration information to the Pennsylvania State |
|
1 | Police. |
2 | (iii) The correctional facility shall also report |
3 | any changes to the registration information on file with |
4 | the Pennsylvania State Police. |
5 | (iv) The correctional facility may not release the |
6 | offender from custody until the correctional facility |
7 | receives verification from the Pennsylvania State Police |
8 | that the Pennsylvania State Police has received all |
9 | registration information. Verification by the |
10 | Pennsylvania State Police may occur by electronic means. |
11 | (3) If the offender is serving a sentence of |
12 | intermediate punishment or is under the supervision of the |
13 | Pennsylvania Board of Probation and Parole or any county |
14 | probation and parole office for a felony offense, the |
15 | appropriate probation and parole office shall collect the |
16 | registration information from the offender and forward the |
17 | registration information to the Pennsylvania State Police. |
18 | (d) Delinquency.-- |
19 | (1) This subsection applies to an offender who meets all |
20 | of the following requirements: |
21 | (i) On or after the effective date of this section, |
22 | is adjudicated delinquent following a determination by |
23 | the court that the individual has committed any of the |
24 | following offenses or similar offenses subsequent to |
25 | attaining 14 years of age: |
26 | (A) 18 Pa.C.S. § 901 (relating to criminal |
27 | attempt) if the underlying offense is listed in |
28 | clause (D), (E) or (F). |
29 | (B) 18 Pa.C.S. § 902 (relating to criminal |
30 | solicitation) if the underlying offense is listed in |
|
1 | clause (D), (E) or (F). |
2 | (C) 18 Pa.C.S. § 903 (relating to criminal |
3 | conspiracy) if the underlying offense is listed in |
4 | clause (D), (E) or (F). |
5 | (D) 18 Pa.C.S. § 3121 (relating to rape). |
6 | (E) 18 Pa.C.S. § 3123 (relating to involuntary |
7 | deviate sexual intercourse). |
8 | (F) 18 Pa.C.S. § 3125 (relating to aggravated |
9 | indecent assault). |
10 | (ii) Is required to register under section 9799.13. |
11 | (2) This subsection applies to an offender who meets all |
12 | of the following requirements: |
13 | (i) On the effective date of this section, is under |
14 | court-ordered placement in an institution, youth |
15 | development center, camp, institution operated by the |
16 | Department of Public Welfare or other facility designed |
17 | or operated for the benefit of delinquent children, or is |
18 | on probation or otherwise under the supervision of the |
19 | court, due to an adjudication of delinquency following a |
20 | determination by the court that the individual has |
21 | committed any of the following offenses subsequent to |
22 | attaining 14 years of age: |
23 | (A) 18 Pa.C.S. § 901 if the underlying offense |
24 | is listed in clause (D), (E) or (F). |
25 | (B) 18 Pa.C.S. § 902 if the underlying offense |
26 | is listed in clause (D), (E) or (F). |
27 | (C) 18 Pa.C.S. § 903 if the underlying offense |
28 | is listed in clause (D), (E) or (F). |
29 | (D) 18 Pa.C.S. § 3121. |
30 | (E) 18 Pa.C.S. § 3123. |
|
1 | (F) 18 Pa.C.S. § 3125. |
2 | (ii) Is required to register under section 9799.13. |
3 | (3) An offender subject to paragraph (1) or (2) shall |
4 | register with the Pennsylvania State Police by providing |
5 | registration information to the appropriate registering |
6 | official for inclusion in the State sexual offender registry. |
7 | The following apply: |
8 | (i) At the time of disposition of an offender |
9 | subject to the provisions of paragraph (1), the court |
10 | shall specifically classify the offender as a juvenile |
11 | offender subject to this subchapter in accordance with |
12 | section 9799.17(a)(6) (relating to court notification and |
13 | classification requirements) and shall require the |
14 | offender to immediately register under this subchapter. |
15 | The chief juvenile probation officer of the court shall |
16 | ensure the collection of the registration information |
17 | from the offender and forward the registration |
18 | information to the Pennsylvania State Police. The court |
19 | shall not release the offender from its custody until it |
20 | receives verification from the Pennsylvania State Police |
21 | that it has received the registration information. |
22 | Verification by the Pennsylvania State Police may occur |
23 | by electronic means. |
24 | (ii) If the offender who is subject to the |
25 | provisions of paragraph (2) is under court-ordered |
26 | placement in any institution, youth development center, |
27 | camp, institution operated by the Department of Public |
28 | Welfare or other facility designed or operated for the |
29 | benefit of delinquent children, the chief juvenile |
30 | probation officer of the court which entered the order |
|
1 | shall, within ten days of the effective date of this |
2 | section, inform the director of the facility that the |
3 | offender is subject to registration under section |
4 | 9799.13. The director of the facility, or a designee, |
5 | shall notify the Pennsylvania State Police not more than |
6 | 30 days in advance of, but not later than ten days prior |
7 | to, the offender's release from the facility. The |
8 | director of the facility, with the assistance of the |
9 | chief juvenile probation officer, shall make the offender |
10 | available for and facilitate the collection of the |
11 | registration information from the offender as instructed |
12 | by the Pennsylvania State Police and forward the |
13 | registration information to the Pennsylvania State |
14 | Police. The facility shall not release the offender until |
15 | it receives verification from the Pennsylvania State |
16 | Police that it has received the registration information. |
17 | Verification by the Pennsylvania State Police may occur |
18 | by electronic means. |
19 | (iii) If the offender who is subject to the |
20 | provisions of paragraph (2) is on probation or otherwise |
21 | under the supervision of the court, the chief juvenile |
22 | probation officer of the court shall ensure collection of |
23 | the registration information from the offender and |
24 | forward the registration information to the Pennsylvania |
25 | State Police. |
26 | (e) Receiving involuntary treatment.-- |
27 | (1) This subsection applies to an offender who meets all |
28 | of the following requirements: |
29 | (i) On the effective date of this section, is |
30 | receiving involuntary treatment in a facility designated |
|
1 | by the Department of Public Welfare under Chapter 64 |
2 | (relating to court-ordered involuntary treatment of |
3 | certain sexually violent persons). |
4 | (ii) Is required to register under section 9799.13. |
5 | (2) An offender subject to paragraph (1) shall register |
6 | with the Pennsylvania State Police by providing registration |
7 | information to the appropriate registering official for |
8 | inclusion in the State sexual offender registry. The |
9 | following shall apply: |
10 | (i) Within 60 days of the effective date of this |
11 | section, the director of the facility shall make the |
12 | offender available for and facilitate the collection of |
13 | the registration information from the offender as |
14 | instructed by the Pennsylvania State Police and forward |
15 | that information to the Pennsylvania State Police. |
16 | (ii) The director of the facility, or a designee, |
17 | shall notify the Pennsylvania State Police of the dates |
18 | of any review hearing, the submission of an outpatient |
19 | treatment plan under section 6404 (relating to duration |
20 | of inpatient commitment and review) or the filing of a |
21 | petition for discharge under section 6404.2 (relating to |
22 | outpatient commitment and review) and shall provide to |
23 | the Pennsylvania State Police copies of all court orders |
24 | resulting from the hearing or petition. |
25 | (iii) Notwithstanding any other provision of law, |
26 | the court, upon determining that the offender will be |
27 | transferred to involuntary outpatient treatment or |
28 | discharged, shall require the offender to immediately |
29 | update the registration information collected under this |
30 | subchapter and shall not order transfer of or discharge |
|
1 | the offender until the court receives verification from |
2 | the Pennsylvania State Police that it has received the |
3 | updated registration information. The director of the |
4 | facility, or a designee, shall make the offender |
5 | available for and facilitate the collection of the |
6 | updated registration information as instructed by the |
7 | Pennsylvania State Police and forward that information to |
8 | the Pennsylvania State Police. Verification by the |
9 | Pennsylvania State Police that it has received the |
10 | updated registration information may occur by electronic |
11 | means. |
12 | (f) Subsequent commitment to involuntary treatment.-- |
13 | (1) This subsection applies to an offender who meets all |
14 | of the following requirements: |
15 | (i) On or after the effective date of this section, |
16 | is committed to involuntary treatment in a facility |
17 | designated by the Department of Public Welfare under |
18 | Chapter 64. |
19 | (ii) Is required to register under section 9799.13. |
20 | (2) An offender subject to paragraph (1) shall register |
21 | with the Pennsylvania State Police by providing registration |
22 | information to the appropriate registering official for |
23 | inclusion in the State sexual offender registry. The |
24 | following apply: |
25 | (i) At the time of the commitment, the court shall |
26 | require the offender to immediately register under this |
27 | subchapter. The chief juvenile probation officer of the |
28 | court shall ensure the collection of the registration |
29 | information from the offender and forward the |
30 | registration information to the Pennsylvania State |
|
1 | Police. Verification by the Pennsylvania State Police may |
2 | occur by electronic means. |
3 | (ii) The director of the facility, or a designee, |
4 | shall notify the Pennsylvania State Police of the dates |
5 | of any review hearing, the submission of an outpatient |
6 | treatment plan under section 6404 or the filing of a |
7 | petition for discharge under section 6404.2 and shall |
8 | provide to the Pennsylvania State Police copies of all |
9 | court orders resulting from the hearing or petition. |
10 | (iii) Notwithstanding any other provision of law, |
11 | the court, upon determining that the offender will be |
12 | transferred to involuntary outpatient treatment or |
13 | discharged, shall require the offender to immediately |
14 | update the registration information collected under this |
15 | subchapter and shall not order transfer of or discharge |
16 | the offender until the court receives verification from |
17 | the Pennsylvania State Police that it has received the |
18 | updated registration information. The director of the |
19 | facility, or a designee, shall make the offender |
20 | available for and facilitate the collection of updated |
21 | registration information as instructed by the |
22 | Pennsylvania State Police and forward that information to |
23 | the Pennsylvania State Police. Verification by the |
24 | Pennsylvania State Police that it has received the |
25 | updated registration information may occur by electronic |
26 | means. |
27 | (g) Refusal to provide registration information.-- |
28 | (1) This subsection applies to an offender who is |
29 | scheduled: |
30 | (i) to be released from a: |
|
1 | (A) State correctional facility; |
2 | (B) county correctional facility; |
3 | (C) facility designed or operated for the |
4 | benefit of delinquent children; or |
5 | (D) facility designated by the Department of |
6 | Public Welfare under Chapter 64; or |
7 | (ii) to commence a sentence of probation, parole or |
8 | intermediate punishment. |
9 | (2) If an offender subject to paragraph (1) refuses to |
10 | provide registration information or report a change in |
11 | registration information, the facility or probation and |
12 | parole office shall notify the Pennsylvania State Police or |
13 | police department with primary jurisdiction of the location |
14 | of the offender. |
15 | (3) The Pennsylvania State Police or police department |
16 | with primary jurisdiction shall locate and arrest the |
17 | offender for a violation of 18 Pa.C.S. § 4915 (relating to |
18 | failure to comply with registration of sexual offenders |
19 | requirements). |
20 | (h) Appearance required for change of registration |
21 | information.-- |
22 | (1) An offender shall appear in person at an approved |
23 | registration site to complete a change of information form |
24 | within 72 hours of any change in registration information. |
25 | (2) When an offender has been reincarcerated or |
26 | recommitted to a facility referred to in subsection (g)(1) |
27 | (i), for any reason, the facility shall update the offender's |
28 | registration information. |
29 | (3) The correctional facility shall not release the |
30 | offender from custody until the correctional facility |
|
1 | receives verification from the Pennsylvania State Police that |
2 | the Pennsylvania State Police has received the registration |
3 | information. Verification by the Pennsylvania State Police |
4 | may occur by electronic means. |
5 | (i) Appearance required after release.--An offender subject |
6 | to registration under section 9799.13 who has not submitted |
7 | registration information under the procedures in this section |
8 | shall appear in person at an approved registration site within |
9 | 72 hours of release from sentencing or release from |
10 | incarceration. |
11 | (j) Notice required prior to travel outside Commonwealth.-- |
12 | (1) An offender shall provide notice to the Pennsylvania |
13 | State Police at least ten days before traveling outside this |
14 | Commonwealth and at least 21 days before traveling outside |
15 | the United States, provided the offender will be outside this |
16 | Commonwealth for at least seven days. |
17 | (2) The offender shall specify the place at which the |
18 | offender will be located outside this Commonwealth and the |
19 | purposes of and the duration of the travel. |
20 | (k) Appearance required prior to temporary lodgings.--An |
21 | offender who resides or is habitually located in this |
22 | Commonwealth and who will travel from the offender's residence |
23 | or habitual locale to any location for at least seven days |
24 | shall, not less than ten days in advance of travel, appear at an |
25 | approved registration site and notify the Pennsylvania State |
26 | Police of the place at which the offender will be temporarily |
27 | lodged and the duration of the travel. |
28 | (l) Registration information to law enforcement.-- |
29 | (1) As follows: |
30 | (i) The Pennsylvania State Police shall provide the |
|
1 | information obtained under this section to the district |
2 | attorney of the county or counties in which the |
3 | individual will be present, the chief law enforcement |
4 | officers of the police departments of the municipalities |
5 | in which the individual will be present and the probation |
6 | or parole office where the individual will be present. |
7 | (ii) The Pennsylvania State Police shall notify the |
8 | sexual offender registry of any other jurisdiction with |
9 | which the individual is registered. |
10 | (2) As follows: |
11 | (i) The Pennsylvania State Police shall provide |
12 | notice to the chief law enforcement officers of the |
13 | police departments of the municipalities notified |
14 | pursuant to paragraph (1) when an individual fails to |
15 | comply with the registration requirements of this section |
16 | and request, as appropriate, that the police departments |
17 | assist in locating and apprehending the individual. |
18 | (ii) The Pennsylvania State Police shall notify the |
19 | United States Marshals Service of the individual's |
20 | failure to comply. |
21 | (3) The Pennsylvania State Police shall provide notice |
22 | to the chief law enforcement officers of the police |
23 | departments of the municipalities notified pursuant to |
24 | paragraph (1) when the Pennsylvania State Police are in |
25 | receipt of information indicating that the individual will no |
26 | longer be present in the municipality. |
27 | (4) As follows: |
28 | (i) If an offender informs the Pennsylvania State |
29 | Police of the offender's intent to travel outside or be |
30 | temporarily lodged outside this Commonwealth, the |
|
1 | Pennsylvania State Police shall, within 72 hours of being |
2 | notified, inform the jurisdiction where the offender |
3 | intends to travel or be temporarily lodged. |
4 | (ii) When an offender informs the Pennsylvania State |
5 | Police of the offender's intent to travel outside or be |
6 | temporarily lodged outside the United States, the |
7 | Pennsylvania State Police shall, within 72 hours of being |
8 | notified, inform the United States Marshals Service. |
9 | (m) Penalty.--An offender who fails to comply with the |
10 | requirements of this subchapter is subject to prosecution under |
11 | 18 Pa.C.S. § 4915. |
12 | § 9799.15. Registration procedures for out-of-State offenders. |
13 | (a) General duties.-–An out-of-State offender who is |
14 | required to register under section 9799.13 (relating to |
15 | registration) shall: |
16 | (1) Appear in person at an approved registration site |
17 | within 72 hours of the offender's arrival in this |
18 | Commonwealth. |
19 | (2) Provide the required registration information to an |
20 | appropriate official for inclusion in the State sexual |
21 | offender registry. |
22 | (b) Classification.-- |
23 | (1) The Pennsylvania State Police shall classify an out- |
24 | of-State offender as a Class 1, Class 2 or Class 3 sexual |
25 | offender or sexually violent predator based on whether the |
26 | offender's offense is similar to those specified in this |
27 | subchapter or upon the offender's classification in the |
28 | jurisdiction of conviction or court-martial, whichever is |
29 | greater. If an individual is registered solely due to a |
30 | requirement to register under a sexual offender statute in |
|
1 | another jurisdiction and the individual's conviction is not |
2 | similar to an offense specified in this subchapter, nor is |
3 | the individual classified in the individual's state of |
4 | conviction, the Pennsylvania State Police shall classify the |
5 | out-of-State offender as a Class 1 sexual offender. |
6 | (2) If an individual is registered solely due to the |
7 | individual's conviction for an offense specified in 42 U.S.C. |
8 | § 16911(5)(A)(iii) (relating to relevant definitions, |
9 | including Amie Zyla expansion of sex offender definition and |
10 | expanded inclusion of child predators) and the conviction |
11 | does not equate to a Class 1, Class 2 or Class 3 sexual |
12 | offense, the offender shall be classified based upon the |
13 | criteria specified in 42 U.S.C. § 16911. |
14 | (3) If an individual registered due to an adjudication |
15 | of delinquency for an offense equivalent to an offense listed |
16 | under section 9799.13, the offender shall be classified as a |
17 | juvenile offender and subject to the same provisions |
18 | applicable to Pennsylvania juvenile offenders under this |
19 | subchapter. |
20 | (c) Appearance required for change of registration |
21 | information.-- |
22 | (1) An out-of-State offender shall appear in person at |
23 | an approved registration site to complete a change of |
24 | information form within 72 hours of any change in |
25 | registration information. |
26 | (2) If an out-of-State offender has been |
27 | incarcerated or committed to a facility in this Commonwealth |
28 | for any reason, the State correctional facility, county |
29 | correctional facility, facility designed or operated for the |
30 | benefit of delinquent children or facility designated by the |
|
1 | Department of Public Welfare under Chapter 64 (relating to |
2 | court-ordered involuntary treatment of certain sexually |
3 | violent persons) shall update the out-of-State offender's |
4 | registration and notify the Pennsylvania State Police within |
5 | 72 hours of intake. |
6 | (3) If an out-of-State offender has been incarcerated or |
7 | committed to a facility in this Commonwealth for any reason, |
8 | the State correctional facility, county correctional |
9 | facility, facility designed or operated for the benefit of |
10 | delinquent children or facility designated by the Department |
11 | of Public Welfare under Chapter 64 shall not release the out- |
12 | of-State offender from custody until it has received |
13 | verification from the Pennsylvania State Police that the |
14 | Pennsylvania State Police has received the registration |
15 | information. Verification by the Pennsylvania State Police |
16 | may occur by electronic means. |
17 | (d) Notice required prior to travel outside Commonwealth.-- |
18 | (1) An out-of-State offender registered under this |
19 | subchapter shall provide notice to the Pennsylvania State |
20 | Police at least ten days before traveling outside this |
21 | Commonwealth and at least 21 days before traveling outside |
22 | the United States, provided the offender will be outside this |
23 | Commonwealth for at least seven days. |
24 | (2) The out-of-State offender shall specify the place at |
25 | which the out-of-State offender will be located outside this |
26 | Commonwealth and the purposes of and the duration of the |
27 | travel. |
28 | (e) Appearance required prior to temporary lodgings.--An |
29 | out-of-State offender who resides or is habitually located in |
30 | this Commonwealth who will be away from the offender's residence |
|
1 | or habitual locale at any location for at least seven days |
2 | shall, not less than five days in advance of travel, appear at |
3 | an approved registration site and notify the Pennsylvania State |
4 | Police of the place at which the offender will be temporarily |
5 | lodged and the duration of the travel. |
6 | (f) Duties for offenders in custody or under supervision.-- |
7 | Notwithstanding the provisions of this section, an out-of-State |
8 | offender who is incarcerated in a Pennsylvania correctional |
9 | facility serving a sentence of intermediate punishment or |
10 | otherwise under the supervision of the Pennsylvania Board of |
11 | Probation and Parole or any county probation and parole office |
12 | shall register in accordance with the provisions of this |
13 | section. |
14 | (g) Registration information to law enforcement.-- |
15 | (1) (i) The Pennsylvania State Police shall provide the |
16 | information obtained under this section to the district |
17 | attorney of the county or counties in which the |
18 | individual will be present, the chief law enforcement |
19 | officers of the police departments of the municipalities |
20 | in which the individual will be present and the probation |
21 | or parole office where the individual will be present. |
22 | (ii) The Pennsylvania State Police shall notify the |
23 | sexual offender registry of any other jurisdiction with |
24 | which the individual is registered. |
25 | (2) (i) The Pennsylvania State Police shall provide |
26 | notice to the chief law enforcement officers of the |
27 | police departments of the municipalities notified |
28 | pursuant to paragraph (1) when an individual fails to |
29 | comply with the registration requirements of this section |
30 | and request, as appropriate, that the police departments |
|
1 | assist in locating and apprehending the individual. |
2 | (ii) The Pennsylvania State Police shall notify the |
3 | United States Marshals Service of the individual's |
4 | failure to comply. |
5 | (3) The Pennsylvania State Police shall provide notice |
6 | to the chief law enforcement officers of the police |
7 | departments of the municipalities notified pursuant to |
8 | paragraph (1) when the Pennsylvania State Police are in |
9 | receipt of information indicating that the individual will no |
10 | longer be present in the municipality. |
11 | (4) (i) If an out-of-State offender informs the |
12 | Pennsylvania State Police of the offender's intent to |
13 | travel outside or be temporarily lodged outside this |
14 | Commonwealth, the Pennsylvania State Police shall, within |
15 | 72 hours of being notified, inform the jurisdiction where |
16 | the offender or out-of-State offender intends to travel |
17 | or be temporarily lodged. |
18 | (ii) When an offender or out-of-State offender |
19 | informs the Pennsylvania State Police of the offender's |
20 | intent to travel outside or be temporarily lodged outside |
21 | the United States, the Pennsylvania State Police shall, |
22 | within 72 hours of being notified, inform the United |
23 | States Marshals Service. |
24 | (h) Penalty.--An out-of-State offender who fails to comply |
25 | with the requirements of this subchapter is subject to |
26 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
27 | comply with registration of sexual offenders requirements). |
28 | § 9799.16. Length of registration. |
29 | (a) Classifications.--Offenders, out-of-State offenders, |
30 | juvenile offenders and sexually violent predators shall register |
|
1 | in accordance with this subchapter for the following periods of |
2 | time: |
3 | (1) Class 1 sexual offenders and Class 1 out-of-State |
4 | offenders shall register for 15 years. |
5 | (2) Class 2 sexual offenders, Class 2 out-of-State |
6 | offenders and juvenile offenders shall register for 25 years. |
7 | (3) Class 3 sexual offenders, Class 3 out-of-State |
8 | offenders and sexually violent predators shall register for |
9 | life. |
10 | (b) Tolling.--The registration periods required by this |
11 | subchapter shall be tolled when an offender, out-of-State |
12 | offender or juvenile offender is in custody or civilly committed |
13 | for any reason. |
14 | § 9799.17. Court notification and classification requirements. |
15 | (a) Notice to and classification of offenders.--At the time |
16 | of sentencing, juvenile delinquency disposition or commitment |
17 | for involuntary treatment under Chapter 64 (relating to court- |
18 | ordered involuntary treatment of certain sexually violent |
19 | persons), the court shall inform offenders of the provisions of |
20 | this subchapter. The court shall: |
21 | (1) Specifically inform the offender of the duty to |
22 | register and require the offender to register immediately |
23 | following sentencing or disposition in accordance with this |
24 | subchapter. |
25 | (2) Specifically inform the offender of the duty to |
26 | verify the offender's registration in accordance with this |
27 | subchapter, and the duty to update the offender's |
28 | registration information with the Pennsylvania State Police |
29 | within 72 hours of any change in registration information. |
30 | (3) Specifically inform the offender of the duty to |
|
1 | notify the Pennsylvania State Police within 72 hours if the |
2 | offender intends to leave this Commonwealth or if the |
3 | offender intends to establish an additional residence, place |
4 | of employment or attend school in another jurisdiction. The |
5 | court shall also inform the offender of the duty to register |
6 | in the new jurisdiction with the relevant law enforcement |
7 | agency no later than 72 hours after arrival in that |
8 | jurisdiction. |
9 | (4) Specifically inform the offender of the duty to |
10 | register with the appropriate authorities in any state in |
11 | which the offender is employed, carries on a vocation or is a |
12 | student if the state requires registration. |
13 | (5) Require the offender to read and sign a form stating |
14 | that the duty to register under this subchapter has been |
15 | explained. If the offender is incapable of speaking, reading |
16 | or writing the English language, the court shall certify the |
17 | duty to register was explained to the offender, and the |
18 | offender indicated an understanding of the duty. |
19 | (6) Specifically classify the offender as a Class 1, |
20 | Class 2 or Class 3 sexual offender, sexually violent predator |
21 | or juvenile offender subject to this subchapter. |
22 | (b) Supplemental notice.--Notice shall also be provided to |
23 | an individual a court is sentencing for a crime, if that crime |
24 | is a felony and the individual was previously convicted at any |
25 | time of a Class 1, Class 2 or Class 3 sexual offense or a |
26 | similar offense or was convicted of an offense specified in 42 |
27 | U.S.C. § 16911(5)(A)(iii), (iv) and (v) (relating to relevant |
28 | definitions, including Amie Zyla expansion of sex offender |
29 | definition and expanded inclusion of child predators). |
30 | (c) Mandatory registration.--All offenders must register in |
|
1 | accordance with this subchapter. |
2 | (1) A failure by a court to provide the information |
3 | required in this section, to correctly inform an offender of |
4 | the offender's obligations or to require an offender to |
5 | register shall not free an offender from the registration |
6 | requirements as stated in this subchapter. |
7 | (2) As registration pursuant to this subchapter is a |
8 | collateral civil consequence of an offender's conviction, |
9 | adjudication of delinquency or commitment for involuntary |
10 | treatment, and is not to be construed as punitive, no court |
11 | shall have the authority to exempt an offender from |
12 | registration pursuant to this subchapter or otherwise modify |
13 | the terms of an offender's registration. |
14 | § 9799.18. Assessments. |
15 | (a) Order for assessment.--After conviction but before |
16 | sentencing, a court shall order an individual convicted of a |
17 | Class 1, Class 2 or Class 3 sexual offense to be assessed by the |
18 | board. The order for an assessment shall be sent to the |
19 | administrative officer of the board within ten days of the date |
20 | of conviction for a Class 1, Class 2 or Class 3 sexual offense. |
21 | (b) Assessment.--Upon receipt from the court of an order for |
22 | an assessment, a member of the board as designated by the |
23 | administrative officer of the board shall conduct an assessment |
24 | of the individual to determine if the individual should be |
25 | classified as a sexually violent predator. The board shall |
26 | establish standards for evaluations and for evaluators |
27 | conducting the assessments. An assessment shall include, but not |
28 | be limited to, an examination of the following: |
29 | (1) Facts of the current offense, including: |
30 | (i) Whether the offense involved multiple victims. |
|
1 | (ii) Whether the individual exceeded the means |
2 | necessary to achieve the offense. |
3 | (iii) The nature of the sexual contact with the |
4 | victim. |
5 | (iv) Relationship of the individual to the victim. |
6 | (v) Age of the victim. |
7 | (vi) Whether the offense included a display of |
8 | unusual cruelty by the individual during the commission |
9 | of the crime. |
10 | (vii) The mental capacity of the victim. |
11 | (2) Prior offense history, including: |
12 | (i) The individual's prior criminal record. |
13 | (ii) Whether the individual completed any prior |
14 | sentences. |
15 | (iii) Whether the individual participated in |
16 | available programs for sexual offenders. |
17 | (3) Characteristics of the individual, including: |
18 | (i) Age. |
19 | (ii) Use of illegal drugs. |
20 | (iii) Any mental illness, mental disability or |
21 | mental abnormality. |
22 | (iv) Behavioral characteristics that contribute to |
23 | the individual's conduct. |
24 | (4) Factors that are supported in a sexual offender |
25 | assessment field as criteria reasonably related to the risk |
26 | of re-offense. |
27 | (c) Release of information.--All State, county and local |
28 | agencies, offices and entities in this Commonwealth, including |
29 | juvenile probation officers, shall cooperate by providing copies |
30 | of records and information as requested by the board in |
|
1 | connection with the court-ordered assessment and the assessment |
2 | requested by the Pennsylvania Board of Probation and Parole or |
3 | the assessment of a delinquent child under section 6358 |
4 | (relating to assessment of delinquent children by the State |
5 | Sexual Offenders Assessment Board). |
6 | (d) Submission of report by board.--The board shall have 90 |
7 | days from the date of conviction of the individual to submit a |
8 | written report containing its assessment to the district |
9 | attorney. |
10 | (d.1) Summary of offense.--The board shall prepare a |
11 | description of the offense or offenses that trigger the |
12 | application of this subchapter to include, but not be limited |
13 | to: |
14 | (1) A concise narrative of the offender's conduct. |
15 | (2) Whether the victim was a minor. |
16 | (3) The manner of weapon or physical force used or |
17 | threatened. |
18 | (4) If the offense involved unauthorized entry into a |
19 | room or vehicle occupied by the victim. |
20 | (5) If the offense was part of a course or pattern of |
21 | conduct involving multiple incidents or victims. |
22 | (6) Previous instances in which the offender was |
23 | determined guilty of an offense subject to this subchapter or |
24 | of a crime of violence as defined in section 9714(g) |
25 | (relating to sentences for second and subsequent offenses). |
26 | (e) Hearing.-- |
27 | (1) A hearing to determine whether the individual is a |
28 | sexually violent predator shall be scheduled upon the |
29 | praecipe filed by the district attorney. The district |
30 | attorney upon filing a praecipe shall serve a copy of same |
|
1 | upon defense counsel together with a copy of the report of |
2 | the board. |
3 | (2) The individual and district attorney shall be given |
4 | notice of the hearing and an opportunity to be heard, the |
5 | right to call witnesses, the right to call expert witnesses |
6 | and the right to cross-examine witnesses. In addition, the |
7 | individual shall have the right to counsel and to have an |
8 | attorney appointed to represent the individual if the |
9 | individual cannot afford one. If the individual requests |
10 | another expert assessment, the individual shall provide a |
11 | copy of the expert assessment to the district attorney prior |
12 | to the hearing. |
13 | (3) At the hearing prior to sentencing the court shall |
14 | determine whether the Commonwealth has proved by clear and |
15 | convincing evidence that the individual is a sexually violent |
16 | predator. |
17 | (4) A copy of the order containing the determination of |
18 | the court shall be immediately submitted to the individual, |
19 | the district attorney, the Pennsylvania Board of Probation |
20 | and Parole, the Department of Corrections, the board and the |
21 | State sexual offender registry of the Pennsylvania State |
22 | Police. |
23 | (f) Presentence investigation.--If the board has performed |
24 | an assessment under this section, copies of the report shall be |
25 | provided to the agency preparing the presentence investigation. |
26 | (g) Parole assessment.--The Pennsylvania Board of Probation |
27 | and Parole may request of the board that an assessment of an |
28 | offender be conducted and provide a report to the Pennsylvania |
29 | Board of Probation and Parole prior to considering an offender |
30 | for parole. |
|
1 | (h) Delinquent children.--The probation officer shall notify |
2 | the board 90 days prior to the 20th birthday of the child of the |
3 | status of the delinquent child who is committed to an |
4 | institution or other facility pursuant to section 6352 (relating |
5 | to disposition of delinquent child) after having been found |
6 | delinquent for an act of sexual violence that if committed by an |
7 | adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
8 | rape), 3123 (relating to involuntary deviate sexual |
9 | intercourse), 3124.1 (relating to sexual assault), 3125 |
10 | (relating to aggravated indecent assault), 3126 (relating to |
11 | indecent assault) or 4302 (relating to incest), together with |
12 | the location of the facility where the child is committed. The |
13 | board shall conduct an assessment of the child, which shall |
14 | include the board's determination of whether or not the child is |
15 | in need of commitment due to a mental abnormality as defined in |
16 | section 6402 (relating to definitions) or a personality |
17 | disorder, either of which results in serious difficulty in |
18 | controlling sexually violent behavior, and provide a report to |
19 | the court within the time frames set forth in section 6358(c). |
20 | The probation officer shall assist the board in obtaining access |
21 | to the child and any records or information as requested by the |
22 | board in connection with the assessment. The assessment shall be |
23 | conducted under subsection (b). |
24 | § 9799.19. Verification of registration information. |
25 | (a) Quarterly verification.--Except as otherwise provided |
26 | under subsection (h), sexually violent predators, Class 3 sexual |
27 | offenders, Class 3 out-of-State sexual offenders, offenders |
28 | subject to registration under section 9799.13 (relating to |
29 | registration) due to an adjudication of delinquency for a |
30 | qualifying offense or a civil commitment and all transient |
|
1 | offenders and transient out-of-State offenders shall verify |
2 | their registration information quarterly after their |
3 | registration start date by reporting in person to an approved |
4 | registration site to verify the offender's registration |
5 | information and be photographed. If the offender or out-of-State |
6 | offender fails to report within ten days prior to the offender's |
7 | quarterly reporting date, the offender or out-of-State offender |
8 | will be in violation of this subsection. |
9 | (b) Facilitation of quarterly verification.--The |
10 | Pennsylvania State Police shall facilitate and administer the |
11 | verification process required under subsection (a) by doing all |
12 | of the following: |
13 | (1) Sending a nonforwardable verification notice by |
14 | first class United States mail to all individuals referenced |
15 | in subsection (a) at their last reported mailing location. |
16 | This notice shall be sent not more than 30 days nor less than |
17 | 15 days prior to the offender's or out-of-State offender's |
18 | quarterly verification period and shall remind the offender |
19 | of the offender's reporting date and provide the offender |
20 | with a list of approved registration sites. |
21 | (2) Providing verification forms as necessary to each |
22 | approved registration site, the Department of Corrections, |
23 | county correctional facilities, the Pennsylvania Board of |
24 | Probation and Parole and county probation and parole |
25 | departments. |
26 | (c) Semiannual verification.--Except as provided under |
27 | subsection (h), all Class 2 sexual offenders and Class 2 out-of- |
28 | State sexual offenders, except for transient offenders and |
29 | transient out-of-State offenders subject to quarterly |
30 | verification, shall verify their registration information |
|
1 | semiannually after their registration start date by reporting in |
2 | person to an approved registration site to verify the offender's |
3 | registration information and to be photographed. If the offender |
4 | or out-of-State offender fails to report within ten days prior |
5 | to the offender's semiannual reporting date, the offender or |
6 | out-of-State offender will be in violation of this subsection. |
7 | (d) Facilitation of semiannual verification.--The |
8 | Pennsylvania State Police shall facilitate and administer the |
9 | verification process required under subsection (c) by doing all |
10 | of the following: |
11 | (1) Sending a nonforwardable verification notice by |
12 | first class United States mail to all individuals referenced |
13 | in subsection (c) at their last reported mailing location. |
14 | This notice shall be sent not more than 30 days nor less than |
15 | 15 days prior to the offender's or out-of-State offender's |
16 | semiannual reporting date and shall remind the offender of |
17 | the offender's semiannual verification requirement and |
18 | provide the offender with a list of approved registration |
19 | sites. |
20 | (2) Providing verification forms as necessary to each |
21 | approved registration site, the Department of Corrections, |
22 | county correctional facilities, the Pennsylvania Board of |
23 | Probation and Parole and county probation and parole |
24 | departments. |
25 | (e) Annual verification.--All Class 1 offenders and Class 1 |
26 | out-of-State offenders, except for transient offenders and |
27 | transient out-of-State offenders subject to quarterly |
28 | verification, shall verify their registration information |
29 | annually following their registration start date by reporting in |
30 | person to an approved registration site to verify the offender's |
|
1 | registration information and to be photographed. If the offender |
2 | or out-of-State offender fails to report within ten days before |
3 | the offender's annual reporting date, the offender or out-of- |
4 | State offender will be in violation of this subsection. |
5 | (f) Facilitation of annual verification.--The Pennsylvania |
6 | State Police shall facilitate and administer the verification |
7 | process required by subsection (e) by doing the following: |
8 | (1) Sending a nonforwardable verification notice by |
9 | first class United States mail to individuals referenced in |
10 | subsection (e) at their last reported mailing location. This |
11 | notice shall be sent not more than 30 days nor less than 15 |
12 | days prior to the offender's or out-of-State offender's |
13 | annual reporting date and shall remind the offender of the |
14 | offender's annual verification requirement and provide the |
15 | offender with a list of approved registration sites. |
16 | (2) Providing verification forms as necessary to each |
17 | approved registration site, the Department of Corrections, |
18 | county correctional facilities, the Pennsylvania Board of |
19 | Probation and Parole and county probation and parole |
20 | departments. |
21 | (g) Offenders on probation or parole.--If an offender or |
22 | out-of-State offender is under the supervision of the |
23 | Pennsylvania Board of Probation and Parole or a county or |
24 | juvenile probation or parole department, the offender or out-of- |
25 | State offender shall report in person to the parole or probation |
26 | office to verify the offender's registration information and to |
27 | be photographed. The Pennsylvania Board of Probation and Parole |
28 | and county and juvenile probation and parole departments shall |
29 | collect the verification information for all offenders and out- |
30 | of-State offenders under their supervision on a form prescribed |
|
1 | by the Pennsylvania State Police and photograph the offender and |
2 | out-of-State offender. The Pennsylvania Board of Probation and |
3 | Parole and county and juvenile probation and parole departments |
4 | shall immediately submit the registration information and |
5 | photographs to the Pennsylvania State Police. |
6 | (h) Incarcerated or court-committed offenders.-- |
7 | (1) If an offender or out-of-State offender is |
8 | incarcerated in a State or county correctional facility, the |
9 | offender or out-of-State offender shall report to the |
10 | designated official at the facility annually to verify the |
11 | offender's registration information and be photographed. The |
12 | facilities shall ensure the collection of the verification |
13 | information for offenders and out-of-State offenders in their |
14 | custody on a form prescribed by the Pennsylvania State Police |
15 | and photograph the offenders and out-of-State offenders. The |
16 | facilities shall immediately submit the information and |
17 | photographs to the Pennsylvania State Police. |
18 | (2) If an offender or out-of-State offender is under a |
19 | court-ordered residential placement in an institution, youth |
20 | development center, camp, institution operated by the |
21 | Department of Public Welfare or other facility designated by |
22 | the Department of Public Welfare under Chapter 64 (relating |
23 | to court-ordered involuntary treatment of certain sexually |
24 | violent persons), the offender or out-of-State offender shall |
25 | report to the designated official at the facility annually to |
26 | verify the registration information and be photographed. The |
27 | director of the facility, or a designee, shall make the |
28 | offender available for and facilitate the collection of |
29 | registration information as instructed by the Pennsylvania |
30 | State Police and provide the information to the Pennsylvania |
|
1 | State Police. |
2 | (i) Change of registration information.--The Pennsylvania |
3 | State Police shall report an offender's or out-of-State |
4 | offender's change of registration information to the appropriate |
5 | law enforcement agency having jurisdiction. If the offender or |
6 | out-of-State offender changes residence, habitual locale, place |
7 | of employment or place of enrollment as a student to another |
8 | jurisdiction, the Pennsylvania State Police shall notify the |
9 | appropriate law enforcement agency with which the offender or |
10 | out-of-State offender must register in the new jurisdiction. |
11 | (j) Failure to verify registration information.--If an |
12 | offender, out-of-State offender, transient offender or transient |
13 | out-of-State offender fails to verify the offender's |
14 | registration information within the time periods as set forth in |
15 | this section, the Pennsylvania State Police shall notify, where |
16 | applicable, the municipal police department having jurisdiction |
17 | of the offender's or out-of-State offender's last reported |
18 | residence, habitual locale, employer or school and of the |
19 | offender's or out-of-State offender's failure to appear. The |
20 | Pennsylvania State Police shall also notify the United States |
21 | Marshals Service of the offender's or out-of-State offender's |
22 | failure to appear. The municipal police shall locate the |
23 | offender or out-of-State offender and arrest the offender for |
24 | violating this section. If the municipal police are not able to |
25 | locate the offender or out-of-State offender, the municipal |
26 | police shall obtain an arrest warrant for the offender or out- |
27 | of-State offender and send a copy of the arrest warrant to the |
28 | Pennsylvania State Police. In jurisdictions where no municipal |
29 | police jurisdiction exists, the Pennsylvania State Police shall |
30 | assume responsibility for locating the offender or out-of-State |
|
1 | offender, obtaining an arrest warrant and arresting the offender |
2 | or out-of-State offender. Upon request, the Pennsylvania State |
3 | Police shall assist any municipal police department with |
4 | locating and arresting an offender or out-of-State offender who |
5 | fails to verify registration information. |
6 | (k) Penalty.--An offender or out-of-State offender who fails |
7 | to verify registration information or to be photographed as |
8 | required by this section may be subject to prosecution under 18 |
9 | Pa.C.S. § 4915 (relating to failure to comply with registration |
10 | of sexual offenders requirements). |
11 | (l) Effect of notice.--Failure to send or receive notice of |
12 | information under this section shall not relieve the offender or |
13 | out-of-State offender from the requirements of this subchapter. |
14 | § 9799.20. Victim notification. |
15 | (a) Duty to inform victim.-- |
16 | (1) If an offender is determined to be a sexually |
17 | violent predator, the Pennsylvania State Police shall give |
18 | notice to the sexually violent predator's victim when the |
19 | sexually violent predator registers initially and when the |
20 | offender notifies the Pennsylvania State Police of a change |
21 | of residence, habitual locale, employment or school. This |
22 | notice shall be given within 72 hours after the sexually |
23 | violent predator registers or notifies the Pennsylvania State |
24 | Police of a change of residence, employment or school. The |
25 | notice shall contain the sexually violent predator's name and |
26 | the address or addresses where the sexually violent predator |
27 | resides, is habitually located, employed or attends school. |
28 | (2) A victim may terminate the duty to inform set forth |
29 | in paragraph (1) by providing the Pennsylvania State Police |
30 | with a written statement releasing that agency from the duty |
|
1 | to comply with this section as it pertains to that victim. |
2 | (b) Individual not determined to be a sexually violent |
3 | predator.--If an individual is not determined to be a sexually |
4 | violent predator, the victim shall be notified in accordance |
5 | with section 201 of the act of November 24, 1998 (P.L.882, |
6 | No.111), known as the Crime Victims Act. |
7 | (c) Electronic notification option.—-Notwithstanding |
8 | subsections (a) and (b), the Pennsylvania State Police shall |
9 | develop and implement a system that allows victims and other |
10 | members of the public to receive electronic notification in lieu |
11 | of the notification in subsections (a) and (b) when a sexual |
12 | offender, out-of-State sexual offender or sexually violent |
13 | predator changes residence, habitual locale, employment or |
14 | school. |
15 | § 9799.21. Other notification. |
16 | (a) Notice.--Notwithstanding the provisions of 18 Pa.C.S. |
17 | Ch. 91 (relating to criminal history record information) and |
18 | Chapter 63 (relating to juvenile matters), the chief law |
19 | enforcement officer of the police department of the municipality |
20 | where a sexually violent predator lives shall be responsible for |
21 | providing written notice as required under this section. |
22 | (1) The notice shall contain: |
23 | (i) The name of the sexually violent predator. |
24 | (ii) The address or addresses at which the sexually |
25 | violent predator resides. If the sexually violent |
26 | predator is a transient, written notice under this |
27 | subparagraph shall include the municipality and county |
28 | containing the transient's habitual locale. |
29 | (iii) The offense for which the sexually violent |
30 | predator was convicted, sentenced by a court, adjudicated |
|
1 | delinquent or court-martialed. |
2 | (iv) A statement that the offender has been |
3 | determined to be a sexually violent predator, which |
4 | determination has or has not been terminated as of a date |
5 | certain. |
6 | (v) A photograph of the sexually violent predator. |
7 | (2) The notice shall not include any information that |
8 | might reveal the victim's name, identity and residence. |
9 | (b) Written notice recipients.--The chief law enforcement |
10 | officer shall provide written notice, under subsection (a), to |
11 | the following persons: |
12 | (1) Neighbors of the sexually violent predator. As used |
13 | in this paragraph, where the sexually violent predator lives |
14 | in a common interest community, the term "neighbor" includes |
15 | the unit owners' association and residents of the common |
16 | interest community. As used in this paragraph, where the |
17 | sexually violent predator is transient, the term "neighbor" |
18 | shall include the area of the offender's habitual locales, |
19 | and the chief law enforcement officer shall determine the |
20 | appropriate method for providing written notice. |
21 | (2) The director of the county children and youth |
22 | service agency of the county where the sexually violent |
23 | predator resides or, if the sexually violent predator is |
24 | transient, each county containing the sexually violent |
25 | predator's habitual locale. |
26 | (3) The superintendent of each school district and the |
27 | equivalent official for private and parochial schools |
28 | enrolling students up through 12th grade in the municipality |
29 | where the sexually violent predator resides or, if the |
30 | sexually violent predator is transient, each municipality |
|
1 | containing the sexually violent predator's habitual locale. |
2 | (4) The superintendent of each school district and the |
3 | equivalent official for each private and parochial school |
4 | located within a one-mile radius of where the sexually |
5 | violent predator resides or maintains a habitual locale. |
6 | (5) The licensee of each certified day-care center and |
7 | licensed preschool program and owner/operator of each |
8 | registered family day-care home in the municipality where the |
9 | sexually violent predator resides or, if the sexually violent |
10 | predator is transient, each municipality containing the |
11 | sexually violent predator's habitual locale. |
12 | (6) The president of each college, university and |
13 | community college located within 1,000 feet of a sexually |
14 | violent predator's residence or where the sexually violent |
15 | predator maintains a habitual locale. |
16 | (c) Notification time frames.--The municipal police |
17 | department's chief law enforcement officer shall provide notice |
18 | within the following time frames: |
19 | (1) To neighbors, notice shall be provided within five |
20 | days after information of the sexually violent predator's |
21 | release date, establishment of residence or habitual locale |
22 | or change of residence or habitual locale has been received |
23 | by the chief law enforcement officer. Notwithstanding the |
24 | provisions of subsections (a) and (b), verbal notification |
25 | may be used if written notification would delay meeting this |
26 | time requirement. |
27 | (2) To the persons specified in subsection (b)(2), (3), |
28 | (4), (5) and (6), notice shall be provided within seven days |
29 | after the chief law enforcement officer receives information |
30 | regarding the sexually violent predator's release date, |
|
1 | establishment of residence or habitual locale or change of |
2 | residence or habitual locale. |
3 | (d) Public notice.--Information provided in accordance with |
4 | subsection (a) shall be available to the general public upon |
5 | request. The information may be provided by electronic means. |
6 | (e) Interstate transfers.--The duties of police departments |
7 | under this section shall also apply to individuals who are |
8 | transferred to this Commonwealth under 61 Pa.C.S. Ch. 71 Subch. |
9 | B (relating to Interstate Compact for the Supervision of Adult |
10 | Offenders) or the act of July 2, 2004 (P.L.468, No.54), known as |
11 | the Interstate Compact for Juveniles Act. |
12 | § 9799.22. Information made available to the public. |
13 | (a) Internet website.--The Commissioner of the Pennsylvania |
14 | State Police shall do the following: |
15 | (1) Develop and maintain a system for making the |
16 | information described in subsection (b) publicly available by |
17 | electronic means so that the public may, without limitation, |
18 | obtain access to the information via an Internet website to |
19 | view an individual record or the records of offenders and |
20 | out-of-State offenders and who are registered with the |
21 | Pennsylvania State Police. |
22 | (2) Ensure the Internet website contains warnings that a |
23 | person who uses the information contained therein to |
24 | threaten, intimidate or harass another or who otherwise |
25 | misuses that information may be criminally prosecuted. |
26 | (3) Ensure the Internet website contains an explanation |
27 | of its limitations, including statements advising that: |
28 | (i) A positive identification of an offender or out- |
29 | of-State offender whose record has been made available |
30 | may be confirmed only by fingerprints. |
|
1 | (ii) Some information contained on the Internet |
2 | website may be outdated or inaccurate. |
3 | (iii) The Internet website is not a comprehensive |
4 | listing of every person who has ever committed a sex |
5 | offense in Pennsylvania. |
6 | (4) Strive to ensure the information contained on the |
7 | Internet website is accurate and that the data therein is |
8 | revised and updated within 72 hours of a change in |
9 | registration information. |
10 | (5) Provide on the Internet website general information |
11 | designed to inform and educate the public about sex offenders |
12 | and the operation of this subchapter as well as pertinent and |
13 | appropriate information concerning crime prevention and |
14 | personal safety, with appropriate links to other relevant |
15 | Internet websites operated by the Commonwealth. |
16 | (b) Required information.--Notwithstanding 18 Pa.C.S. Ch. 91 |
17 | (relating to criminal history record information) and Chapter 63 |
18 | (relating to juvenile matters), the Internet website shall |
19 | contain the following information for individuals registered |
20 | with the Pennsylvania State Police: |
21 | (1) Name and aliases. |
22 | (2) Year of birth. |
23 | (3) Street address, city, municipality, county and zip |
24 | code of residences and intended residences. |
25 | (4) Street address, city, municipality, county and zip |
26 | code of any institution or location at which the person is |
27 | enrolled as a student. |
28 | (5) Street address, city, municipality, county and zip |
29 | code of an employment location. |
30 | (6) Photograph of the offender or out-of-State offender |
|
1 | that shall be updated no less than every year. |
2 | (7) Physical description of the offender or out-of-State |
3 | offender. |
4 | (8) License plate number and a description of a vehicle |
5 | owned or operated by the offender or out-of-State offender. |
6 | (9) A citation or link to text of the statutory |
7 | provision defining the criminal offense for which the |
8 | offender or out-of-State offender is registered. |
9 | (10) Date of the offense and conviction. |
10 | (11) Date the offender or out-of-State offender last |
11 | verified the offender's registration information. |
12 | (12) Compliance status. |
13 | (13) Abstract of criminal history record indicating |
14 | convictions for Class 1, Class 2 and Class 3 sexual offenses, |
15 | as well as, where applicable, convictions for violations of |
16 | 18 Pa.C.S. § 4915 (relating to failure to comply with |
17 | registration of sexual offenders requirements). |
18 | (14) Other information required by Federal law. |
19 | (c) (Reserved). |
20 | (d) Duration of posting.--When an offender or out-of-State |
21 | offender is deceased or no longer present in this Commonwealth, |
22 | the posting shall remain on the website for a period of 60 days |
23 | along with a notice of the offender's or out-of-State offender's |
24 | change in status and the date the posting will be removed from |
25 | the website. |
26 | (e) Duty of Pennsylvania State Police.--Notwithstanding 18 |
27 | Pa.C.S. Ch. 91, the Pennsylvania State Police shall develop and |
28 | implement a process that allows members of the public to receive |
29 | electronic notification when any registered offender is present |
30 | or no longer present within a geographic radius specified by the |
|
1 | requester. |
2 | (f) Chief law enforcement officer.--Notwithstanding any of |
3 | the provisions of 18 Pa.C.S. Ch. 91, the chief law enforcement |
4 | officer of the police department with primary jurisdiction over |
5 | the municipality where an offender or out-of-State offender is |
6 | present may disseminate all information in subsection (c) to the |
7 | public through any available means it deems necessary including, |
8 | but not limited to, newspaper, television, radio and community |
9 | meetings. This information shall be available, upon request, to |
10 | the general public. |
11 | (g) Exception.--Unless the offender or out-of-State offender |
12 | has been subject to a court-ordered involuntary commitment under |
13 | Chapter 64 (relating to court-ordered involuntary treatment of |
14 | certain sexually violent persons) or equivalent statute in |
15 | another jurisdiction, offenders and out-of-State offenders who |
16 | are required to register under section 9799.13 (relating to |
17 | registration) because of an adjudication of delinquency for a |
18 | qualifying offense shall not be subject to public notification |
19 | under the requirements of this section. |
20 | § 9799.23. Administration. |
21 | The Governor shall direct the Pennsylvania State Police, the |
22 | Pennsylvania Board of Probation and Parole, the board, the |
23 | Department of Corrections, the Department of Transportation and |
24 | any other agency of the Commonwealth the Governor deems |
25 | necessary to collaboratively design, develop and implement an |
26 | integrated and secure system of communication, storage and |
27 | retrieval of information to assure the timely, accurate and |
28 | efficient administration of this subchapter. |
29 | § 9799.24. Global positioning system technology. |
30 | The Pennsylvania Board of Probation and Parole and county |
|
1 | adult and juvenile probation authorities may impose supervision |
2 | conditions that include offender tracking through global |
3 | positioning system technology. |
4 | § 9799.25. Immunity for good faith conduct. |
5 | The following entities shall be immune from liability for |
6 | good faith conduct under this subchapter: |
7 | (1) Agents and employees of the Pennsylvania State |
8 | Police and local law enforcement agencies. |
9 | (2) District attorneys and their agents and employees. |
10 | (3) Superintendents, administrators, teachers, employees |
11 | and volunteers engaged in the supervision of children of any |
12 | public, private or parochial school. |
13 | (4) Directors and employees of county children and youth |
14 | agencies. |
15 | (5) Presidents or similar officers of universities and |
16 | colleges, including community colleges. |
17 | (6) The Pennsylvania Board of Probation and Parole and |
18 | its agents and employees. |
19 | (7) County probation and parole offices and their agents |
20 | and employees. |
21 | (8) Licensees of certified day-care centers and |
22 | directors of licensed preschool programs and owners and |
23 | operators of registered family day-care homes and their |
24 | agents and employees. |
25 | (9) The Department of Corrections and its agents and |
26 | employees. |
27 | (10) County correctional facilities and their agents and |
28 | employees. |
29 | (11) The board and its members, agents and employees. |
30 | (12) Juvenile probation offices and their agents and |
|
1 | employees. |
2 | (13) The Department of Public Welfare and its agents and |
3 | employees. |
4 | (14) Institutions, youth development centers, camps or |
5 | other facilities designed or operated for the benefit of |
6 | delinquent children and their agents and employees. |
7 | § 9799.26. Pennsylvania State Police. |
8 | (a) Duties.--The Pennsylvania State Police have the |
9 | following duties: |
10 | (1) Create and maintain a State sexual offender |
11 | registry. |
12 | (2) Participate in the National Sex Offender Public |
13 | Registry maintained by the United States Department of |
14 | Justice, including the National Sex Offender Public Website. |
15 | (3) Promulgate guidelines necessary for the general |
16 | administration of this subchapter and for complying with |
17 | Federal law. |
18 | (4) Notify, within 72 hours of receiving and verifying |
19 | the offender's or out-of-State offender's registration, the |
20 | chief law enforcement officer of the police departments |
21 | having primary jurisdiction of the municipalities in which an |
22 | offender or out-of-State offender is present of the fact that |
23 | the offender or out-of-State offender has been registered |
24 | with the Pennsylvania State Police. |
25 | (5) In consultation with the Department of Education and |
26 | the Department of Public Welfare, promulgate guidelines |
27 | directing licensed day-care centers, licensed preschool |
28 | programs, schools, universities and colleges, including |
29 | community colleges, on the proper use and administration of |
30 | information received under section 9799.22 (relating to |
|
1 | information made available to the public). |
2 | (6) In consultation with the Department of Corrections |
3 | and the Pennsylvania Board of Probation and Parole, |
4 | promulgate guidelines directing State and county correctional |
5 | facilities and State and county probation and parole offices |
6 | on the completion of registration information, updating of |
7 | registration information and verification of registration |
8 | information for all offenders or out-of-State offenders in |
9 | their custody or under their supervision. |
10 | (7) In consultation with the Department of Public |
11 | Welfare and the Juvenile Court Judges Commission, promulgate |
12 | guidelines directing institutions, youth development centers, |
13 | camps or other facilities designed or operated for the |
14 | benefit of delinquent children on the completion of |
15 | registration information, updating of registration |
16 | information and verification of registration information for |
17 | all offenders or out-of-State offenders in their custody or |
18 | under their supervision. |
19 | (b) Powers.--The Pennsylvania State Police may certify and |
20 | send to an authorized user, by electronic transmission or |
21 | otherwise, certified copies of an offender's sex offender |
22 | registration file. Authorized users shall include State and |
23 | local police, district attorneys, agents and employees of the |
24 | Pennsylvania State Police and the Office of Attorney General and |
25 | other persons or entities determined by the Pennsylvania State |
26 | Police and listed by notice in the Pennsylvania Bulletin. In any |
27 | proceeding before the courts or administrative bodies of this |
28 | Commonwealth, documents certified by the Pennsylvania State |
29 | Police under this section and offered into evidence by an |
30 | authorized user shall be admissible into evidence. |
|
1 | § 9799.27. Pennsylvania Board of Probation and Parole, county |
2 | probation and parole departments and juvenile |
3 | probation departments. |
4 | (a) Duties.--The Pennsylvania Board of Probation and Parole, |
5 | county probation and parole departments and juvenile probation |
6 | departments have the following duties: |
7 | (1) Obtain, verify and update an offender's or out-of- |
8 | State offender's registration information in accordance with |
9 | this subchapter. |
10 | (2) Immediately transmit the criminal history record of |
11 | the offender or out-of-State offender as provided in 18 |
12 | Pa.C.S. Ch. 91 (relating to criminal history record |
13 | information) along with the registration information to the |
14 | Pennsylvania State Police for immediate entry into the State |
15 | sexual offender registry. |
16 | (3) Require the offender or out-of-State offender to |
17 | report to the State or county parole and probation office or |
18 | juvenile probation office to complete a change of information |
19 | form within 72 hours of when an offender's or out-of-State |
20 | offender's registration information changes. This information |
21 | shall be immediately transmitted to the Pennsylvania State |
22 | Police. |
23 | (4) Require the offender or out-of-State offender to |
24 | report to the State or county parole and probation office or |
25 | juvenile probation office to verify the offender's |
26 | registration information. This information shall be |
27 | immediately transmitted to the Pennsylvania State Police. |
28 | (5) On a form prescribed by the Pennsylvania State |
29 | Police, notify the Pennsylvania State Police each time an |
30 | offender or out-of-State offender is arrested or is |
|
1 | incarcerated. |
2 | (b) Supervision conditions.--The Pennsylvania Board of |
3 | Probation and Parole may impose supervision conditions that |
4 | include offender or out-of-State offender tracking through |
5 | global positioning system technology. |
6 | § 9799.28. Department of Corrections, county correctional |
7 | facilities and facilities designed or operated for |
8 | the benefit of delinquent children. |
9 | The Department of Corrections, county correctional facilities |
10 | and facilities designed or operated for the benefit of |
11 | delinquent children shall have the following duties: |
12 | (1) Obtain, verify and update an offender's or out-of- |
13 | State offender's registration information in accordance with |
14 | this subchapter. |
15 | (2) Immediately transmit the criminal history record of |
16 | the offender or out-of-State offender as provided in 18 |
17 | Pa.C.S. Ch. 91 (relating to criminal history record |
18 | information) along with the registration information to the |
19 | Pennsylvania State Police for immediate entry into the State |
20 | sexual offender registry. |
21 | (3) On a form prescribed by the Pennsylvania State |
22 | Police, notify the Pennsylvania State Police each time an |
23 | offender or out-of-State offender is incarcerated in or |
24 | released from the respective facilities or transferred |
25 | between correctional facilities or residential reentry |
26 | facilities. |
27 | (4) Assist offenders and out-of-State offenders |
28 | registering pursuant to this subchapter, as well as updating |
29 | and verifying registration information pursuant to this |
30 | subchapter. |
|
1 | § 9799.29. Board. |
2 | (a) Composition.--The board shall be composed of |
3 | psychiatrists, psychologists and criminal justice experts, each |
4 | of whom is an expert in the field of the behavior and treatment |
5 | of sexual offenders. |
6 | (b) Appointment.--The Governor shall appoint the board |
7 | members. |
8 | (c) Term of office.--Members of the board shall serve four- |
9 | year terms. |
10 | (d) Compensation.--The members of the board shall be |
11 | compensated at a rate of $350 per assessment and receive |
12 | reimbursement for their actual and necessary expenses while |
13 | performing the business of the board. The chairman shall receive |
14 | $500 additional compensation annually. |
15 | (e) Staff.--Support staff for the board shall be provided by |
16 | the Pennsylvania Board of Probation and Parole. |
17 | § 9799.30. Counseling of sexually violent predators. |
18 | A sexually violent predator shall be required to attend at |
19 | least monthly counseling sessions in a program approved by the |
20 | board and be financially responsible for all fees assessed from |
21 | the counseling sessions. The board shall monitor the compliance |
22 | of the sexually violent predator. If the sexually violent |
23 | predator can prove to the satisfaction of the court that the |
24 | sexually violent predator cannot afford to pay for the |
25 | counseling sessions, the offender shall nonetheless attend the |
26 | counseling sessions, and the parole office shall pay the |
27 | requisite fees. |
28 | § 9799.31. Exemption from notification for certain licensees |
29 | and their employees. |
30 | Nothing in this subchapter shall be construed as imposing a |
|
1 | duty upon a person licensed under the act of February 19, 1980 |
2 | (P.L.15, No.9), known as the Real Estate Licensing and |
3 | Registration Act, or an employee of the person, to disclose any |
4 | information regarding an individual required to register with |
5 | the State sexual offender registry pursuant to this subchapter. |
6 | § 9799.32. Annual performance audit. |
7 | (a) Duties of the Attorney General.--The Attorney General |
8 | has the following duties: |
9 | (1) Conduct a performance audit annually to determine |
10 | compliance with the requirements of this subchapter and any |
11 | guidelines promulgated under this subchapter. The audit |
12 | shall, at a minimum, include a review of the practices, |
13 | procedures and records of the Pennsylvania State Police, the |
14 | Pennsylvania Board of Probation and Parole, the Department of |
15 | Corrections, the board, the Administrative Office of |
16 | Pennsylvania Courts and any other State or local agency the |
17 | Attorney General deems necessary in order to conduct a |
18 | thorough and accurate performance audit. |
19 | (2) Prepare an annual report of its findings and any |
20 | action it recommends be taken by the Pennsylvania State |
21 | Police, the Pennsylvania Board of Probation and Parole, the |
22 | Department of Corrections, the board, the Administrative |
23 | Office of Pennsylvania Courts, other State or local agencies |
24 | and the General Assembly to ensure compliance with this |
25 | subchapter. The first report shall be released to the general |
26 | public no fewer than 18 months following the effective date |
27 | of this section. |
28 | (3) Provide a copy of its report to the Pennsylvania |
29 | State Police, the Pennsylvania Board of Probation and Parole, |
30 | the Department of Corrections, the board, the Administrative |
|
1 | Office of Pennsylvania Courts, State or local agencies |
2 | referenced in the report, the chairman and the minority |
3 | chairman of the Judiciary Committee of the Senate and the |
4 | chairman and the minority chairman of the Judiciary Committee |
5 | of the House of Representatives no fewer than 30 days prior |
6 | to its release to the general public. |
7 | (b) Cooperation required.--Notwithstanding any other |
8 | provision of law to the contrary, the Pennsylvania State Police, |
9 | the Pennsylvania Board of Probation and Parole, the Department |
10 | of Corrections, the board, the Administrative Office of |
11 | Pennsylvania Courts, the Pennsylvania Commission on Sentencing |
12 | and any other State or local agency requested to do so shall |
13 | fully cooperate with the Attorney General and assist the Office |
14 | of Attorney General in satisfying the requirements of this |
15 | section. For purposes of this subsection, full cooperation shall |
16 | include, at a minimum, complete access to unredacted records, |
17 | files, reports and data systems. |
18 | § 9799.33. Photographs and fingerprinting. |
19 | An individual subject to registration shall submit to |
20 | fingerprinting and photographing as required by this subchapter. |
21 | Fingerprinting as required by this subchapter shall, at a |
22 | minimum, require submission of a full set of fingerprints and |
23 | palm prints. Photographing as required by this subchapter shall, |
24 | at a minimum, require submission to photographs of the face and |
25 | any scars, marks, tattoos or other unique features of the |
26 | individual. Fingerprints and photographs obtained under this |
27 | subchapter may be maintained for use under this subchapter and |
28 | for general law enforcement purposes. |
29 | Section 6. The definition of "other specified offense" in |
30 | section 2303 of Title 44 is amended to read: |
|
1 | § 2303. Definitions. |
2 | The following words and phrases when used in this chapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Other specified offense." Any of the following: |
7 | (1) A felony offense [or an]. |
8 | (2) An offense under 18 Pa.C.S. § 2910 (relating to |
9 | luring a child into a motor vehicle or structure) or 3126 |
10 | (relating to indecent assault) or an attempt to commit such |
11 | an offense. |
12 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
13 | (relating to registration of sexual offenders). |
14 | * * * |
15 | Section 7. Section 2316 of Title 44 is amended by adding a |
16 | subsection to read: |
17 | § 2316. DNA sample required upon conviction, delinquency |
18 | adjudication and certain ARD cases. |
19 | * * * |
20 | (a.1) Sex offender registration.--Notwithstanding any |
21 | provision of this chapter to the contrary, any person who is |
22 | subject to registration pursuant to 42 Pa.C.S. Ch. 97 Subch. H |
23 | (relating to registration of sexual offenders) shall have a DNA |
24 | sample taken in accordance with that subchapter and forwarded to |
25 | the State Police for inclusion in the State DNA data base and |
26 | State DNA data bank. The collection of DNA at the time of the |
27 | sex offender's registration, updating or verifying sex offender |
28 | registration information is not required if the individual has |
29 | previously submitted a DNA sample and the submission has been |
30 | confirmed with the State Police. |
|
1 | * * * |
2 | Section 8. Paragraph (4) of the definition of "eligible |
3 | offender" in section 4503 of Title 61 is amended to read: |
4 | § 4503. Definitions. |
5 | The following words and phrases when used in this chapter |
6 | shall have the meanings given to them in this section unless the |
7 | context clearly indicates otherwise: |
8 | * * * |
9 | "Eligible offender." A defendant or inmate convicted of a |
10 | criminal offense who will be committed to the custody of the |
11 | department and who meets all of the following eligibility |
12 | requirements: |
13 | * * * |
14 | (4) Has not been found guilty or previously convicted or |
15 | adjudicated delinquent for violating any of the following |
16 | provisions or an equivalent offense under the laws of the |
17 | United States or one of its territories or possessions, |
18 | another state, the District of Columbia, the Commonwealth of |
19 | Puerto Rico or a foreign nation: |
20 | 18 Pa.C.S. § 4302 (relating to incest). |
21 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
22 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
23 | children). |
24 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
25 | minor). |
26 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
27 | children). |
28 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
29 | child pornography). |
30 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
|
1 | 9712.1 (relating to sentences for certain drug offenses |
2 | committed with firearms). |
3 | Any Class 1 sexual offense, Class 2 sexual offense or |
4 | Class 3 sexual offense [listed under 42 Pa.C.S. § 9795.1 |
5 | (relating to registration)], as defined in 42 Pa.C.S. § |
6 | 9799.12 (relating to definitions). |
7 | * * * |
8 | Section 9. Section 6137(a)(3.1)(ii) of Title 61 is amended |
9 | to read: |
10 | § 6137. Parole power. |
11 | (a) General criteria for parole.-- |
12 | * * * |
13 | (3.1) * * * |
14 | (ii) This paragraph shall not apply to offenders who |
15 | are currently serving a term of imprisonment for a crime |
16 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
17 | sentences for second and subsequent offenses) or for a |
18 | crime requiring registration under 42 Pa.C.S. § [9795.1] |
19 | 9799.13 (relating to registration). |
20 | * * * |
21 | Section 10. This act shall apply to the following: |
22 | (1) All individuals required to register under 42 |
23 | Pa.C.S. Ch. 97 Subch. H on or after the effective date of |
24 | this section. |
25 | (2) All individuals required to register under 42 |
26 | Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to |
27 | the effective date of this section and whose registration has |
28 | not expired prior to the effective date of this section. |
29 | Section 10.1. The addition of 42 Pa.C.S. § 9799.13(c) shall |
30 | apply to all group-based homes and their residents, regardless |
|
1 | of when the group-based homes began to provide housing or the |
2 | residents began their residency. |
3 | Section 11. This act shall take effect as follows: |
4 | (1) The amendment of the following provisions shall take |
5 | effect immediately: |
6 | (i) 18 Pa.C.S. §§ 4501 and 4915. |
7 | (ii) 42 Pa.C.S. §§ 9718.3, 9792, 9795.1, 9795.2, |
8 | 9795.3, 9796, 9798, 9799, 9799.1, 9799.4, 9799.9 and |
9 | 9799.10. |
10 | (2) Section 10 of this act and this section shall take |
11 | effect immediately. |
12 | (3) The remainder of this act shall take effect in one |
13 | year. |
14 | Section 1. Sections 2901, 2902, 2903, 3122.1, 3124.2, | <-- |
15 | 3130(a) introductory paragraph and (1) and (b), 3141, 4302 and |
16 | 4915 of Title 18 of the Pennsylvania Consolidated Statutes are |
17 | amended to read: |
18 | § 2901. Kidnapping. |
19 | (a) Offense defined.--[A] Except as provided for in |
20 | subsection (a.1), a person is guilty of kidnapping if he |
21 | unlawfully removes another a substantial distance under the |
22 | circumstances from the place where he is found, or if he |
23 | unlawfully confines another for a substantial period in a place |
24 | of isolation, with any of the following intentions: |
25 | (1) To hold for ransom or reward, or as a shield or |
26 | hostage. |
27 | (2) To facilitate commission of any felony or flight |
28 | thereafter. |
29 | (3) To inflict bodily injury on or to terrorize the |
30 | victim or another. |
|
1 | (4) To interfere with the performance by public |
2 | officials of any governmental or political function. |
3 | (a.1) Kidnapping of a minor.--A person is guilty of |
4 | kidnapping of a minor if he unlawfully removes a person under 18 |
5 | years of age a substantial distance under the circumstances from |
6 | the place where he is found, or if he unlawfully confines a |
7 | person under 18 years of age for a substantial period in a place |
8 | of isolation, with any of the following intentions: |
9 | (1) To hold for ransom or reward, or as a shield or |
10 | hostage. |
11 | (2) To facilitate commission of any felony or flight |
12 | thereafter. |
13 | (3) To inflict bodily injury on or to terrorize the |
14 | victim or another. |
15 | (4) To interfere with the performance by public |
16 | officials of any governmental or political function. |
17 | (b) Grading.--[Kidnapping is a felony] The following apply: |
18 | (1) Kidnapping under subsection (a) is a felony of the |
19 | first degree. A removal or confinement is unlawful within the |
20 | meaning of [this section] subsection (a) if it is |
21 | accomplished by force, threat or deception, or, in the case |
22 | of [a person who is under the age of 14 years or] an |
23 | incapacitated person, if it is accomplished without the |
24 | consent of a parent, guardian or other person responsible for |
25 | general supervision of his welfare. |
26 | (2) Kidnapping under subsection (a.1) is a felony of the |
27 | first degree. A removal or confinement is unlawful within the |
28 | meaning of subsection (a.1) if it is accomplished by force, |
29 | threat or deception, or in the case of a person under 14 |
30 | years of age, if it is accomplished without consent of a |
|
1 | parent, guardian or other person responsible for general |
2 | supervision of his welfare. |
3 | § 2902. Unlawful restraint. |
4 | (a) Offense defined.--[A person commits an offense] Except |
5 | as provided under subsection (b) or (c), a person commits a |
6 | misdemeanor of the first degree if he knowingly: |
7 | (1) restrains another unlawfully in circumstances |
8 | exposing him to risk of serious bodily injury; or |
9 | (2) holds another in a condition of involuntary |
10 | servitude. |
11 | [(b) Grading.-- |
12 | (1) Except as provided in paragraph (2), an offense |
13 | under subsection (a) is a misdemeanor of the first degree. |
14 | (2) If the victim of the offense is an individual under |
15 | 18 years of age, an offense under subsection (a) is a felony |
16 | of the second degree.] |
17 | (b) Unlawful restraint of a minor where offender is not |
18 | victim's parent.--If the victim is a person under 18 years of |
19 | age, a person who is not the victim's parent commits a felony of |
20 | the second degree if he knowingly: |
21 | (1) restrains another unlawfully in circumstances |
22 | exposing him to risk of serious bodily injury; or |
23 | (2) holds another in a condition of involuntary |
24 | servitude. |
25 | (c) Unlawful restraint of minor where offender is victim's |
26 | parent.--If the victim is a person under 18 years of age, a |
27 | parent of the victim commits a felony of the second degree if he |
28 | knowingly: |
29 | (1) restrains another unlawfully in circumstances |
30 | exposing him to risk of serious bodily injury; or |
|
1 | (2) holds another in a condition of involuntary |
2 | servitude. |
3 | § 2903. False imprisonment. |
4 | (a) Offense defined.--[A person commits an offense] Except |
5 | as provided under subsection (b) or (c), a person commits a |
6 | misdemeanor of the second degree if he knowingly restrains |
7 | another unlawfully so as to interfere substantially with his |
8 | liberty. |
9 | [(b) Grading.-- |
10 | (1) Except as provided in paragraph (2), an offense |
11 | under subsection (a) is a misdemeanor of the second degree. |
12 | (2) If the victim of the offense is an individual under |
13 | 18 years of age, an offense under subsection (a) is a felony |
14 | of the second degree.] |
15 | (b) False imprisonment of a minor where offender is victim's |
16 | parent.--If the victim is a person under 18 years of age, a |
17 | person who is not the victim's parent commits a felony of the |
18 | second degree if he knowingly restrains another unlawfully so as |
19 | to interfere substantially with his liberty. |
20 | (c) False imprisonment of a minor where offender is victim's |
21 | parent.--If the victim is a person under 18 years of age, a |
22 | parent of the victim commits a felony of the second degree if he |
23 | knowingly: |
24 | (1) restrains another unlawfully in circumstances |
25 | exposing him to risk of serious bodily injury; or |
26 | (2) holds another in a condition of involuntary |
27 | servitude. |
28 | § 3122.1. Statutory sexual assault. |
29 | (a) Felony of the second degree.--Except as provided in |
30 | section 3121 (relating to rape), a person commits a felony of |
|
1 | the second degree when that person engages in sexual intercourse |
2 | with a complainant to whom the person is not married who is |
3 | under the age of 16 years and that person is either: |
4 | (1) four [or more] years older but less than eight years |
5 | older than the complainant [and the complainant and the |
6 | person are not married to each other.]; or |
7 | (2) eight years older but not less than 11 years older |
8 | than the complainant. |
9 | (b) Felony of the first degree.--A person commits a felony |
10 | of the first degree when that person engages in sexual |
11 | intercourse with a complainant under the age of 16 years and |
12 | that person is 11 or more years older than the complainant and |
13 | the complainant and the person are not married to each other. |
14 | § 3124.2. Institutional sexual assault. |
15 | (a) General rule.--Except as provided under subsection (a.1) |
16 | and in sections 3121 (relating to rape), 3122.1 (relating to |
17 | statutory sexual assault), 3123 (relating to involuntary deviate |
18 | sexual intercourse), 3124.1 (relating to sexual assault) and |
19 | 3125 (relating to aggravated indecent assault), a person who is |
20 | an employee or agent of the Department of Corrections or a |
21 | county correctional authority, youth development center, youth |
22 | forestry camp, State or county juvenile detention facility, |
23 | other licensed residential facility serving children and youth, |
24 | or mental health or mental retardation facility or institution |
25 | commits a felony of the third degree when that person engages in |
26 | sexual intercourse, deviate sexual intercourse or indecent |
27 | contact with an inmate, detainee, patient or resident. |
28 | (a.1) Institutional sexual assault of a minor.--A person who |
29 | is an employee or agent of the Department of Corrections or a |
30 | county correctional authority, youth development center, youth |
|
1 | forestry camp, State or county juvenile detention facility, |
2 | other licensed residential facility serving children and youth |
3 | or a mental health or a mental retardation facility or |
4 | institution commits a felony of the third degree when that |
5 | person engages in sexual intercourse, deviate sexual intercourse |
6 | or indecent contact with an inmate, detainee, patient or |
7 | resident who is under 18 years of age. |
8 | (a.2) Schools.-- |
9 | (1) Except as provided in sections 3121, 3122.1, 3123, |
10 | 3124.1 and 3125, a person who is a volunteer or an employee |
11 | of a school or any other person who has direct contact with a |
12 | student at a school commits a felony of the third degree when |
13 | he engages in sexual intercourse, deviate sexual intercourse |
14 | or indecent contact with a student of the school. |
15 | (2) As used in this subsection, the following terms |
16 | shall have the meanings given to them in this paragraph: |
17 | (i) "Direct contact." Care, supervision, guidance |
18 | or control. |
19 | (ii) "Employee." |
20 | (A) Includes: |
21 | (I) A teacher, a supervisor, a supervising |
22 | principal, a principal, an assistant principal, a |
23 | vice-principal, a director of vocational |
24 | education, a dental hygienist, a visiting |
25 | teacher, a home and school visitor, a school |
26 | counselor, a child nutrition program specialist, |
27 | a school librarian, a school secretary the |
28 | selection of whom is on the basis of merit as |
29 | determined by eligibility lists, a school nurse, |
30 | a substitute teacher, a janitor, a cafeteria |
|
1 | worker, a bus driver, a teacher aide and any |
2 | other employee who has direct contact with school |
3 | students. |
4 | (II) An independent contractor who has a |
5 | contract with a school for the purpose of |
6 | performing a service for the school, a coach, an |
7 | athletic trainer, a coach hired as an independent |
8 | contractor by the Pennsylvania Interscholastic |
9 | Athletic Association or an athletic trainer hired |
10 | as an independent contractor by the Pennsylvania |
11 | Interscholastic Athletic Association. |
12 | (B) The term does not include: |
13 | (I) A student employed at the school. |
14 | (II) An independent contractor or any |
15 | employee of an independent contractor who has no |
16 | direct contact with school students. |
17 | (iii) "School." A public or private school, |
18 | intermediate unit or area vocational-technical school. |
19 | (iv) "Volunteer." The term does not include a |
20 | school student. |
21 | (a.3) Child care.--Except as provided in sections 3121, |
22 | 3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an |
23 | employee of a center for children commits a felony of the third |
24 | degree when he engages in sexual intercourse, deviate sexual |
25 | intercourse or indecent contact with a child who is receiving |
26 | services at the center. |
27 | (b) [Definition.--As used in this section, the term "agent" |
28 | means a person who is assigned to work in a State or county |
29 | correctional or juvenile detention facility, a youth development |
30 | center, youth forestry camp, other licensed residential facility |
|
1 | serving children and youth, or mental health or mental |
2 | retardation facility or institution who is employed by any State |
3 | or county agency or any person employed by an entity providing |
4 | contract services to the agency.] |
5 | Definitions.--As used in this section, the following words |
6 | and phrases shall have the meanings given to them in this |
7 | subsection unless the context clearly indicates otherwise: |
8 | "Agent." A person who is assigned to work in a State or |
9 | county correctional or juvenile detention facility, a youth |
10 | development center, youth forestry camp, other licensed |
11 | residential facility serving children and youth or mental health |
12 | or mental retardation facility or institution, who is employed |
13 | by any State or county agency or any person employed by an |
14 | entity providing contract services to the agency. |
15 | "Center for children." Includes a child day-care center, |
16 | group and family day-care home, boarding home for children, a |
17 | center providing early intervention and drug and alcohol |
18 | services for children or other facility which provides child- |
19 | care services which are subject to approval, licensure, |
20 | registration or certification by the Department of Public |
21 | Welfare or a county social services agency or which are provided |
22 | pursuant to a contract with the department or a county social |
23 | services agency. The term does not include a youth development |
24 | center, youth forestry camp, State or county juvenile detention |
25 | facility and other licensed residential facility serving |
26 | children and youth. |
27 | § 3130. Conduct relating to sex offenders. |
28 | (a) Offense defined.--A person commits a felony of the third |
29 | degree if the person has reason to believe that a sex offender |
30 | is not complying with or has not complied with the requirements |
|
1 | of the sex offender's probation or parole, imposed by statute or |
2 | court order, or with the registration requirements of 42 Pa.C.S. |
3 | [§ 9795.2 (relating to registration procedures and |
4 | applicability)] Ch. 97 Subch. H (relating to registration of |
5 | sexual offenders), and the person, with the intent to assist the |
6 | sex offender in eluding a law enforcement agent or agency that |
7 | is seeking to find the sex offender to question the sex offender |
8 | about, or to arrest the sex offender for, noncompliance with the |
9 | requirements of the sex offender's probation or parole or the |
10 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H: |
11 | (1) withholds information from or does not notify the |
12 | law enforcement agent or agency about the sex offender's |
13 | noncompliance with the requirements of parole, the |
14 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if |
15 | known, the sex offender's whereabouts; |
16 | * * * |
17 | (b) Definition.--As used in this section, the term "sex |
18 | offender" means a person who is required to register with the |
19 | Pennsylvania State Police pursuant to the provisions of 42 |
20 | Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H. |
21 | § 3141. General rule. |
22 | A person: |
23 | (1) convicted under section 3121 (relating to rape), |
24 | 3122.1 (relating to statutory sexual assault), 3123 (relating |
25 | to involuntary deviate sexual intercourse), 3124.1 (relating |
26 | to sexual assault), 3125 (relating to aggravated indecent |
27 | assault) or 3126 (relating to indecent assault); or |
28 | (2) required to register with the Pennsylvania State |
29 | Police under 42 Pa.C.S. [§ 9795.2 (relating to registration |
30 | procedures and applicability)] Ch. 97 Subch. H (relating to |
|
1 | registration of sexual offenders); |
2 | may be required to forfeit property rights in any property or |
3 | assets used to implement or facilitate commission of the crime |
4 | or crimes of which the person has been convicted. Such property |
5 | may include, but is not limited to, a computer or computers, |
6 | telephone equipment, firearms, licit or illicit prescription |
7 | drugs or controlled substances, a motor vehicle or such other |
8 | property or assets as determined by the court of common pleas to |
9 | have facilitated the person's criminal misconduct. |
10 | § 4302. Incest. |
11 | [A] (a) General rule.--Except as provided for under |
12 | subsection (b), a person is guilty of incest, a felony of the |
13 | second degree, if that person knowingly marries or cohabits or |
14 | has sexual intercourse with an ancestor or descendant, a brother |
15 | or sister of the whole or half blood or an uncle, aunt, nephew |
16 | or niece of the whole blood. [The relationships referred to in |
17 | this section include blood relationships without regard to |
18 | legitimacy, and relationship of parent and child by adoption.] |
19 | (b) Incest of a minor.--A person is guilty of incest of a |
20 | minor, a felony of the second degree, if that person knowingly |
21 | marries, cohabits with or has sexual intercourse with a |
22 | complainant who is an ancestor or descendant, a brother or |
23 | sister of the whole or half blood or an uncle, aunt, nephew or |
24 | niece of the whole blood and: |
25 | (1) is under the age of 13 years; or |
26 | (2) is 13 to 18 years of age and the person is four or |
27 | more years older than the complainant. |
28 | (c) Relationships.--The relationships referred to in this |
29 | section include blood relationships without regard to |
30 | legitimacy, and relationship of parent and child by adoption. |
|
1 | § 4915. Failure to comply with registration of sexual offenders |
2 | requirements. |
3 | (a) Offense defined.--An individual who is subject to |
4 | registration under 42 Pa.C.S. § 9795.1(a) (relating to |
5 | registration) or an individual who is subject to registration |
6 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) or who was subject |
7 | to registration under former 42 Pa.C.S § 9793 (relating to |
8 | registration of certain offenders for ten years) commits an |
9 | offense if he knowingly fails to: |
10 | (1) register with the Pennsylvania State Police as |
11 | required under 42 Pa.C.S. § 9795.2 (relating to registration |
12 | procedures and applicability); |
13 | (2) verify his [address] residence or be photographed as |
14 | required under 42 Pa.C.S. § 9796 (relating to verification of |
15 | residence); or |
16 | (3) provide accurate information when registering under |
17 | 42 Pa.C.S. § 9795.2 or verifying [an address] a residence |
18 | under 42 Pa.C.S. § 9796. |
19 | (a.1) Counseling.--The following apply: |
20 | (1) An individual who is designated as a sexually |
21 | violent predator commits an offense if he knowingly fails to |
22 | comply with 42 Pa.C.S. § 9799.4 (relating to counseling of |
23 | sexually violent predators). |
24 | (2) An individual who is subject to a counseling |
25 | requirement under a sex offender registration statute |
26 | following conviction in another jurisdiction commits an |
27 | offense if he knowingly fails to comply with that |
28 | requirement, as provided in 42 Pa.C.S. § 9795.2(b)(4)(i). |
29 | (b) Grading for offenders who must register for ten years.-- |
30 | (2) Except as set forth in paragraph (3), an individual |
|
1 | subject to registration under 42 Pa.C.S. § 9795.1(a) or |
2 | former 42 Pa.C.S. § 9793 and required to register for a |
3 | period of ten years who commits a violation of subsection (a) |
4 | (1) or (2) commits a felony of the third degree. |
5 | (3) An individual subject to registration under 42 |
6 | Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required |
7 | to register for a period of ten years who commits a violation |
8 | of subsection (a)(1) or (2) and who has previously been |
9 | convicted of an offense under subsection (a)(1) or (2) or a |
10 | similar offense commits a felony of the second degree. |
11 | (4) An individual subject to registration under 42 |
12 | Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required |
13 | to register for a period of ten years who violates subsection |
14 | (a)(3) commits a felony of the second degree. |
15 | (c) Grading for sexually violent predators and others with |
16 | lifetime registration.-- |
17 | (2) Except as set forth in paragraph (3), an individual |
18 | subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) |
19 | or (3) or former 42 Pa.C.S. § 9793 and who is subject to |
20 | lifetime registration who commits a violation of subsection |
21 | (a)(1) or (2) commits a felony of the second degree. |
22 | (3) An individual subject to registration under 42 |
23 | Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. § |
24 | 9793 and who is subject to lifetime registration who commits |
25 | a violation of subsection (a)(1) or (2) and who has |
26 | previously been convicted of an offense under subsection (a) |
27 | (1) or (2) or a similar offense commits a felony of the first |
28 | degree. |
29 | (4) An individual subject to registration under 42 |
30 | Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. § |
|
1 | 9793 and who is subject to lifetime registration who violates |
2 | subsection (a)(3) commits a felony of the first degree. |
3 | (c.1) Grading for failure to comply with counseling |
4 | requirements.--An individual designated as a sexually violent |
5 | predator or an individual who is subject to a counseling |
6 | requirement under a sex offender registration statute following |
7 | conviction in another jurisdiction who commits a violation of |
8 | subsection (a.1) commits a misdemeanor of the first degree. |
9 | (d) Effect of notice.--Neither failure on the part of the |
10 | Pennsylvania State Police to send nor failure of a sexually |
11 | violent predator or offender to receive any notice or |
12 | information pursuant to 42 Pa.C.S. § 9796(a.1) or (b.1) shall be |
13 | a defense to a prosecution commenced against an individual |
14 | arising from a violation of this section. The provisions of 42 |
15 | Pa.C.S. § 9796(a.1) and (b.1) are not an element of an offense |
16 | under this section. |
17 | (e) Arrests for violation.-- |
18 | (1) A police officer shall have the same right of arrest |
19 | without a warrant as in a felony whenever the police officer |
20 | has probable cause to believe an individual has committed a |
21 | violation of this section regardless of whether the violation |
22 | occurred in the presence of the police officer. |
23 | (2) An individual arrested for a violation of this |
24 | section shall be afforded a preliminary arraignment by the |
25 | proper issuing authority without unnecessary delay. In no |
26 | case may the individual be released from custody without |
27 | first having appeared before the issuing authority. |
28 | (3) Prior to admitting an individual arrested for a |
29 | violation of this section to bail, the issuing authority |
30 | shall require all of the following: |
|
1 | (i) The individual must be fingerprinted and |
2 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
3 | Subch. H (relating to registration of sexual offenders). |
4 | (ii) The individual must provide the Pennsylvania |
5 | State Police with all current or intended residences, all |
6 | information concerning current or intended employment, |
7 | including all employment locations, and all information |
8 | concerning current or intended enrollment as a student. |
9 | If the individual has a residence as defined in paragraph |
10 | (2) of the definition of "residence" set forth in section |
11 | 9792 (relating to definitions), the individual must |
12 | provide the Pennsylvania State Police with the |
13 | information required under 42 Pa.C.S. § 9795.2(a)(2)(i) |
14 | (A), (B) and (C). |
15 | (iii) Law enforcement must make reasonable attempts |
16 | to verify the information provided by the individual. |
17 | (f) Definition.--As used in this section, the term "a |
18 | similar offense" means an offense similar to an offense under |
19 | either subsection (a)(1) or (2) under the laws of this |
20 | Commonwealth, the United States or one of its territories or |
21 | possessions, another state, the District of Columbia, the |
22 | Commonwealth of Puerto Rico or a foreign nation. |
23 | (g) Expiration.--This section shall expire one year after |
24 | the effective date of this subsection. |
25 | Section 1.1. Title 18 is amended by adding a section to |
26 | read: |
27 | § 4915.1. Failure to comply with registration of sexual |
28 | offenders requirements. |
29 | (a) Offense defined.--An individual who is subject to |
30 | registration under 42 Pa.C.S. § 9799.13 (relating to |
|
1 | applicability) commits an offense if he knowingly fails to: |
2 | (1) register with the Pennsylvania State Police as |
3 | required under 42 Pa.C.S. § 9799.15 (relating to period of |
4 | registration), 9799.19 (relating to initial registration) or |
5 | 9799.25 (relating to verification by sexual offenders and |
6 | Pennsylvania State Police); |
7 | (2) verify his address or be photographed as required |
8 | under 42 Pa.C.S. § 9799.15, 9799.19 or 9799.25; or |
9 | (3) provide accurate information when registering under |
10 | 42 Pa.C.S. § 9799.15, 9799.19 or 9799.25. |
11 | (a.1) Transients.--An individual set forth in 42 Pa.C.S. § |
12 | 9799.13 who is a transient commits an offense if he knowingly |
13 | fails to: |
14 | (1) register with the Pennsylvania State Police as |
15 | required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating |
16 | to registry) and 9799.25(a)(7); |
17 | (2) verify the information provided in 42 Pa.C.S. §§ |
18 | 9799.15 and 9799.16(b)(6) or be photographed as required |
19 | under 42 Pa.C.S. § 9799.15 or 9799.25; |
20 | (3) provide accurate information when registering under |
21 | 42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25. |
22 | (a.2) Counseling.--The following apply: |
23 | (1) An individual who is designated as a sexually |
24 | violent predator commits an offense if he knowingly fails to |
25 | comply with 42 Pa.C.S. § 9799.36 (relating to counseling of |
26 | sexually violent predators). |
27 | (2) An individual who is subject to a counseling |
28 | requirement under a sex offender registration statute |
29 | following conviction in another jurisdiction commits an |
30 | offense if he knowingly fails to comply with 42 Pa.C.S. § |
|
1 | 9799.36. |
2 | (b) Grading for sexual offenders who must register for 15 |
3 | years.-- |
4 | (1) Except as set forth in paragraph (3), an individual |
5 | subject to registration under 42 Pa.C.S. § 9799.13 and |
6 | required to register for a period of 15 years who commits a |
7 | violation of subsection (a)(1) or (2) commits a felony of the |
8 | third degree. |
9 | (2) An individual subject to registration under 42 |
10 | Pa.C.S. § 9799.13 and required to register for a period of 15 |
11 | years who commits a violation of subsection (a)(1) or (2) and |
12 | who has previously been convicted of an offense under |
13 | subsection (a)(1) or (2) or a similar offense commits a |
14 | felony of the second degree. |
15 | (3) An individual subject to registration under 42 |
16 | Pa.C.S. § 9799.13 and required to register for a period of 15 |
17 | years who violates subsection (a)(3) commits a felony of the |
18 | second degree. |
19 | (c) Grading for sexual offenders who must register for 25 |
20 | years or life.-- |
21 | (1) Except as set forth in paragraph (3), an individual |
22 | subject to registration under 42 Pa.C.S. § 9799.13 and |
23 | required to register for a period of 25 years or life who |
24 | commits a violation of subsection (a)(1) or (2) commits a |
25 | felony of the second degree. |
26 | (2) An individual subject to registration under 42 |
27 | Pa.C.S. § 9799.13 and required to register for a period of 25 |
28 | years or life who commits a violation of subsection (a)(1) or |
29 | (2) and who has previously been convicted of an offense under |
30 | subsection (a)(1) or (2) or a similar offense commits a |
|
1 | felony of the first degree. |
2 | (3) An individual subject to registration under 42 |
3 | Pa.C.S. § 9799.13 and required to register for a period of 25 |
4 | years or life who violates subsection (a)(3) commits a felony |
5 | of the first degree. |
6 | (c.1) Grading for sexual offenders who are transients who |
7 | must register for 15 years.-- |
8 | (1) Except as set forth in paragraph (2) or (3), an |
9 | individual subject to registration under 42 Pa.C.S. § 9799.13 |
10 | who is a transient who must register for 15 years commits a |
11 | felony of the third degree if the individual violates |
12 | subsection (a.1)(1) or (2). |
13 | (2) An individual subject to registration under 42 |
14 | Pa.C.S. § 9799.13 who is a transient who must register for 15 |
15 | years commits a felony of the second degree if the individual |
16 | violates subsection (a.1)(3). |
17 | (3) An individual subject to registration under 42 |
18 | Pa.C.S. § 9799.13 who is a transient who must register for a |
19 | period of 15 years commits a felony of the second degree if |
20 | the individual violates subsection (a.1)(1), (2) or (3) and |
21 | has been previously convicted of an offense under subsection |
22 | (a.1)(1), (2) or (3) or a similar offense. |
23 | (c.2) Grading for sexual offenders who are transients who |
24 | must register for 25 years or life.-- |
25 | (1) Except as set forth in paragraph (2) or (3), an |
26 | individual subject to registration under 42 Pa.C.S. § 9799.13 |
27 | who is a transient who must register for a period of 25 years |
28 | or life commits a felony of the second degree if the |
29 | individual violates subsection (a.1)(1) or (2). |
30 | (2) An individual who is subject to registration under |
|
1 | 42 Pa.C.S. § 9799.13 who is a transient who must register for |
2 | a period of 25 years or life commits a felony of the first |
3 | degree if the individual violates subsection (a.1)(3). |
4 | (3) An individual subject to registration under 42 |
5 | Pa.C.S. § 9799.13 who is a transient who must register for a |
6 | period of 25 years or life commits a felony of the first |
7 | degree if the individual violates subsection (a.1)(1), (2) or |
8 | (3) and has been previously convicted of an offense under |
9 | subsection (a.1)(1), (2) or (3) or a similar offense. |
10 | (c.3) Grading for failure to comply with counseling |
11 | requirements.--An individual designated as a sexually violent |
12 | predator or an individual who is subject to a counseling |
13 | requirement under a sex offender registration statute following |
14 | conviction in another jurisdiction commits a misdemeanor of the |
15 | first degree if the individual violates subsection (a.2). |
16 | (d) Effect of notice.--Neither failure on the part of the |
17 | Pennsylvania State Police to send nor failure of a sexually |
18 | violent predator or offender to receive any notice or |
19 | information pursuant to 42 Pa.C.S. § 9799.25 shall be a defense |
20 | to a prosecution commenced against an individual arising from a |
21 | violation of this section. The provisions of 42 Pa.C.S. § |
22 | 9799.25 are not an element of an offense under this section. |
23 | (e) Arrests for violation.-- |
24 | (1) A police officer shall have the same right of arrest |
25 | without a warrant as in a felony whenever the police officer |
26 | has probable cause to believe an individual has committed a |
27 | violation of this section regardless of whether the violation |
28 | occurred in the presence of the police officer. |
29 | (2) An individual arrested for a violation of this |
30 | section shall be afforded a preliminary arraignment by the |
|
1 | proper issuing authority without unnecessary delay. In no |
2 | case may the individual be released from custody without |
3 | first having appeared before the issuing authority. |
4 | (3) Prior to admitting an individual arrested for a |
5 | violation of this section to bail, the issuing authority |
6 | shall require all of the following: |
7 | (i) The individual must be fingerprinted and |
8 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
9 | Subch. H (relating to registration of sexual offenders). |
10 | (ii) The individual must provide the Pennsylvania |
11 | State Police with all current or intended residences, all |
12 | information concerning current or intended employment, |
13 | including all employment locations, and all information |
14 | concerning current or intended enrollment as a student. |
15 | This subparagraph includes an individual who is a |
16 | transient, in which case the individual must, in addition |
17 | to other information required under this subparagraph, |
18 | provide the information set forth in 42 Pa.C.S. § |
19 | 9799.16(b)(6). |
20 | (iii) Law enforcement must make reasonable attempts |
21 | to verify the information provided by the individual. |
22 | (f) Definitions.--As used in this section, the following |
23 | words and phrases shall have the meanings given to them in this |
24 | subsection unless the context clearly indicates otherwise: |
25 | "Sexually violent predator." The term shall have the |
26 | meaning given to it in 42 Pa.C.S. § 9799.12 (relating to |
27 | definitions). |
28 | "Similar offense." An offense similar to an offense |
29 | under either subsection (a)(1) or (2) under the laws of this |
30 | Commonwealth, another jurisdiction or a foreign country or a |
|
1 | military offense, as defined in 42 Pa.C.S. § 9799.12 |
2 | (relating to definitions). |
3 | "Transient." The term shall have the meaning given to it |
4 | in 42 Pa.C.S. § 9799.12 (relating to definitions). |
5 | Section 1.2. Sections 5902(c) and 5903(a)(3), (4) and (5), |
6 | (b) and (e)(1) of Title 18 are amended to read: |
7 | § 5902. Prostitution and related offenses. |
8 | * * * |
9 | (c) Grading of offenses under subsection (b).-- |
10 | (1) An offense under subsection (b) constitutes a felony |
11 | of the third degree if: |
12 | (i) the offense falls within paragraphs (b)(1), (b) |
13 | (2) or (b)(3); |
14 | (ii) the actor compels another to engage in or |
15 | promote prostitution; |
16 | (iii) the actor promotes prostitution of a [child |
17 | under the age of 16 years] person under 18 years of age, |
18 | whether or not he is aware of the age of the child; |
19 | (iv) the actor promotes prostitution of his spouse, |
20 | child, ward or any person for whose care, protection or |
21 | support he is responsible; or |
22 | (v) the person knowingly promoted prostitution of |
23 | another who was HIV positive or infected with the AIDS |
24 | virus. |
25 | (2) Otherwise the offense is a misdemeanor of the second |
26 | degree. |
27 | * * * |
28 | § 5903. Obscene and other sexual materials and performances. |
29 | (a) Offenses defined.--No person, knowing the obscene |
30 | character of the materials or performances involved, shall: |
|
1 | * * * |
2 | (3) (i) design, copy, draw, photograph, print, utter, |
3 | publish or in any manner manufacture or prepare any |
4 | obscene materials; or |
5 | (ii) design, copy, draw, photograph, print, utter, |
6 | publish or in any manner manufacture or prepare any |
7 | obscene materials if the victim is a minor; |
8 | (4) (i) write, print, publish, utter or cause to be |
9 | written, printed, published or uttered any advertisement |
10 | or notice of any kind giving information, directly or |
11 | indirectly, stating or purporting to state where, how, |
12 | from whom, or by what means any obscene materials can be |
13 | purchased, obtained or had; or |
14 | (ii) write, print, publish, utter or cause to be |
15 | written, printed, published or uttered any advertisement |
16 | or notice of any kind giving information, directly or |
17 | indirectly, stating or purporting to state where, how, |
18 | from whom or by what means any obscene materials can be |
19 | purchased, obtained or had if the victim is a minor; |
20 | (5) (i) produce, present or direct any obscene |
21 | performance or participate in a portion thereof that is |
22 | obscene or that contributes to its obscenity; or |
23 | (ii) produce, present or direct any obscene |
24 | performance or participate in a portion thereof that is |
25 | obscene or that contributes to its obscenity if the |
26 | victim is a minor; |
27 | * * * |
28 | (b) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
|
1 | "Community." For the purpose of applying the "contemporary |
2 | community standards" in this section, community means the State. |
3 | "Knowing." As used in subsections (a) and (a.1), knowing |
4 | means having general knowledge of, or reason to know or a belief |
5 | or ground for belief which warrants further inspection or |
6 | inquiry of, the character and content of any material or |
7 | performance described therein which is reasonably susceptible of |
8 | examination by the defendant. |
9 | "Material." Any literature, including any book, magazine, |
10 | pamphlet, newspaper, storypaper, bumper sticker, comic book or |
11 | writing; any figure, visual representation, or image, including |
12 | any drawing, photograph, picture, videotape or motion picture. |
13 | "Minor." An individual under 18 years of age. |
14 | "Nude." Means showing the human male or female genitals, |
15 | pubic area or buttocks with less than a fully opaque covering, |
16 | or showing the female breast with less than a fully opaque |
17 | covering of any portion thereof below the top of the nipple. |
18 | "Obscene." Any material or performance, if: |
19 | (1) the average person applying contemporary community |
20 | standards would find that the subject matter taken as a whole |
21 | appeals to the prurient interest; |
22 | (2) the subject matter depicts or describes in a |
23 | patently offensive way, sexual conduct of a type described in |
24 | this section; and |
25 | (3) the subject matter, taken as a whole, lacks serious |
26 | literary, artistic, political, educational or scientific |
27 | value. |
28 | "Performance." Means any play, dance or other live |
29 | exhibition performed before an audience. |
30 | "Sadomasochistic abuse." Means, in a sexual context, |
|
1 | flagellation or torture by or upon a person who is nude or clad |
2 | in undergarments, a mask or in a bizarre costume or the |
3 | condition of being fettered, bound or otherwise physically |
4 | restrained on the part of one who is nude or so clothed. |
5 | "Sexual conduct." Patently offensive representations or |
6 | descriptions of ultimate sexual acts, normal or perverted, |
7 | actual or simulated, including sexual intercourse, anal or oral |
8 | sodomy and sexual bestiality; and patently offensive |
9 | representations or descriptions of masturbation, excretory |
10 | functions, sadomasochistic abuse and lewd exhibition of the |
11 | genitals. |
12 | "Subject line." The area of an electronic communication that |
13 | contains a summary description of the content of the message. |
14 | "Transportation facility." Any conveyance, premises or place |
15 | used for or in connection with public passenger transportation, |
16 | whether by air, rail, motor vehicle or any other method, |
17 | including aircraft, watercraft, railroad cars, buses, and air, |
18 | boat, railroad and bus terminals and stations. |
19 | * * * |
20 | (e) Definitions.--As used in subsections (c) and (d) of this |
21 | section: |
22 | [(1) "Minor" means any person under the age of 18 |
23 | years.] |
24 | * * * |
25 | Section 2. Section 6707(2)(ii) of Title 23 is amended to |
26 | read: |
27 | § 6707. Agency use of designated address. |
28 | State and local government agencies shall accept the |
29 | substitute address designated on a valid program participation |
30 | card issued to the program participant by the Office of Victim |
|
1 | Advocate as the program participant's address except as follows: |
2 | * * * |
3 | (2) when the program participant is any of the |
4 | following: |
5 | * * * |
6 | (ii) a convicted sexual offender who has fulfilled |
7 | the offender's sentence but must register the offender's |
8 | community residence as required under 42 Pa.C.S. [§§ |
9 | 9795.1 (relating to registration) and 9795.2 (relating to |
10 | registration procedures and applicability)] Ch. 97 Subch. |
11 | H (relating to registration of sexual offenders) or any |
12 | similar registration requirement imposed by any other |
13 | jurisdiction. |
14 | Section 3. Sections 6358(a) and (b), 6403(a)(2), (b)(3) and |
15 | (d) and 6404 of Title 42 are amended to read: |
16 | § 6358. Assessment of delinquent children by the State Sexual |
17 | Offenders Assessment Board. |
18 | (a) General rule.--A child who has been found to be |
19 | delinquent for an act of sexual violence which if committed by |
20 | an adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
21 | rape), 3123 (relating to involuntary deviate sexual |
22 | intercourse), 3124.1 (relating to sexual assault), 3125 |
23 | (relating to aggravated indecent assault), 3126 (relating to |
24 | indecent assault) or 4302 (relating to incest) who is committed |
25 | to an institution or other facility pursuant to section 6352 |
26 | (relating to disposition of delinquent child) and who remains in |
27 | any such institution or facility upon attaining 20 years of age |
28 | shall be subject to an assessment by the board. |
29 | (b) Duty of probation officer.--Ninety days prior to the |
30 | 20th birthday of the child, the probation officer shall have the |
|
1 | duty to notify the board of the status of the delinquent child |
2 | and the institution or other facility where the child is |
3 | presently committed. The probation officer shall assist the |
4 | board in obtaining access to the child and any information |
5 | required by the board to perform the assessment, including, but |
6 | not limited to, the child's official court record and complete |
7 | juvenile probation file. |
8 | * * * |
9 | § 6403. Court-ordered involuntary treatment. |
10 | (a) Persons subject to involuntary treatment.--A person may |
11 | be subject to court-ordered commitment for involuntary treatment |
12 | under this chapter if the person: |
13 | * * * |
14 | (2) Has been committed to an institution or other |
15 | facility pursuant to section 6352 (relating to disposition of |
16 | delinquent child) and remains in [the] any such institution |
17 | or [other] facility upon attaining 20 years of age. |
18 | * * * |
19 | (b) Procedures for initiating court-ordered involuntary |
20 | commitment.-- |
21 | * * * |
22 | (3) The court shall set a date for the hearing which |
23 | shall be held within 30 days of the filing of the petition |
24 | pursuant to paragraph (1) and direct the person to appear for |
25 | the hearing. A copy of the petition and notice of the hearing |
26 | date shall be served on the person, the attorney who |
27 | represented the person at the most recent dispositional |
28 | review hearing pursuant to section 6358(e) and the county |
29 | solicitor or a designee. A copy of the petition, the |
30 | assessment and notice of the hearing date shall also be |
|
1 | provided to the director of the facility operated by the |
2 | department pursuant to section 6406(a) (relating to duty of |
3 | Department of Public Welfare). The person and the attorney |
4 | who represented the person shall, along with copies of the |
5 | petition, also be provided with written notice advising that |
6 | the person has the right to counsel and that, if he cannot |
7 | afford one, counsel shall be appointed for the person. |
8 | * * * |
9 | (d) Determination and order.--Upon a finding by clear and |
10 | convincing evidence that the person has a mental abnormality or |
11 | personality disorder which results in serious difficulty in |
12 | controlling sexually violent behavior that makes the person |
13 | likely to engage in an act of sexual violence, an order shall be |
14 | entered directing the immediate commitment of the person for |
15 | [inpatient] involuntary inpatient treatment to a facility |
16 | designated by the department. The order shall be in writing and |
17 | shall be consistent with the protection of the public safety and |
18 | the appropriate control, care and treatment of the person. An |
19 | appeal shall not stay the execution of the order. If the court |
20 | does not order the person to be committed for involuntary |
21 | inpatient treatment by the department, the court shall order the |
22 | director of the facility operated by the department pursuant to |
23 | section 6406(a) to destroy the facility's copy of the petition |
24 | and the assessment. |
25 | § 6404. Duration of inpatient commitment and review. |
26 | (a) Initial period of commitment.--The person shall be |
27 | subject to a period of commitment for inpatient treatment for |
28 | one year. |
29 | (b) Annual review.-- |
30 | (1) Sixty days prior to the expiration of the one-year |
|
1 | commitment period, the director of the facility or a designee |
2 | shall submit an evaluation and the board shall submit an |
3 | assessment of the person to the court. |
4 | (2) The court shall schedule a review hearing which |
5 | shall be conducted pursuant to section 6403(c) (relating to |
6 | court-ordered involuntary treatment) and which shall be held |
7 | no later than 30 days after receipt of both the evaluation |
8 | and the assessment under paragraph (1). Notice of the review |
9 | hearing shall be provided to the person, the attorney who |
10 | represented the person at the previous hearing held pursuant |
11 | to this subsection or section 6403, the district attorney and |
12 | the county solicitor or a designee. The person and the |
13 | person's attorney shall also be provided with written notice |
14 | advising that the person has the right to counsel and that, |
15 | if he cannot afford one, counsel shall be appointed for the |
16 | person. If the court determines by clear and convincing |
17 | evidence that the person continues to have serious difficulty |
18 | controlling sexually violent behavior while committed for |
19 | inpatient treatment due to a mental abnormality or |
20 | personality disorder that makes the person likely to engage |
21 | in an act of sexual violence, the court shall order an |
22 | additional period of involuntary inpatient treatment of one |
23 | year; otherwise, the court shall order the [discharge of] |
24 | department, in consultation with the board, to develop an |
25 | outpatient treatment plan for the person. The order shall be |
26 | in writing and shall be consistent with the protection of the |
27 | public safety and appropriate control, care and treatment of |
28 | the person. |
29 | (c) [Discharge] Outpatient treatment plan.-- |
30 | (1) If at any time the director or a designee of the |
|
1 | facility to which the person was committed concludes the |
2 | person no longer has serious difficulty in controlling |
3 | sexually violent behavior in an inpatient setting, the |
4 | director shall petition the court for a hearing. Notice of |
5 | the petition shall be given to the person, the attorney who |
6 | represented the person at the previous hearing held pursuant |
7 | to subsection (b) or section 6403, the board, the district |
8 | attorney and the county solicitor. The person and the |
9 | person's attorney shall also be provided with written notice |
10 | advising that the person has the right to counsel and that, |
11 | if he cannot afford one, counsel shall be appointed for the |
12 | person. |
13 | (2) Upon receipt of notice under paragraph (1), the |
14 | board shall conduct a new assessment within 30 days and |
15 | provide that assessment to the court. |
16 | (3) Within 15 days after the receipt of the assessment |
17 | from the board, the court shall hold a hearing pursuant to |
18 | section 6403(c). If the court determines by clear and |
19 | convincing evidence that the person continues to have serious |
20 | difficulty controlling sexually violent behavior due to a |
21 | mental abnormality or personality disorder that makes the |
22 | person likely to engage in an act of sexual violence, the |
23 | court shall order that the person be subject to the remainder |
24 | of the period of inpatient commitment. Otherwise, the court |
25 | shall order the [discharge of] department, in consultation |
26 | with the board, to develop an outpatient treatment plan for |
27 | the person. |
28 | (4) The department shall provide the person with notice |
29 | of the person's right to petition the court for [discharge] |
30 | transfer to involuntary outpatient treatment over the |
|
1 | objection of the department. The court, after review of the |
2 | petition, may schedule a hearing pursuant to section 6403(c). |
3 | (5) An outpatient treatment plan shall be in writing and |
4 | shall identify the specific entity that will provide each |
5 | clinical and support service identified in the plan. |
6 | (6) The department shall provide a copy of the |
7 | outpatient treatment plan to the court, the person, the |
8 | attorney who represented the person at the most recent |
9 | hearing pursuant to section 6403, the board, the district |
10 | attorney, and the county solicitor or a designee. |
11 | (d) Prohibition on discharge.--The court shall not order |
12 | discharge from involuntary treatment until the person has |
13 | completed involuntary outpatient treatment pursuant to section |
14 | 6404.2 (relating to duration of outpatient commitment and |
15 | review). |
16 | Section 4. Title 42 is amended by adding sections to read: |
17 | § 6404.1. Transfer to involuntary outpatient treatment. |
18 | The court may approve or disapprove an outpatient treatment |
19 | plan. Upon approval of an outpatient treatment plan, the court |
20 | shall order transfer of the person to involuntary outpatient |
21 | treatment pursuant to section 6404.2 (relating to duration of |
22 | outpatient commitment and review). |
23 | § 6404.2. Duration of outpatient commitment and review. |
24 | (a) Terms and conditions.--If a court has ordered the |
25 | transfer of the person to involuntary outpatient treatment |
26 | pursuant to section 6404.1 (relating to transfer to involuntary |
27 | outpatient treatment), the court may in its discretion specify |
28 | the terms and conditions of the outpatient commitment, |
29 | including, but not limited to: |
30 | (1) Absolute compliance with the outpatient treatment |
|
1 | plan. |
2 | (2) Restrictions and requirements regarding the location |
3 | of the person's residence and the times the person must be |
4 | physically present. |
5 | (3) Restrictions and requirements regarding areas the |
6 | person is not permitted to visit. |
7 | (4) Restrictions and requirements regarding who the |
8 | person may contact in any medium. |
9 | (5) Periodic polygraph tests. |
10 | (b) Duration.--The court shall order involuntary outpatient |
11 | treatment for a period of one year. |
12 | (c) Status reports.--An involuntary outpatient treatment |
13 | provider shall submit a report on the person's status and |
14 | clinical progress, on a form prescribed by the department, to |
15 | the facility operated by the department pursuant to section |
16 | 6406(a) (relating to duty of Department of Public Welfare), not |
17 | less than every 30 days. |
18 | (d) Failure to comply.--If an involuntary outpatient |
19 | treatment provider becomes aware that the person has violated |
20 | any provision of the treatment plan or any term or condition |
21 | specified pursuant to subsection (a), or the provider concludes |
22 | that the person is having serious difficulty controlling |
23 | sexually violent behavior in an outpatient setting due to a |
24 | mental abnormality or personality disorder that makes the person |
25 | likely to engage in an act of sexual violence, the provider |
26 | shall immediately notify the facility operated by the department |
27 | pursuant to section 6406(a). The facility shall notify the court |
28 | by the close of the next business day. |
29 | (e) Revocation of transfer.--Upon receiving notice pursuant |
30 | to subsection (d) that the person has violated a material term |
|
1 | or condition of transfer specified pursuant to subsection (a), |
2 | or that the person is having serious difficulty controlling |
3 | sexually violent behavior in an outpatient setting due to a |
4 | mental abnormality or personality disorder that makes the person |
5 | likely to engage in an act of sexual violence, the court shall |
6 | revoke the transfer to involuntary outpatient treatment and |
7 | order the immediate return to involuntary inpatient treatment |
8 | without a prior hearing. The court may issue a warrant requiring |
9 | any law enforcement officer or any person authorized by the |
10 | court to take the person into custody and return the person to |
11 | involuntary inpatient treatment. The person may file a written |
12 | request for a hearing after revocation of the transfer to |
13 | involuntary treatment. The court shall conduct a hearing |
14 | pursuant to section 6403(c) (relating to court-ordered |
15 | involuntary treatment) within ten days of filing of the request. |
16 | (f) Annual review and discharge.-- |
17 | (1) Sixty days prior to the expiration of the one-year |
18 | outpatient commitment period, the director of the facility or |
19 | a designee shall submit an evaluation, and the board shall |
20 | submit an assessment of the person to the court. |
21 | (2) The court shall schedule a review hearing which |
22 | shall be conducted pursuant to section 6403(c) and which |
23 | shall be held no later than 30 days after receipt of both the |
24 | evaluation and the assessment under paragraph (1). Notice of |
25 | the review hearing shall be provided to the person, the |
26 | attorney who represented the person at the previous hearing |
27 | held pursuant to section 6403, the district attorney and the |
28 | county solicitor or a designee. The person and the person's |
29 | attorney shall also be provided with written notice advising |
30 | that the person has the right to counsel and that, if the |
|
1 | person cannot afford one, counsel shall be appointed for the |
2 | person. If the court determines by clear and convincing |
3 | evidence that the person has serious difficulty controlling |
4 | sexually violent behavior due to a mental abnormality or |
5 | personality disorder that makes the person likely to engage |
6 | in an act of sexual violence, the court shall order an |
7 | additional period of involuntary inpatient treatment of one |
8 | year; otherwise the court shall order the discharge of the |
9 | person. The order shall be in writing and shall be consistent |
10 | with the protection of the public safety and appropriate |
11 | control, care and treatment of the person. |
12 | Section 5. Sections 6406(a), 6409, 9718.1(a) introductory |
13 | paragraph and (b)(2), 9718.2(a) and (d) and 9718.3(a) of Title |
14 | 42 are amended to read: |
15 | § 6406. Duty of Department of Public Welfare. |
16 | (a) General rule.--The department shall have the duty to |
17 | provide a separate, secure State-owned facility or unit utilized |
18 | solely for the control, care and treatment of persons committed |
19 | pursuant to this chapter. The department shall be responsible |
20 | for all costs relating to the control, care and treatment of |
21 | persons committed to [custody] involuntary treatment pursuant to |
22 | this chapter. |
23 | * * * |
24 | § 6409. Immunity for good faith conduct. |
25 | The following entities shall be immune from liability for |
26 | good faith conduct under this subchapter: |
27 | (1) Members of the board and its agents and employees. |
28 | (2) The department and its agents and employees. |
29 | (3) County probation departments and their agents and |
30 | employees. |
|
1 | (4) Providers of involuntary outpatient treatment and |
2 | their agents and employees. |
3 | § 9718.1. Sexual offender treatment. |
4 | (a) General rule.--A person, including an offender |
5 | designated as a "sexually violent predator" as defined in |
6 | section [9792] 9799.12 (relating to definitions), shall attend |
7 | and participate in a Department of Corrections program of |
8 | counseling or therapy designed for incarcerated sex offenders if |
9 | the person is incarcerated in a State institution for any of the |
10 | following provisions under 18 Pa.C.S. (relating to crimes and |
11 | offenses): |
12 | * * * |
13 | (b) Eligibility for parole.--For an offender required to |
14 | participate in the program under subsection (a), all of the |
15 | following apply: |
16 | * * * |
17 | (2) Notwithstanding paragraph (1)(iii), an offender who |
18 | is a sexually violent predator is subject to section [9799.4] |
19 | 9799.36 (relating to counseling of sexually violent |
20 | predators). |
21 | * * * |
22 | § 9718.2. Sentences for [sex] sexual offenders. |
23 | (a) Mandatory sentence.-- |
24 | (1) Any person who is convicted in any court of this |
25 | Commonwealth of an offense set forth in section [9795.1(a) or |
26 | (b) (relating to registration)] 9799.14 (relating to sexual |
27 | offenses and tier system) shall, if at the time of the |
28 | commission of the current offense the person had previously |
29 | been convicted of an offense set forth in section [9795.1(a) |
30 | or (b)] 9799.14 or an equivalent crime under the laws of this |
|
1 | Commonwealth in effect at the time of the commission of that |
2 | offense or an equivalent crime in another jurisdiction, be |
3 | sentenced to a minimum sentence of at least 25 years of total |
4 | confinement, notwithstanding any other provision of this |
5 | title or other statute to the contrary. Upon such conviction, |
6 | the court shall give the person oral and written notice of |
7 | the penalties under paragraph (2) for a third conviction. |
8 | Failure to provide such notice shall not render the offender |
9 | ineligible to be sentenced under paragraph (2). |
10 | (2) Where the person had at the time of the commission |
11 | of the current offense previously been convicted of two or |
12 | more offenses arising from separate criminal transactions set |
13 | forth in section [9795.1(a) or (b)] 9799.14 or equivalent |
14 | crimes under the laws of this Commonwealth in effect at the |
15 | time of the commission of the offense or equivalent crimes in |
16 | another jurisdiction, the person shall be sentenced to a term |
17 | of life imprisonment, notwithstanding any other provision of |
18 | this title or other statute to the contrary. Proof that the |
19 | offender received notice of or otherwise knew or should have |
20 | known of the penalties under this paragraph shall not be |
21 | required. |
22 | * * * |
23 | (d) Authority of court in sentencing.--[Notice of the |
24 | application of this section shall be provided to the defendant |
25 | before trial. If the notice is given, there] There shall be no |
26 | authority in any court to impose on an offender to which this |
27 | section is applicable any lesser sentence than provided for in |
28 | subsections (a) and (b) or to place the offender on probation or |
29 | to suspend sentence. Nothing in this section shall prevent the |
30 | sentencing court from imposing a sentence greater than that |
|
1 | provided in this section. Sentencing guidelines promulgated by |
2 | the Pennsylvania Commission on Sentencing shall not supersede |
3 | the mandatory sentences provided in this section. |
4 | * * * |
5 | § 9718.3. Sentence for failure to comply with registration of |
6 | sexual offenders. |
7 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
8 | follows: |
9 | (1) Sentencing upon conviction for a first offense shall |
10 | be as follows: |
11 | (i) Not less than two years for an individual who: |
12 | (A) was subject to section 9795.1(a) (relating |
13 | to registration) or a similar provision from another |
14 | jurisdiction or former section 9793 (relating to |
15 | registration of certain offenders for ten years); and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
17 | (relating to failure to comply with registration of |
18 | sexual offenders requirements). |
19 | (ii) Not less than three years for an individual |
20 | who: |
21 | (A) was subject to section 9795.1(a) or a |
22 | similar provision from another jurisdiction or former |
23 | section 9793; and |
24 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
25 | (iii) Not less than three years for an individual |
26 | who: |
27 | (A) was subject to section 9795.1(b) or a |
28 | similar provision from another jurisdiction; and |
29 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
30 | (iv) Not less than five years for an individual who: |
|
1 | (A) was subject to section 9795.1(b) or a |
2 | similar provision from another jurisdiction; and |
3 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
4 | (2) Sentencing upon conviction for a second or |
5 | subsequent offense shall be as follows: |
6 | (i) Not less than five years for an individual who: |
7 | (A) was subject to section 9795.1 or a similar |
8 | provision from another jurisdiction or former section |
9 | 9793; and |
10 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
11 | (ii) Not less than seven years for an individual |
12 | who: |
13 | (A) was subject to section 9795.1 or a similar |
14 | provision from another jurisdiction or former section |
15 | 9793; and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
17 | * * * |
18 | Section 6. Title 42 is amended by adding a section to read: |
19 | § 9718.4. Sentence for failure to comply with registration of |
20 | sexual offenders. |
21 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
22 | follows: |
23 | (1) Sentencing upon conviction for a first offense shall |
24 | be as follows: |
25 | (i) Not less than two years for an individual who: |
26 | (A) is subject to section 9799.13 (relating to |
27 | applicability) and must register for a period of 15 |
28 | years under section 9799.15 (relating to period of |
29 | registration) or a similar provision from another |
30 | jurisdiction; and |
|
1 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
2 | (relating to failure to comply with registration of |
3 | sexual offenders requirements). |
4 | (ii) Not less than three years for an individual |
5 | who: |
6 | (A) is subject to section 9799.13 and must |
7 | register for a period of 15 years under section |
8 | 9799.15 or a similar provision from another |
9 | jurisdiction; and |
10 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
11 | (iii) Not less than three years for an individual |
12 | who: |
13 | (A) is subject to section 9799.13 and must |
14 | register for a period of 25 years or life under |
15 | section 9799.15 or a similar provision from another |
16 | jurisdiction; and |
17 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
18 | (iv) Not less than five years for an individual who: |
19 | (A) is subject to section 9799.13 and must |
20 | register for a period of 25 years or life under |
21 | section 9799.15 or a similar provision from another |
22 | jurisdiction; and |
23 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
24 | (2) Sentencing upon conviction for a second or |
25 | subsequent offense shall be as follows: |
26 | (i) Not less than five years for an individual who: |
27 | (A) is subject to section 9799.13 and must |
28 | register for a period of 15 or 25 years or life under |
29 | section 9799.15 or a similar provision from another |
30 | jurisdiction; and |
|
1 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
2 | (ii) Not less than seven years for an individual |
3 | who: |
4 | (A) is subject to section 9799.13 and must |
5 | register for a period of 15 or 25 years or life under |
6 | section 9799.15 or a similar provision from another |
7 | jurisdiction; and |
8 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
9 | (a.1) Transients and mandatory sentence.--Mandatory |
10 | sentencing shall be as follows: |
11 | (1) Sentencing upon conviction for a first offense shall |
12 | be as follows: |
13 | (i) Not less than two years for an individual who: |
14 | (A) is subject to section 9799.13 and must |
15 | register for a period of 15 years under section |
16 | 9799.15 or a similar provision from another |
17 | jurisdiction and is a transient; and |
18 | (B) violated 18 Pa.C.S. § 4915(a.1)(1) or (2). |
19 | (ii) Not less than three years for an individual |
20 | who: |
21 | (A) is subject to section 9799.13 and must |
22 | register for a period of 15 years under section |
23 | 9799.15 or a similar provision from another |
24 | jurisdiction and is transient; and |
25 | (B) violated 18 Pa.C.S. § 4915(a.1)(3). |
26 | (iii) Not less than three years for an individual |
27 | who: |
28 | (A) is subject to section 9799.13 and must |
29 | register for a period of 25 years or life under |
30 | section 9799.15 or a similar provision from another |
|
1 | jurisdiction and is transient; and |
2 | (B) violated 18 Pa.C.S. § 4915(a.1)(1) or (2). |
3 | (iv) Not less than five years for an individual who: |
4 | (A) is subject to section 9799.13 and must |
5 | register for a period of 25 years or life under |
6 | section 9799.15 or a similar provision from another |
7 | jurisdiction and is a transient; and |
8 | (B) violated 18 Pa.C.S. § 4915(a.1)(3). |
9 | (2) Sentencing upon conviction for a second or |
10 | subsequent offense shall be as follows: |
11 | (i) Not less than five years for an individual who: |
12 | (A) is subject to section 9799.13 and must |
13 | register for a period of 15 or 25 years or life under |
14 | section 9799.15 or a similar provision from another |
15 | jurisdiction and is transient; and |
16 | (B) violated 18 Pa.C.S. § 4915(a.1)(1) or (2). |
17 | (ii) Not less than seven years for an individual |
18 | who: |
19 | (A) is subject to section 9799.13 and must |
20 | register for a period of 15 or 25 years or life under |
21 | section 9799.15 or a similar provision from another |
22 | jurisdiction and is a transient; and |
23 | (B) violated 18 Pa.C.S. § 4915(a.1)(3). |
24 | (b) Proof at sentencing.--The provisions of this section |
25 | shall not be an element of the crime, and notice thereof to the |
26 | defendant shall not be required prior to conviction, but |
27 | reasonable notice of the Commonwealth's intention to proceed |
28 | under this section shall be provided after conviction and before |
29 | sentencing. The applicability of this section shall be |
30 | determined at sentencing. The court shall consider any evidence |
|
1 | presented at trial and shall afford the Commonwealth and the |
2 | defendant an opportunity to present any necessary additional |
3 | evidence and shall determine, by a preponderance of the |
4 | evidence, if this section is applicable. |
5 | (c) Authority of court in sentencing.--There shall be no |
6 | authority in any court to impose on an offender to which this |
7 | section is applicable any lesser sentence than provided for in |
8 | subsection (a) or to place such offender on probation or to |
9 | suspend sentence. Nothing in this section shall prevent the |
10 | sentencing court from imposing a sentence greater than that |
11 | provided in this section. Sentencing guidelines promulgated by |
12 | the Pennsylvania Commission on Sentencing shall not supersede |
13 | the mandatory sentences provided in this section. |
14 | (d) Appeal by Commonwealth.--If a sentencing court refuses |
15 | to apply this section where applicable, the Commonwealth shall |
16 | have the right to appellate review of the action of the |
17 | sentencing court. The appellate court shall vacate the sentence |
18 | and remand the case to the sentencing court for imposition of a |
19 | sentence in accordance with this section if it finds that the |
20 | sentence was imposed in violation of this section. |
21 | Section 7. Section 9791 of Title 42 is amended to read: |
22 | § 9791. Legislative findings and declaration of policy. |
23 | (a) Legislative findings.--It is hereby determined and |
24 | declared as a matter of legislative finding: |
25 | (1) If the public is provided adequate notice and |
26 | information about sexually violent predators and certain |
27 | other offenders, including those sexually violent predators |
28 | and offenders who do not have a fixed place of habitation or |
29 | abode, the community can develop constructive plans to |
30 | prepare themselves and their children for the offender's |
|
1 | release. This allows communities to meet with law enforcement |
2 | to prepare and obtain information about the rights and |
3 | responsibilities of the community and to provide education |
4 | and counseling to their children. |
5 | (2) These sexually violent predators pose a high risk of |
6 | engaging in further offenses even after being released from |
7 | incarceration or commitments and that protection of the |
8 | public from this type of offender is a paramount governmental |
9 | interest. |
10 | (3) The penal and mental health components of our |
11 | justice system are largely hidden from public view and lack |
12 | of information from either may result in failure of both |
13 | systems to meet this paramount concern of public safety. |
14 | (4) Overly restrictive confidentiality and liability |
15 | laws governing the release of information about sexually |
16 | violent predators have reduced the willingness to release |
17 | information that could be appropriately released under the |
18 | public disclosure laws and have increased risks to public |
19 | safety. |
20 | (5) Persons found to have committed such an offense have |
21 | a reduced expectation of privacy because of the public's |
22 | interest in public safety and in the effective operation of |
23 | government. |
24 | (6) Release of information about sexually violent |
25 | predators to public agencies and the general public will |
26 | further the governmental interests of public safety and |
27 | public scrutiny of the criminal and mental health systems so |
28 | long as the information released is rationally related to the |
29 | furtherance of those goals. |
30 | [(b) Declaration of policy.--It is hereby declared to be the |
|
1 | intention of the General Assembly to protect the safety and |
2 | general welfare of the people of this Commonwealth by providing |
3 | for registration and community notification regarding sexually |
4 | violent predators who are about to be released from custody and |
5 | will live in or near their neighborhood. It is further declared |
6 | to be the policy of this Commonwealth to require the exchange of |
7 | relevant information about sexually violent predators among |
8 | public agencies and officials and to authorize the release of |
9 | necessary and relevant information about sexually violent |
10 | predators to members of the general public as a means of |
11 | assuring public protection and shall not be construed as |
12 | punitive.] |
13 | (b) Declaration of policy.--It is hereby declared to be the |
14 | intention of the General Assembly to: |
15 | (1) Protect the safety and general welfare of the people |
16 | of this Commonwealth by providing for registration and |
17 | community notification regarding sexually violent predators |
18 | who are about to be released from custody and will live in or |
19 | near their neighborhood. |
20 | (2) Require the exchange of relevant information about |
21 | sexually violent predators among public agencies and |
22 | officials and to authorize the release of necessary and |
23 | relevant information about sexually violent predators to |
24 | members of the general public as a means of assuring public |
25 | protection and shall not be construed as punitive. |
26 | (3) Address the Superior Court's opinion in the case of |
27 | Commonwealth v. Wilgus, 975 A.2d 1183 (2009) by requiring |
28 | offenders and sexually violent predators without a fixed |
29 | place of habitation or abode to register under this |
30 | subchapter. |
|
1 | Section 8. The definitions of "passive notification" and |
2 | "residence" in section 9792 of Title 42 are amended to read: |
3 | § 9792. Definitions. |
4 | The following words and phrases when used in this subchapter |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | * * * |
8 | "Passive notification." Notification pursuant to section |
9 | 9798.1 (relating to information made available on the Internet |
10 | and electronic notification) or any process whereby persons, |
11 | pursuant to the laws of the United States or one of its |
12 | territories or possessions, another state, the District of |
13 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
14 | are able to access information pertaining to an individual as a |
15 | result of the individual having been convicted or sentenced by a |
16 | court for an offense similar to an offense listed in section |
17 | 9795.1 (relating to registration). |
18 | * * * |
19 | "Residence." [A location where an individual resides or is |
20 | domiciled or intends to be domiciled for 30 consecutive days or |
21 | more during a calendar year.] With respect to an individual |
22 | required to register under this subchapter, any of the |
23 | following: |
24 | (1) A location where an individual resides or is |
25 | domiciled or intends to be domiciled for 30 consecutive days |
26 | or more during a calendar year. |
27 | (2) In the case of an individual who fails to establish |
28 | a residence as set forth in paragraph (1), a temporary |
29 | habitat or other temporary place of abode or dwelling, |
30 | including a homeless shelter or park, where the individual is |
|
1 | lodged. |
2 | * * * |
3 | Section 9. Sections 9795.1(a) and (b), 9795.2(a)(2)(i), (b) |
4 | (4) introductory paragraph and (i) and (5) introductory |
5 | paragraph and (c)(1) and (3), 9795.3(2), (2.1) and (3) and |
6 | 9795.5(a)(1) of Title 42 are amended to read: |
7 | § 9795.1. Registration. |
8 | (a) Ten-year registration.--The following individuals shall |
9 | be required to register with the Pennsylvania State Police for a |
10 | period of ten years: |
11 | (1) Individuals convicted of any of the following |
12 | offenses: |
13 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
14 | victim is a minor. |
15 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
16 | motor vehicle or structure). |
17 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
18 | assault). |
19 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
20 | where the offense is graded as a misdemeanor of the first |
21 | degree or higher. |
22 | 18 Pa.C.S. § 4302 (relating to incest) where the |
23 | victim is 12 years of age or older but under 18 years of |
24 | age. |
25 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
26 | related offenses) where the actor promotes the |
27 | prostitution of a minor. |
28 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
29 | obscene and other sexual materials and performances) |
30 | where the victim is a minor. |
|
1 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
2 | children). |
3 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
4 | minor). |
5 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
6 | children). |
7 | (2) Individuals convicted of an attempt, conspiracy or |
8 | solicitation to commit any of the offenses under paragraph |
9 | (1) or subsection (b)(2). |
10 | (3) Individuals [currently residing] who currently have |
11 | a residence in this Commonwealth who have been convicted of |
12 | offenses similar to the crimes cited in paragraphs (1) and |
13 | (2) under the laws of the United States or one of its |
14 | territories or possessions, another state, the District of |
15 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
16 | or under a former law of this Commonwealth. |
17 | (b) Lifetime registration.--The following individuals shall |
18 | be subject to lifetime registration: |
19 | (1) An individual with two or more convictions of any of |
20 | the offenses set forth in subsection (a). |
21 | [(2) Individuals convicted of any of the following |
22 | offenses: |
23 | 18 Pa.C.S. § 3121 (relating to rape). |
24 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
25 | sexual intercourse). |
26 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
27 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
28 | assault). |
29 | 18 Pa.C.S. § 4302 (relating to incest) when the |
30 | victim is under 12 years of age. |
|
1 | (3) Sexually violent predators. |
2 | (4) Individuals currently residing in this Commonwealth |
3 | who have been convicted of offenses similar to the crimes |
4 | cited in paragraph (2) under the laws of the United States or |
5 | one of its territories or possessions, another state, the |
6 | District of Columbia, the Commonwealth of Puerto Rico or a |
7 | foreign nation or under a former law of this Commonwealth.] |
8 | (2) Individuals convicted: |
9 | (i) in this Commonwealth of the following offenses: |
10 | 18 Pa.C.S. § 3121 (relating to rape). |
11 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
12 | sexual intercourse). |
13 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
14 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
15 | assault). |
16 | 18 Pa.C.S. § 4302 (relating to incest) when the |
17 | victim is under 12 years of age. |
18 | (ii) of offenses similar to the crimes cited in |
19 | paragraph (2)(i) under the laws of the United States or |
20 | one of its territories or possessions, another state, the |
21 | District of Columbia, the Commonwealth of Puerto Rico or |
22 | a foreign nation or under a former law of this |
23 | Commonwealth who currently reside in this Commonwealth. |
24 | (3) Sexually violent predators. |
25 | * * * |
26 | § 9795.2. Registration procedures and applicability. |
27 | (a) Registration.-- |
28 | * * * |
29 | (2) Offenders and sexually violent predators shall |
30 | inform the Pennsylvania State Police within 48 hours of: |
|
1 | (i) Any change of residence or establishment of an |
2 | additional residence or residences. In the case of an |
3 | individual who has a residence as defined in paragraph |
4 | (2) of the definition of "residence" set forth in section |
5 | 9792 (relating to definitions), the individual shall |
6 | inform the Pennsylvania State Police of the following: |
7 | (A) the location of a temporary habitat or other |
8 | temporary place of abode or dwelling, including a |
9 | homeless shelter or park, where the individual is |
10 | lodged; |
11 | (B) a list of places the individual eats, |
12 | frequents and engages in leisure activities and any |
13 | planned destinations, including those outside this |
14 | Commonwealth; and |
15 | (C) the place the individual receives mail, |
16 | including a post office box. |
17 | The duty to provide the information set forth in this |
18 | subparagraph shall apply until the individual establishes |
19 | a residence as defined in paragraph (1) of the definition |
20 | of "residence" set forth in section 9792. If the |
21 | individual who has a residence as defined in paragraph |
22 | (2) of the definition of "residence" set forth in section |
23 | 9792 changes or adds to the places listed in this |
24 | subparagraph during a 30-day period, the individual shall |
25 | list these when re-registering during the next 30-day |
26 | period. |
27 | * * * |
28 | (b) Individuals convicted or sentenced by a court or |
29 | adjudicated delinquent in jurisdictions outside this |
30 | Commonwealth or sentenced by court martial.-- |
|
1 | (4) An individual who [resides] has a residence, is |
2 | employed or is a student in this Commonwealth and who has |
3 | been convicted of or sentenced by a court or court martialed |
4 | for a sexually violent offense or a similar offense under the |
5 | laws of the United States or one of its territories or |
6 | possessions, another state, the District of Columbia, the |
7 | Commonwealth of Puerto Rico or a foreign nation, or who was |
8 | required to register under a sexual offender statute in the |
9 | jurisdiction where convicted, sentenced or court martialed, |
10 | shall register at an approved registration site within 48 |
11 | hours of the individual's arrival in this Commonwealth. The |
12 | provisions of this subchapter shall apply to the individual |
13 | as follows: |
14 | (i) If the individual has been classified as a |
15 | sexually violent predator as defined in section 9792 |
16 | (relating to definitions) or determined under the laws of |
17 | the other jurisdiction or by reason of court martial to |
18 | be subject to active notification and lifetime |
19 | registration on the basis of a statutorily authorized |
20 | administrative or judicial decision or on the basis of a |
21 | statute or administrative rule requiring active |
22 | notification and lifetime registration based solely on |
23 | the offense for which the individual was convicted, |
24 | sentenced or court martialed, the individual shall, |
25 | notwithstanding section 9792, be considered a sexually |
26 | violent predator and subject to lifetime registration |
27 | pursuant to section 9795.1(b) (relating to registration). |
28 | The individual shall also be subject to the provisions of |
29 | this section and sections 9796 (relating to verification |
30 | of residence), 9798 (relating to other notification) and |
|
1 | 9798.1(c)(1) (relating to information made available on |
2 | the Internet and electronic notification), except that |
3 | the individual shall not be required to receive |
4 | counseling unless required to do so by the other |
5 | jurisdiction or by reason of court martial. |
6 | * * * |
7 | (5) Notwithstanding the provisions of Chapter 63 |
8 | (relating to juvenile matters) and except as provided in |
9 | paragraph (4), an individual who [resides] has a residence, |
10 | is employed or is a student in this Commonwealth and who is |
11 | required to register as a sex offender under the laws of the |
12 | United States or one of its territories or possessions, |
13 | another state, the District of Columbia, the Commonwealth of |
14 | Puerto Rico or a foreign nation as a result of a juvenile |
15 | adjudication shall register at an approved registration site |
16 | within 48 hours of the individual's arrival in this |
17 | Commonwealth. The provisions of this subchapter shall apply |
18 | to the individual as follows: |
19 | * * * |
20 | (c) Registration information to local police.-- |
21 | (1) The Pennsylvania State Police shall provide the |
22 | information obtained under this section and sections 9795.3 |
23 | (relating to sentencing court information) and 9796 (relating |
24 | to verification of residence) to the chief law enforcement |
25 | officers of the police departments of the municipalities in |
26 | which the individual will [reside,] establish a residence or |
27 | be employed or enrolled as a student. In addition, the |
28 | Pennsylvania State Police shall provide this officer with the |
29 | address at which the individual will [reside,] establish a |
30 | residence or be employed or enrolled as a student following |
|
1 | his release from incarceration, parole or probation. |
2 | * * * |
3 | (3) The Pennsylvania State Police shall provide notice |
4 | to the chief law enforcement officers of the police |
5 | departments of the municipalities notified pursuant to |
6 | paragraph (1) when they are in receipt of information |
7 | indicating that the individual will no longer [reside] have a |
8 | residence, be employed or be enrolled as a student in the |
9 | municipality. |
10 | * * * |
11 | § 9795.3. Sentencing court information. |
12 | The sentencing court shall inform offenders and sexually |
13 | violent predators at the time of sentencing of the provisions of |
14 | this subchapter. The court shall: |
15 | * * * |
16 | (2) Specifically inform the offender or sexually violent |
17 | predator of the duty to inform the Pennsylvania State Police |
18 | within [ten days] 48 hours if the offender or sexually |
19 | violent predator changes residence or establishes an |
20 | additional residence or residences, changes employer or |
21 | employment location for a period of time that will exceed 14 |
22 | days or for an aggregate period of time that will exceed 30 |
23 | days during any calendar year or terminates employment or |
24 | changes institution or location at which the person is |
25 | enrolled as a student or terminates enrollment. In order to |
26 | fulfill the requirements of this paragraph, the sentencing |
27 | court shall specifically inform the offender or sexually |
28 | violent predator of the duty to inform the Pennsylvania State |
29 | Police of: |
30 | (i) the location of a temporary habitat or other |
|
1 | temporary place of abode or dwelling, including a |
2 | homeless shelter or park, where the individual is lodged; |
3 | (ii) the places the individual eats, frequents and |
4 | engages in leisure activities and any planned |
5 | destinations, including those outside this Commonwealth; |
6 | and |
7 | (iii) the place the individual receives mail, |
8 | including a post office box, |
9 | if the individual fails to establish a residence as defined |
10 | in paragraph (1) of the definition of "residence" set forth |
11 | in section 9792. |
12 | (2.1) Specifically inform the offender or sexually |
13 | violent predator of the duty to inform the Pennsylvania State |
14 | Police within [ten days] 48 hours of becoming employed or |
15 | enrolled as a student if the person has not previously |
16 | provided that information to the Pennsylvania State Police. |
17 | (3) Specifically inform the offender or sexually violent |
18 | predator of the duty to register with a new law enforcement |
19 | agency if the offender or sexually violent predator moves to |
20 | another state no later than [ten days] 48 hours after |
21 | establishing residence in another state. |
22 | * * * |
23 | § 9795.5. Exemption from certain notifications. |
24 | (a) Lifetime registrants not classified as sexually violent |
25 | predators.-- |
26 | (1) An individual required to register under section |
27 | 9795.1 (relating to registration) who is not a sexually |
28 | violent predator may petition the sentencing court to be |
29 | exempt from the application of section 9798.1 (relating to |
30 | information made available on the Internet and electronic |
|
1 | notification) provided no less than 20 years have passed |
2 | since the individual has been convicted in this or any other |
3 | jurisdiction of any offense punishable by imprisonment for |
4 | more than one year, or the individual's release from custody |
5 | following the individual's most recent conviction for any |
6 | such offense, whichever is later. |
7 | * * * |
8 | Section 10. Section 9796(d) and (f) of Title 42 are amended |
9 | and the section is amended by adding subsections to read: |
10 | § 9796. Verification of residence. |
11 | * * * |
12 | (b.2) Monthly verification by individuals with temporary |
13 | habitats located within this Commonwealth.--The Pennsylvania |
14 | State Police shall verify the residence of individuals required |
15 | to register under this subchapter who have a residence as |
16 | defined in paragraph (2) of the definition of "residence" set |
17 | forth in section 9792 (relating to definitions) every 30 days |
18 | through the use of a nonforwardable verification form to the |
19 | last reported location where the individual receives mail. The |
20 | individual shall appear every 30 days at an approved |
21 | registration site to complete a verification form and to be |
22 | photographed. The individual shall appear within 48 hours of the |
23 | date designated by the Pennsylvania State Police. |
24 | (b.3) Facilitation of monthly verification.--The |
25 | Pennsylvania State Police shall facilitate and administer the |
26 | verification process required by subsection (b.2) by: |
27 | (1) sending a notice by first class United States mail |
28 | to an individual required to register under this subchapter |
29 | who has a residence as defined in paragraph (2) of the |
30 | definition of "residence" set forth in section 9792 at the |
|
1 | last reported location where the individual receives mail. |
2 | This notice shall be sent not more than ten days nor less |
3 | than five days prior to each of the monthly verification |
4 | periods and shall remind the individual of the monthly |
5 | verification requirement and provide a list of approved |
6 | registration sites; and |
7 | (2) providing verification and compliance forms as |
8 | necessary to each approved registration site. |
9 | * * * |
10 | (d) Failure to provide verification.--Where an offender or |
11 | sexually violent predator fails to provide verification of |
12 | residence defined in paragraph (1) of the definition of |
13 | "residence" set forth in section 9792 within the ten-day period |
14 | or the 48-hour period in the case of an offender or sexually |
15 | violent predator who has a residence as defined in paragraph (2) |
16 | of the definition of "residence" set forth in section 9792, as |
17 | set forth in this section, the Pennsylvania State Police shall |
18 | immediately notify the municipal police department of the |
19 | offender's or the sexually violent predator's last verified |
20 | residence. The local municipal police shall locate the offender |
21 | or sexually violent predator and arrest him for violating this |
22 | section. The Pennsylvania State Police shall assume |
23 | responsibility for locating the offender or sexually violent |
24 | predator and arresting him in jurisdictions where no municipal |
25 | police jurisdiction exists. The Pennsylvania State Police shall |
26 | assist any municipal police department requesting assistance |
27 | with locating and arresting an offender or sexually violent |
28 | predator who fails to verify his residence. |
29 | * * * |
30 | (f) Effect of notice.--Neither failure on the part of the |
|
1 | Pennsylvania State Police to send nor failure of a sexually |
2 | violent predator or offender to receive any notice or |
3 | information under subsection (a.1) [or (b.1)], (b.1) or (b.3) |
4 | shall relieve that predator or offender from the requirements of |
5 | this subchapter. |
6 | Section 11. Sections 9797, 9798(a)(1)(ii) and (b), 9798.1 |
7 | and 9799.1(2) and (4) of Title 42 are amended to read: |
8 | § 9797. Victim notification. |
9 | (a) Duty to inform victim.-- |
10 | (1) Where the individual is determined to be a sexually |
11 | violent predator by a court under section 9795.4 (relating to |
12 | assessments), the local municipal police department or the |
13 | Pennsylvania State Police where no municipal police |
14 | jurisdiction exists shall give written notice to the sexually |
15 | violent predator's victim when the sexually violent predator |
16 | registers initially and when he notifies the Pennsylvania |
17 | State Police of any change of residence. [This] In the case |
18 | of a sexually violent predator who has a residence as defined |
19 | in paragraph (1) of the definition of "residence" set forth |
20 | in section 9792 (relating to definitions), notice shall be |
21 | given within 72 hours after the sexually violent predator |
22 | registers or notifies the Pennsylvania State Police of a |
23 | change of address. The notice shall contain the sexually |
24 | violent predator's name and the address or addresses where |
25 | [he resides.] the individual has a residence. In the case of |
26 | a sexually violent predator who has a residence as defined in |
27 | paragraph (2) of the definition of "residence" set forth in |
28 | section 9792, the notice shall contain the sexually violent |
29 | predator's name and the information set forth in section |
30 | 9795.2(a)(2)(i)(A) and (B) (relating to registration |
|
1 | procedures and applicability). The notice shall be given to |
2 | the victim within 72 hours after the sexually violent |
3 | predator registers or notifies the Pennsylvania State Police |
4 | of a change of residence. |
5 | (2) A victim may terminate the duty to inform set forth |
6 | in paragraph (1) by providing the local municipal police |
7 | department or the Pennsylvania State Police where no local |
8 | municipal police department exists with a written statement |
9 | releasing that agency from the duty to comply with this |
10 | section as it pertains to that victim. |
11 | (b) Where an individual is not determined to be a sexually |
12 | violent predator.--Where an individual is not determined to be a |
13 | sexually violent predator by a court under section 9795.4, the |
14 | victim shall be notified in accordance with section 201 of the |
15 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
16 | Victims Act. This subsection includes the circumstance of an |
17 | offender having a residence as defined in paragraph (2) of the |
18 | definition of "residence" set forth in section 9792. |
19 | § 9798. Other notification. |
20 | (a) Notice by municipality's chief law enforcement |
21 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
22 | Ch. 91 (relating to criminal history record information), the |
23 | chief law enforcement officer of the full-time or part-time |
24 | police department of the municipality where a sexually violent |
25 | predator lives shall be responsible for providing written notice |
26 | as required under this section. |
27 | (1) The notice shall contain: |
28 | * * * |
29 | (ii) The address or addresses at which [he resides] |
30 | the sexually violent predator has a residence. If, |
|
1 | however, the sexually violent predator has a residence as |
2 | defined in paragraph (2) of the definition of "residence" |
3 | set forth in section 9792 (relating to definitions), the |
4 | notice shall be limited to that set forth in section |
5 | 9795.2(a)(2)(i)(C) (relating to registration procedures |
6 | and applicability). |
7 | * * * |
8 | (b) To whom written notice is provided.--The chief law |
9 | enforcement officer shall provide written notice, under |
10 | subsection (a), to the following persons: |
11 | (1) Neighbors of the sexually violent predator. As used |
12 | in this paragraph, where the sexually violent predator lives |
13 | in a common interest community, the term "neighbor" includes |
14 | the unit owners' association and residents of the common |
15 | interest community. |
16 | (2) The director of the county children and youth |
17 | service agency of the county where the sexually violent |
18 | predator [resides] has a residence. |
19 | (3) The superintendent of each school district and the |
20 | equivalent official for private and parochial schools |
21 | enrolling students up through grade 12 in the municipality |
22 | where the sexually violent predator [resides] has a |
23 | residence. |
24 | (3.1) The superintendent of each school district and the |
25 | equivalent official for each private and parochial school |
26 | located within a one-mile radius of where the sexually |
27 | violent predator [resides] has a residence. |
28 | (4) The licensee of each certified day care center and |
29 | licensed preschool program and owner/operator of each |
30 | registered family day care home in the municipality where the |
|
1 | sexually violent predator [resides] has a residence. |
2 | (5) The president of each college, university and |
3 | community college located within 1,000 feet of a sexually |
4 | violent predator's residence. |
5 | * * * |
6 | § 9798.1. Information made available on the Internet and |
7 | electronic notification. |
8 | (a) Legislative findings.--It is hereby declared to be the |
9 | finding of the General Assembly that public safety will be |
10 | enhanced by making information about sexually violent predators, |
11 | lifetime registrants and other sex offenders available to the |
12 | public through the Internet and electronic notification. |
13 | Knowledge of whether a person is a sexually violent predator, |
14 | lifetime registrant or other sex offender could be a significant |
15 | factor in protecting oneself and one's family members, or those |
16 | in care of a group or community organization, from recidivist |
17 | acts by sexually violent predators, lifetime registrants and |
18 | other sex offenders. The technology afforded by the Internet and |
19 | electronic notification would make this information readily |
20 | accessible to parents and private entities, enabling them to |
21 | undertake appropriate remedial precautions to prevent or avoid |
22 | placing potential victims at risk. Public access to information |
23 | about sexually violent predators, lifetime registrants and other |
24 | sex offenders is intended solely as a means of public protection |
25 | and shall not be construed as punitive. |
26 | (b) Internet posting of sexually violent predators, lifetime |
27 | registrants [and], other offenders and electronic |
28 | notification.--The Commissioner of the Pennsylvania State Police |
29 | shall, in the manner and form directed by the Governor: |
30 | (1) Develop and maintain a system for making the |
|
1 | information described in subsection (c) publicly available by |
2 | electronic means so that the public may, without limitation, |
3 | obtain access to the information via an Internet website to |
4 | view an individual record or the records of all sexually |
5 | violent predators, lifetime registrants and other offenders |
6 | who are registered with the Pennsylvania State Police. |
7 | (2) Ensure that the Internet website contains warnings |
8 | that any person who uses the information contained therein to |
9 | threaten, intimidate or harass another or who otherwise |
10 | misuses that information may be criminally prosecuted. |
11 | (3) Ensure that the Internet website contains an |
12 | explanation of its limitations, including statements advising |
13 | that a positive identification of a sexually violent |
14 | predator, lifetime registrant or other offender whose record |
15 | has been made available may be confirmed only by |
16 | fingerprints; that some information contained on the Internet |
17 | website may be outdated or inaccurate; and that the Internet |
18 | website is not a comprehensive listing of every person who |
19 | has ever committed a sex offense in Pennsylvania. |
20 | (4) Strive to ensure that: |
21 | (i) the information contained on the Internet |
22 | website is accurate; |
23 | (ii) the data therein is revised and updated as |
24 | appropriate in a timely and efficient manner; and |
25 | (iii) instructions are included on how to seek |
26 | correction of information which a person contends is |
27 | erroneous. |
28 | (5) Provide on the Internet website general information |
29 | designed to inform and educate the public about sex offenders |
30 | and sexually violent predators and the operation of this |
|
1 | subchapter as well as pertinent and appropriate information |
2 | concerning crime prevention and personal safety, with |
3 | appropriate links to other relevant Internet websites |
4 | operated by the Commonwealth of Pennsylvania. |
5 | (6) Identify when the victim is a minor with a special |
6 | designation. The identity of a victim of a sex offense shall |
7 | not be published or posted on the Internet website. |
8 | (7) Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
9 | criminal history record information), develop, implement and |
10 | maintain a process which allows members of the public to |
11 | receive electronic notification when an individual required |
12 | to register under this subchapter moves into or out of a |
13 | user-designated location. |
14 | (c) Information permitted to be disclosed regarding |
15 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
16 | criminal history record information), the Internet website shall |
17 | contain the following information on each individual: |
18 | (1) For sexually violent predators, the following |
19 | information shall be posted on the Internet website: |
20 | (i) name and all known aliases; |
21 | (ii) year of birth; |
22 | (iii) in the case of an individual who has a |
23 | residence as defined in paragraph (1) of the definition |
24 | of "residence" set forth in section 9792 (relating to |
25 | definitions), the street address, municipality, county |
26 | and zip code of all residences, including, where |
27 | applicable, the name of the prison or other place of |
28 | confinement; |
29 | (iv) the street address, municipality, county, zip |
30 | code and name of any institution or location at which the |
|
1 | person is enrolled as a student; |
2 | (v) the municipality, county and zip code of any |
3 | employment location; |
4 | (vi) a photograph of the offender, which shall be |
5 | updated not less than annually; |
6 | (vii) a physical description of the offender, |
7 | including sex, height, weight, eye color, hair color and |
8 | race; |
9 | (viii) any identifying marks, including scars, |
10 | birthmarks and tattoos; |
11 | (ix) the license plate number and description of any |
12 | vehicle owned or registered to the offender; |
13 | (x) whether the offender is currently compliant with |
14 | registration requirements; |
15 | (xi) whether the victim is a minor; |
16 | (xii) a description of the offense or offenses which |
17 | triggered the application of this subchapter; [and] |
18 | (xiii) the date of the offense and conviction, if |
19 | available; and |
20 | (xiv) in the case of an individual who has a |
21 | residence as defined in paragraph (2) of the definition |
22 | of "residence" set forth in section 9792, the information |
23 | listed in section 9795.2(a)(2)(i)(C) (relating to |
24 | registration procedures and applicability), including, |
25 | where applicable, the name of the prison or other place |
26 | of confinement. |
27 | (2) For all other lifetime registrants and offenders |
28 | subject to registration, the information set forth in |
29 | paragraph (1) shall be posted on the Internet website. |
30 | (d) Duration of Internet posting.-- |
|
1 | (1) The information listed in subsection (c) about a |
2 | sexually violent predator shall be made available on the |
3 | Internet for the lifetime of the sexually violent predator. |
4 | (2) The information listed in subsection (c) about an |
5 | offender who is subject to lifetime registration shall be |
6 | made available on the Internet for the lifetime of the |
7 | offender unless the offender is granted relief under section |
8 | 9795.5 (relating to exemption from certain notifications). |
9 | (3) The information listed in subsection (c) about any |
10 | other offender subject to registration shall be made |
11 | available on the Internet for the entire period during which |
12 | the offender is required to register, including any extension |
13 | of this period pursuant to 9795.2(a)(3) (relating to |
14 | registration procedures and applicability). |
15 | § 9799.1. Duties of Pennsylvania State Police. |
16 | The Pennsylvania State Police shall: |
17 | * * * |
18 | (2) In consultation with the Department of Corrections, |
19 | the Office of Attorney General, the Pennsylvania Board of |
20 | Probation and Parole and the chairman and the minority |
21 | chairman of the Judiciary Committee of the Senate and the |
22 | chairman and the minority chairman of the Judiciary Committee |
23 | of the House of Representatives, promulgate guidelines |
24 | necessary for the general administration of this subchapter. |
25 | These guidelines shall establish procedures to allow an |
26 | individual subject to the requirements of sections 9795.1 |
27 | (relating to registration) and 9796 (relating to verification |
28 | of residence) to fulfill these requirements at approved |
29 | registration sites throughout this Commonwealth. This |
30 | paragraph includes the duty to establish procedures to allow |
|
1 | an individual who has a residence as defined in paragraph (2) |
2 | of the definition of "residence" set forth in section 9792 |
3 | (relating to definitions) to fulfill the requirements |
4 | regarding registration at approved registration sites |
5 | throughout this Commonwealth. The Pennsylvania State Police |
6 | shall publish a list of approved registration sites in the |
7 | Pennsylvania Bulletin and provide a list of approved |
8 | registration sites in any notices sent to individuals |
9 | required to register under section 9795.1. An approved |
10 | registration site shall be capable of submitting |
11 | fingerprints, photographs and any other information required |
12 | electronically to the Pennsylvania State Police. The |
13 | Pennsylvania State Police shall require that approved |
14 | registration sites submit fingerprints utilizing the |
15 | Integrated Automated Fingerprint Identification System or in |
16 | another manner and in such form as the Pennsylvania State |
17 | Police shall require. The Pennsylvania State Police shall |
18 | require that approved registration sites submit photographs |
19 | utilizing the Commonwealth Photo Imaging Network or in |
20 | another manner and in such form as the Pennsylvania State |
21 | Police shall require. Approved registration sites shall not |
22 | be limited to sites managed by the Pennsylvania State Police |
23 | and shall include sites managed by local law enforcement |
24 | agencies that meet the criteria for approved registration |
25 | sites set forth in this paragraph. |
26 | * * * |
27 | (4) Notify, within five days of receiving the offender's |
28 | or the sexually violent predator's registration, the chief |
29 | law enforcement officers of the police departments having |
30 | primary jurisdiction of the municipalities in which an |
|
1 | offender or sexually violent predator [resides] has a |
2 | residence, is employed or enrolled as a student of the fact |
3 | that the offender or sexually violent predator has been |
4 | registered with the Pennsylvania State Police pursuant to |
5 | sections 9795.2 (relating to registration procedures and |
6 | applicability) and 9796 (relating to verification of |
7 | residence). |
8 | * * * |
9 | Section 12. Title 42 is amended by adding sections to read: |
10 | § 9799.10. Purposes of subchapter. |
11 | This subchapter shall be interpreted and construed to |
12 | effectuate the following purposes: |
13 | (1) To bring the Commonwealth into substantial |
14 | compliance with the Adam Walsh Child Protection and Safety |
15 | Act of 2006 (Public Law 109-248, 120 Stat. 597). |
16 | (2) To require individuals convicted of certain sexual |
17 | offenses to register with the Pennsylvania State Police and |
18 | to otherwise comply with this subchapter if those individuals |
19 | reside within this Commonwealth, intend to reside within this |
20 | Commonwealth, attend an educational institution within this |
21 | Commonwealth or are employed or conduct volunteer work within |
22 | this Commonwealth. |
23 | (3) To require individuals convicted of certain sexual |
24 | offenses who fail to maintain a residence and are therefore |
25 | homeless but can still be found within the borders of this |
26 | Commonwealth to register with the Pennsylvania State Police. |
27 | (4) To require individuals who are currently subject to |
28 | the criminal justice system of this Commonwealth as inmates, |
29 | supervised with respect to probation or parole or registrants |
30 | under this subchapter to register with the Pennsylvania State |
|
1 | Police and to otherwise comply with this subchapter. To the |
2 | extent practicable and consistent with the requirements of |
3 | the Adam Walsh Child Protection and Safety Act of 2006, this |
4 | subchapter shall be construed to maintain existing procedures |
5 | regarding registration of sexual offenders who are subject to |
6 | the criminal justice system of this Commonwealth. |
7 | (5) To provide a mechanism for members of the general |
8 | public to obtain information about certain sexual offenders |
9 | from a public Internet website and to include on that |
10 | Internet website a feature which will allow a member of the |
11 | public to enter a zip code or a geographic radius and |
12 | determine whether a sexual offender resides within that zip |
13 | code or radius. |
14 | (6) To provide a mechanism for law enforcement entities |
15 | within this Commonwealth to obtain information about certain |
16 | sexual offenders and to allow law enforcement entities |
17 | outside this Commonwealth, including those within the Federal |
18 | Government, to obtain current information about certain |
19 | sexual offenders. |
20 | § 9799.11. Legislative findings and declaration of policy. |
21 | (a) Legislative findings.--The General Assembly finds as |
22 | follows: |
23 | (1) In 1995 the General Assembly enacted the act of |
24 | October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly |
25 | referred to as Megan's Law. Through this enactment, the |
26 | General Assembly intended to comply with legislation enacted |
27 | by Congress requiring that states provide for the |
28 | registration of sexual offenders. The Federal statute, the |
29 | Jacob Wetterling Crimes Against Children and Sexually Violent |
30 | Offender Registration Act (Public Law 103-322, 42 U.S.C. |
|
1 | 14071 et seq.), has been superseded by the Adam Walsh Child |
2 | Protection and Safety Act of 2006 (Public Law 109-248, 120 |
3 | Stat. 597). |
4 | (2) This Commonwealth's laws regarding registration of |
5 | sexual offenders need to be strengthened. The Adam Walsh |
6 | Child Protection and Safety Act of 2006 provides a mechanism |
7 | for the Commonwealth to increase its regulation of sexual |
8 | offenders in a manner which is nonpunitive but offers an |
9 | increased measure of protection to the citizens of this |
10 | Commonwealth. |
11 | (3) If the public is provided adequate notice and |
12 | information about sexual offenders, the community can develop |
13 | constructive plans to prepare for the presence of sexual |
14 | offenders in the community. This allows communities to meet |
15 | with law enforcement to prepare and obtain information about |
16 | the rights and responsibilities of the community and to |
17 | provide education and counseling to residents, particularly |
18 | children. |
19 | (4) Sexual offenders pose a high risk of committing |
20 | additional sexual offenses, and protection of the public from |
21 | this type of offender is a paramount governmental interest. |
22 | (5) Sexual offenders have a reduced expectation of |
23 | privacy because of the public's interest in public safety and |
24 | in the effective operation of government. |
25 | (6) Release of information about sexual offenders to |
26 | public agencies and the general public will further the |
27 | governmental interests of public safety and public scrutiny |
28 | of the criminal and mental health systems so long as the |
29 | information released is rationally related to the furtherance |
30 | of those goals. |
|
1 | (7) Knowledge of whether a person is a sexual offender |
2 | could be a significant factor in protecting oneself and one's |
3 | family members, or those in care of a group or community |
4 | organization, from recidivist acts by such offenders. |
5 | (8) The technology afforded by the Internet and other |
6 | modern electronic communication methods makes this |
7 | information readily accessible to parents, minors and private |
8 | entities, enabling them to undertake appropriate remedial |
9 | precautions to prevent or avoid placing potential victims at |
10 | risk. |
11 | (b) Declaration of policy.--The General Assembly declares as |
12 | follows: |
13 | (1) It is the intention of the General Assembly to |
14 | substantially comply with the Adam Walsh Child Protection and |
15 | Safety Act of 2006 and to further protect the safety and |
16 | general welfare of the citizens of this Commonwealth by |
17 | providing for increased regulation of sexual offenders, |
18 | specifically as that regulation relates to registration of |
19 | sexual offenders and community notification about sexual |
20 | offenders. |
21 | (2) It is the policy of the Commonwealth to require the |
22 | exchange of relevant information about sexual offenders among |
23 | public agencies and officials and to authorize the release of |
24 | necessary and relevant information about sexual offenders to |
25 | members of the general public as a means of assuring public |
26 | protection and shall not be construed as punitive. |
27 | § 9799.12. Definitions. |
28 | The following words and phrases when used in this subchapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
|
1 | "Approved registration site." A site in this Commonwealth |
2 | approved by the Pennsylvania State Police: |
3 | (1) at which individuals subject to this subchapter may |
4 | register, update and verify information or be fingerprinted |
5 | and photographed as required by this subchapter; |
6 | (2) which is capable of submitting fingerprints |
7 | utilizing the Integrated Automated Fingerprint Identification |
8 | System or in another manner and in the form as the |
9 | Pennsylvania State Police shall require; and |
10 | (3) which is capable of submitting photographs in the |
11 | form as the Pennsylvania State Police shall require. |
12 | "Board." The State Sexual Offenders Assessment Board. |
13 | "Common interest community." Includes a cooperative, a |
14 | condominium and a planned community where an individual by |
15 | virtue of an ownership interest in any portion of real estate is |
16 | or may become obligated by covenant, easement or agreement |
17 | imposed upon the owner's interest to pay any amount for real |
18 | property taxes, insurance, maintenance, repair, improvement, |
19 | management, administration or regulation of any part of the real |
20 | estate other than the portion or interest owned solely by the |
21 | individual. |
22 | "Convicted." Includes conviction by entry of plea of guilty |
23 | or nolo contendere, conviction after trial and a finding of not |
24 | guilty due to insanity or of guilty but mentally ill. |
25 | "Employed." Includes a vocation or employment that is full |
26 | time or part time for a period of time exceeding four days |
27 | during a seven-day period or for an aggregate period of time |
28 | exceeding 14 days during any calendar year, whether self- |
29 | employed, volunteered, financially compensated, pursuant to a |
30 | contract or for the purpose of governmental or educational |
|
1 | benefit. |
2 | "Foreign country." Includes Canada, the United Kingdom, |
3 | Australia, New Zealand and a foreign country where the United |
4 | States Department of State in the Country Reports on Human |
5 | Rights Practices has concluded that an independent judiciary |
6 | enforced the right to a fair trial in that country during the |
7 | calendar year in which the individual's conviction occurred. |
8 | "IAFIS." The Integrated Automated Fingerprint Identification |
9 | System. |
10 | "Integrated Automated Fingerprint Identification System." |
11 | The national fingerprint and criminal history system maintained |
12 | by the Federal Bureau of Investigation providing automated |
13 | fingerprint search capabilities, latent searching capability, |
14 | electronic image storage and electronic exchange of fingerprints |
15 | and responses. |
16 | "Jurisdiction." A state, the District of Columbia, the |
17 | Commonwealth of Puerto Rico, Guam, American Samoa, the Northern |
18 | Mariana Islands, the United States Virgin Islands and a |
19 | federally recognized Indian tribe as provided in section 127 of |
20 | the Adam Walsh Child Protection and Safety Act of 2006 (Public |
21 | Law 109-248, 42 U.S.C. § 16927). |
22 | "Juvenile offender." One of the following: |
23 | (1) An individual who was 14 years of age or older at |
24 | the time the individual committed an offense which, if |
25 | committed by an adult, would be classified as an offense |
26 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to |
27 | involuntary deviate sexual intercourse) or 3125 (relating to |
28 | aggravated indecent assault) or an attempt, solicitation or |
29 | conspiracy to commit an offense under 18 Pa.C.S § 3121, 3123 |
30 | or 3125 and either: |
|
1 | (i) is adjudicated delinquent for such offense on or |
2 | after the effective date of this section; or |
3 | (ii) has been adjudicated delinquent for such |
4 | offense and, on the effective date of this section, is |
5 | subject to the jurisdiction of the court, including |
6 | commitment to an institution or facility set forth in |
7 | section 6352(a)(3) (relating to a disposition of |
8 | delinquent child). |
9 | (2) An individual who was 14 years of age or older at |
10 | the time the individual committed an offense similar to an |
11 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, |
12 | solicitation or conspiracy to commit an offense similar to an |
13 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws |
14 | of the United States, another jurisdiction or a foreign |
15 | country and was adjudicated delinquent for such an offense. |
16 | The term does not include a sexually violent delinquent child. |
17 | "Mental abnormality." A congenital or acquired condition of |
18 | a person that affects the emotional or volitional capacity of |
19 | the person in a manner that predisposes that person to the |
20 | commission of criminal sexual acts to a degree that makes the |
21 | person a menace to the health and safety of other persons. |
22 | "Military offense." An offense specified by the United |
23 | States Secretary of Defense under 10 U.S.C. § 951 (relating to |
24 | establishment; organization; administration). |
25 | "Minor." Any individual under 18 years of age. |
26 | "Municipality." A city, borough, incorporated town or |
27 | township. |
28 | "NCIC." The National Crime Information Center. |
29 | "Penetration." Includes any penetration, however slight, of |
30 | the genitals or anus or mouth of another person with a part of |
|
1 | the person's body or a foreign object for any purpose other than |
2 | good faith medical, hygienic or law enforcement procedures. |
3 | "Predatory." An act directed at a stranger or at a person |
4 | with whom a relationship has been initiated, established, |
5 | maintained or promoted, in whole or in part, in order to |
6 | facilitate or support victimization. |
7 | "Registry." The Statewide Registry of Sexual Offenders |
8 | established in section 9799.16(a) (relating to registry). |
9 | "Residence." A location where an individual resides or is |
10 | domiciled or intends to be domiciled for 30 consecutive days or |
11 | more during a calendar year. The term includes a residence which |
12 | is mobile, including a houseboat, mobile home, trailer or |
13 | recreational vehicle. |
14 | "Sexual offender." An individual required to register under |
15 | this subchapter. |
16 | "Sexually violent delinquent child." As defined in section |
17 | 6402 (relating to definitions). |
18 | "Sexually violent offense." An offense specified in section |
19 | 9799.14 (relating to sexual offenses and tier system) as a Tier |
20 | I, Tier II or Tier III sexual offense. |
21 | "Sexually violent predator." An individual convicted of an |
22 | offense specified in: |
23 | (1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (7), |
24 | (8), (9) or (10) (relating to sexual offenses and tier |
25 | system) or an attempt, conspiracy or solicitation to commit |
26 | any offense under section 9799.14(b)(1), (2), (3), (4), (5), |
27 | (6), (7), (8), (9) or (10); |
28 | (2) section 9799.14(c)(1), (2), (3), (4), (5) or (6) or |
29 | an attempt, conspiracy or solicitation to commit an offense |
30 | under section 9799.14(c)(1), (2), (3), (4), (5) or (6); or |
|
1 | (3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7) |
2 | or (8) or an attempt, conspiracy or solicitation to commit an |
3 | offense under section 9799.14(d)(1), (2), (3), (4), (5), (6), |
4 | (7) or (8) |
5 | who is determined to be a sexually violent predator under |
6 | section 9799.24 (relating to assessments) due to a mental |
7 | abnormality or personality disorder that makes the individual |
8 | likely to engage in predatory sexually violent offenses. The |
9 | term includes an individual determined to be a sexually violent |
10 | predator where the determination occurred in another |
11 | jurisdiction, a foreign country or by court martial. |
12 | "Student." An individual who is enrolled in or attends a |
13 | public or private educational institution within this |
14 | Commonwealth on a full-time or part-time basis, including a |
15 | secondary school, trade or professional institution or |
16 | institution of higher education. The term does not include an |
17 | individual enrolled in an educational institution exclusively |
18 | through the Internet or via correspondence courses. |
19 | "Temporary lodging." The specific location, including street |
20 | address, where a sexual offender is staying when away from the |
21 | sexual offender's residence for seven or more days. |
22 | "Tier I sexual offense." An offense specified in section |
23 | 9799.14(b) (relating to sexual offenses and tier system). |
24 | "Tier II sexual offense." An offense specified in section |
25 | 9799.14(c) (relating to sexual offenses and tier system). |
26 | "Tier III sexual offense." An offense specified in section |
27 | 9799.14(d) (relating to sexual offenses and tier system). |
28 | "Transient." An individual required to register under this |
29 | subchapter who does not have a residence but nevertheless |
30 | resides in this Commonwealth in a temporary habitat or other |
|
1 | temporary place of abode or dwelling, including a homeless |
2 | shelter or park. |
3 | § 9799.13. Applicability. |
4 | The following individuals shall register with the |
5 | Pennsylvania State Police as provided in sections 9799.15 |
6 | (relating to period of registration), 9799.19 (relating to |
7 | initial registration) and 9799.25 (relating to verification by |
8 | sexual offenders and Pennsylvania State Police) and otherwise |
9 | comply with the provisions of this subchapter: |
10 | (1) An individual who, on or after the effective date of |
11 | this section, has been convicted of a sexually violent |
12 | offense and who has a residence within this Commonwealth or |
13 | is a transient. |
14 | (2) An individual who, on or after the effective date of |
15 | this section, is an inmate in a State or county correctional |
16 | institution of this Commonwealth, including a community |
17 | corrections center or a community contract facility, is being |
18 | supervised by the Pennsylvania Board of Probation and Parole |
19 | or county probation or parole or is subject to a sentence of |
20 | intermediate punishment and has committed a sexually violent |
21 | offense. |
22 | (3) An individual who is required to register with the |
23 | Pennsylvania State Police under this subchapter prior to the |
24 | effective date of this section who has not fulfilled the |
25 | period of registration as of the effective date of this |
26 | section. |
27 | (4) An individual who was required to register with the |
28 | Pennsylvania State Police pursuant to former section 9795.1 |
29 | and: |
30 | (i) has fulfilled the period of registration |
|
1 | provided in former section 9795.1(a) (relating to |
2 | registration) or has been removed from the registry under |
3 | former section 9795.5 (relating to exemption from certain |
4 | notifications); and |
5 | (ii) on or after the effective date of this section, |
6 | is convicted of a sexually violent offense or convicted |
7 | of an offense graded as a felony. |
8 | (5) An individual who, on or after the effective date of |
9 | this section, was required to register with the Pennsylvania |
10 | State Police pursuant to this subchapter and: |
11 | (i) has fulfilled the period of registration |
12 | provided in this subchapter; and |
13 | (ii) on or after the effective date of this section, |
14 | is convicted of an offense graded as a felony. |
15 | (6) An individual who, on or after the effective date of |
16 | this section, was required to register with the Pennsylvania |
17 | State Police pursuant to this subchapter and: |
18 | (i) has been removed from the registry pursuant to |
19 | section 9799.17 (relating to reduction of period of |
20 | registration); and |
21 | (ii) is subsequently convicted of an offense graded |
22 | as a felony. |
23 | (7) An individual who, on or after the effective date of |
24 | this section, is required to register in a sexual offender |
25 | registry in another jurisdiction or in a foreign country |
26 | based upon a conviction for a sexually violent offense and: |
27 | (i) has a residence in this Commonwealth or is a |
28 | transient; |
29 | (ii) is employed within this Commonwealth; or |
30 | (iii) is a student within this Commonwealth. |
|
1 | (8) An individual who, on or after the effective date of |
2 | this section, is a juvenile offender who was adjudicated |
3 | delinquent within this Commonwealth or was adjudicated |
4 | delinquent in another jurisdiction or a foreign country and: |
5 | (i) has a residence within this Commonwealth; |
6 | (ii) is employed within this Commonwealth; or |
7 | (iii) is a student within this Commonwealth. |
8 | (9) An individual who, on or after the effective date of |
9 | this section, is a sexually violent delinquent child who is |
10 | committed for involuntary treatment or, on the effective date |
11 | of this section, is under commitment receiving involuntary |
12 | treatment in the State-owned facility or unit as set forth in |
13 | Chapter 64 (relating to court-ordered involuntary treatment |
14 | of certain sexually violent persons). |
15 | § 9799.14. Sexual offenses and tier system. |
16 | (a) Tier system established.--Sexual offenses shall be |
17 | classified in a three-tiered system composed of Tier I sexual |
18 | offenses, Tier II sexual offenses and Tier III sexual offenses. |
19 | (b) Tier I sexual offenses.--The following offenses shall be |
20 | classified as Tier I sexual offenses: |
21 | (1) 18 Pa.C.S. § 2902(b) (relating to unlawful |
22 | restraint). |
23 | (2) 18 Pa.C.S. § 2903(b) (relating to false |
24 | imprisonment). |
25 | (3) 18 Pa.C.S. § 2904 (relating to interference with |
26 | custody of children) if the victim is a minor and the sexual |
27 | offender is not the victim's parent or guardian. |
28 | (4) 18 Pa.C.S. § 2910 (relating to luring a child into a |
29 | motor vehicle or structure). |
30 | (5) 18 Pa.C.S. § 3124.2(a) (relating to institutional |
|
1 | sexual assault). |
2 | (6) 18 Pa.C.S. § 3126(a)(1) (relating to indecent |
3 | assault). |
4 | (7) (Reserved). |
5 | (8) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption |
6 | of minors). |
7 | (9) 18 Pa.C.S. § 6312(d) (relating to sexual abuse of |
8 | children). |
9 | (10) 18 Pa.C.S. § 7507.1. (relating to invasion of |
10 | privacy). |
11 | (11) 18 U.S.C. § 1801 (relating to video voyeurism). |
12 | (12) 18 U.S.C. § 2252 (relating to certain activities |
13 | relating to material involving the sexual exploitation of |
14 | minors). |
15 | (13) 18 U.S.C. § 2252A (relating to certain activities |
16 | relating to material constituting or containing child |
17 | pornography). |
18 | (14) 18 U.S.C. § 2252B (relating to misleading domain |
19 | names on the Internet). |
20 | (15) 18 U.S.C. § 2252C (relating to misleading words or |
21 | digital images on the Internet). |
22 | (16) 18 U.S.C. § 2422(a) (relating to coercion and |
23 | enticement). |
24 | (17) 18 U.S.C. § 2423(b) (relating to transportation of |
25 | minors). |
26 | (18) 18 U.S.C. § 2423(c). |
27 | (19) 18 U.S.C. § 2424 (relating to filing factual |
28 | statement about alien individual). |
29 | (20) 18 U.S.C. § 2425 (relating to use of interstate |
30 | facilities to transmit information about a minor). |
|
1 | (21) A comparable military offense or similar offense |
2 | under the laws of another jurisdiction or foreign country. |
3 | (22) An attempt, conspiracy or solicitation to commit an |
4 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
5 | (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), |
6 | (17), (18), (19), (20) or (21). |
7 | (c) Tier II sexual offenses.--The following offenses shall |
8 | be classified as Tier II sexual offenses: |
9 | (1) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8). |
10 | (2) 18 Pa.C.S. § 5902(b) (relating to prostitution and |
11 | related offenses) if the sexual offender promotes the |
12 | prostitution of a minor. |
13 | (3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) |
14 | (relating to obscene and other sexual materials and |
15 | performances). |
16 | (4) 18 Pa.C.S. § 6312(b) and (c) (relating to sexual |
17 | abuse of children). |
18 | (5) 18 Pa.C.S. § 6318 (relating to unlawful contact with |
19 | minor). |
20 | (6) 18 Pa.C.S. § 6320 (relating to sexual exploitation |
21 | of children). |
22 | (7) 18 U.S.C. § 1591 (relating to sex trafficking of |
23 | children by force, fraud, or coercion). |
24 | (8) 18 U.S.C. § 2243 (relating to sexual abuse of a |
25 | minor or ward). |
26 | (9) 18 U.S.C. § 2244 (relating to abusive sexual |
27 | contact). |
28 | (10) 18 U.S.C. § 2251 (relating to sexual exploitation |
29 | of children). |
30 | (11) 18 U.S.C. § 2251A (relating to selling or buying of |
|
1 | children). |
2 | (12) 18 U.S.C. § 2252. |
3 | (13) 18 U.S.C. § 2260 (relating to production of |
4 | sexually explicit depictions of a minor for importation into |
5 | the United States). |
6 | (14) 18 U.S.C. § 2421 (relating to transportation |
7 | generally). |
8 | (15) 18 U.S.C. § 2422(b). |
9 | (16) 18 U.S.C. § 2423(a). |
10 | (17) A comparable military offense or similar offense |
11 | under the laws of another jurisdiction or foreign country. |
12 | (18) An attempt, conspiracy or solicitation to commit an |
13 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
14 | (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or |
15 | (17). |
16 | (19) An offense specified as a Tier I sexual offense |
17 | where there is a subsequent conviction for an offense graded |
18 | as a felony. |
19 | (d) Tier III sexual offenses.--The following offenses shall |
20 | be classified as Tier III sexual offenses: |
21 | (1) 18 Pa.C.S. § 2901(a.1) (relating to kidnapping). |
22 | (2) 18 Pa.C.S. § 3121 (relating to rape). |
23 | (3) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual |
24 | assault). |
25 | (4) 18 Pa.C.S. § 3123 (relating to involuntary deviate |
26 | sexual intercourse). |
27 | (5) 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
28 | (6) 18 Pa.C.S. § 3124.2 if the victim is a minor. |
29 | (7) 18 Pa.C.S. § 3125 (relating to aggravated indecent |
30 | assault). |
|
1 | (8) 18 Pa.C.S. § 3126(a)(7) (relating to indecent |
2 | assault). |
3 | (9) 18 Pa.C.S. § 4302(b) (relating to incest). |
4 | (10) 18 U.S.C. § 2241 (relating to aggravated sexual |
5 | abuse). |
6 | (11) 18 U.S.C. § 2242 (relating to sexual abuse). |
7 | (12) 18 U.S.C. § 2244. |
8 | (13) A comparable military offense or similar offense |
9 | under the laws of another jurisdiction or country. |
10 | (14) An attempt, conspiracy or solicitation to commit an |
11 | offense listed in paragraph (1), (2), (3), (4), (5), (6), |
12 | (7), (8), (9), (10), (11), (12) or (13). |
13 | (15) An offense listed as a Tier II sexual offense where |
14 | there is a subsequent conviction for an offense graded as a |
15 | felony. |
16 | § 9799.15. Period of registration. |
17 | (a) Period of registration.--Subject to subsection (c), an |
18 | individual specified in section 9799.13 (relating to |
19 | applicability) shall register with the Pennsylvania State Police |
20 | as follows: |
21 | (1) An individual convicted of a Tier I sexual offense |
22 | shall register for a period of 15 years. |
23 | (2) An individual convicted of a Tier II sexual offense |
24 | shall register for a period of 25 years. |
25 | (3) An individual convicted of a Tier III sexual offense |
26 | shall register for the life of the individual. |
27 | (4) A juvenile offender shall register for the life of |
28 | the individual. |
29 | (5) A sexually violent delinquent child shall register |
30 | for the life of the individual. |
|
1 | (6) A sexually violent predator shall register for the |
2 | life of the individual. |
3 | (b) Commencement of registration.--The following apply: |
4 | (1) The period of registration set forth in subsection |
5 | (a) shall commence as follows: |
6 | (i) For an individual convicted of a sexually |
7 | violent offense in this Commonwealth, the period of |
8 | registration shall commence upon: |
9 | (A) release from incarceration in a State or |
10 | county correctional facility, including release to a |
11 | community correction center or community contract |
12 | facility; |
13 | (B) parole or a sentence of probation; or |
14 | (C) a sentence of State or county intermediate |
15 | punishment in which the person is not sentenced to a |
16 | period of incarceration. |
17 | (ii) For an individual who is a juvenile offender, |
18 | the period of registration shall commence upon: |
19 | (A) release from an institution or facility set |
20 | forth in section 6352(a)(3) (relating to disposition |
21 | of delinquent child), if the juvenile offender is, on |
22 | or after the effective date of this section, subject |
23 | to the jurisdiction of a court pursuant to a |
24 | disposition entered under section 6352 and is under |
25 | court-ordered placement in an institution or facility |
26 | set forth in section 6352(a)(3); or |
27 | (B) probation, if the juvenile offender is, on |
28 | or after the effective date of this section, subject |
29 | to the jurisdiction of a court pursuant to a |
30 | disposition entered under section 6352 and is placed |
|
1 | on probation or is otherwise subject to jurisdiction |
2 | of a court pursuant to a disposition under section |
3 | 6352 that did not involve out-of-home placement. |
4 | (iii) For a sexually violent delinquent child, the |
5 | period of registration shall commence upon the earlier |
6 | of: |
7 | (A) transfer to involuntary outpatient treatment |
8 | pursuant to section 6401.1 (relating to transfer to |
9 | involuntary outpatient treatment); or |
10 | (B) discharge from commitment to the separate, |
11 | State-owned facility or unit established under |
12 | section 6406 (relating to duty of Department of |
13 | Public Welfare). |
14 | (iv) For an individual who is convicted of a |
15 | sexually violent offense in another jurisdiction or |
16 | foreign country or a comparable military offense, the |
17 | period of registration shall commence upon establishment |
18 | of a residence or commencement of employment or |
19 | enrollment as a student within this Commonwealth. |
20 | (2) Notwithstanding the provisions of paragraph (1), an |
21 | individual specified in section 9799.13 shall initially |
22 | register with the Pennsylvania State Police as set forth in |
23 | section 9799.19 (relating to initial registration). |
24 | (c) Period of registration tolled.--The following shall |
25 | apply: |
26 | (1) The period of registration set forth in subsection |
27 | (a) shall be tolled for the period of time in which the |
28 | individual specified in section 9799.13 is: |
29 | (i) incarcerated in a State or county correctional |
30 | institution, excluding a community contract facility or |
|
1 | community corrections center; |
2 | (ii) subject to a sentence of intermediate |
3 | punishment which is restrictive and where the individual |
4 | is sentenced to a period of incarceration; |
5 | (iii) committed to an institution or facility set |
6 | forth in section 6352(a)(3); or |
7 | (iv) committed to and receiving involuntary |
8 | inpatient treatment in the State-owned facility or unit |
9 | set forth in Chapter 64 (relating to court-ordered |
10 | involuntary treatment of certain sexually violent |
11 | persons). |
12 | (2) This subsection shall apply to an individual |
13 | specified in section 9799.13 who is recommitted to a State or |
14 | county correctional institution for a parole violation or who |
15 | has been sentenced to an additional term of imprisonment. In |
16 | the case of recommitment, the Department of Corrections or |
17 | the county correctional facility shall notify the |
18 | Pennsylvania State Police of the admission of the individual. |
19 | (d) Sexually violent predators.--An individual convicted of |
20 | a Tier I sexual offense, a Tier II sexual offense or a Tier III |
21 | sexual offense who is determined to be a sexually violent |
22 | predator under section 9799.24 (relating to assessments) shall |
23 | register for the life of the individual. |
24 | (e) Periodic in-person appearance required.--Except as |
25 | provided in subsection (f) and subject to subsections (g) and |
26 | (h), an individual specified in section 9799.13 shall appear in |
27 | person at an approved registration site to provide or verify the |
28 | information set forth in section 9799.16(b) (relating to |
29 | registry) and to be photographed as follows: |
30 | (1) An individual convicted of a Tier I sexual offense |
|
1 | shall appear annually. |
2 | (2) An individual convicted of a Tier II sexual offense |
3 | shall appear semiannually. |
4 | (3) An individual convicted of a Tier III sexual offense |
5 | shall appear quarterly. |
6 | (f) Sexually violent predators.--An individual convicted of |
7 | a Tier I sexual offense, a Tier II sexual offense or a Tier III |
8 | sexual offense who is determined to be a sexually violent |
9 | predator under section 9799.24 shall appear in person at an |
10 | approved registration site to provide or verify the information |
11 | set forth in section 9799.16(b) and to be photographed every 90 |
12 | days. |
13 | (g) In-person appearance to update information.--In addition |
14 | to the periodic in-person appearance required in subsection (e), |
15 | an individual specified in section 9799.13 shall appear in |
16 | person at an approved registration site within three business |
17 | days to provide current information relating to: |
18 | (1) A change in name. |
19 | (2) A commencement of residence, change in residence, |
20 | termination of residence or failure to maintain a residence, |
21 | thus making the individual a transient. |
22 | (3) Commencement of employment, a change in the location |
23 | or entity in which the individual is employed or a |
24 | termination of employment. |
25 | (4) Initial enrollment as a student, a change in |
26 | enrollment as a student or termination as a student. |
27 | (5) A change in telephone number, including a cell phone |
28 | number, or a termination of telephone number, including a |
29 | cell phone number. |
30 | (6) A change in or termination of a motor vehicle owned |
|
1 | or operated, including watercraft or aircraft. In order to |
2 | fulfill the requirements of this paragraph, the individual |
3 | must provide any license plate numbers and registration |
4 | numbers or other identifiers. |
5 | (7) A commencement of temporary lodging, a change in |
6 | temporary lodging or a termination of temporary lodging. In |
7 | order to fulfill the requirements of this paragraph, the |
8 | individual must provide the specific length of time and the |
9 | dates during which the individual will be temporarily lodged. |
10 | (8) A change in or termination of e-mail address, |
11 | instant message address or any other designations used in |
12 | Internet communications or postings. |
13 | (h) Transients, juvenile offenders and sexually violent |
14 | delinquent children.--If the individual specified in section |
15 | 9799.13 is a transient, a juvenile offender or a sexually |
16 | violent delinquent child, the following apply: |
17 | (1) If the individual is a transient, the individual |
18 | shall appear in person at an approved registration site to |
19 | provide or to verify the information set forth in section |
20 | 9799.16(b) and to be photographed every 30 days. The duty to |
21 | appear in person every 30 days and to be photographed shall |
22 | apply until a transient establishes a residence. In the event |
23 | a transient establishes a residence, the requirement of |
24 | periodic in-person appearances set forth in subsection (c) |
25 | shall apply. |
26 | (2) If the individual is a juvenile offender, the |
27 | individual shall appear at an approved registration site to |
28 | provide or verify the information set forth in section |
29 | 9799.16(b) and to be photographed every 90 days. |
30 | (3) If the individual is a sexually violent delinquent |
|
1 | child, the individual shall appear at an approved |
2 | registration site to provide or verify the information set |
3 | forth in section 9799.16(b) and to be photographed every 90 |
4 | days. |
5 | (i) International travel.--In addition to the periodic in- |
6 | person appearance required in subsection (c), an individual |
7 | specified in section 9799.13 shall appear in person at an |
8 | approved registration site no less than 21 days in advance of |
9 | traveling outside of the United States. The individual shall |
10 | provide the following information: |
11 | (1) Dates of travel, including date of return to the |
12 | United States. |
13 | (2) Destinations. |
14 | (3) Temporary lodging. |
15 | § 9799.16. Registry. |
16 | (a) Establishment.--There is established a Statewide |
17 | registry of sexual offenders in order to carry out the |
18 | provisions of this subchapter. The Pennsylvania State Police |
19 | shall create and maintain the registry. The registry shall |
20 | maintain a complete and systematic index of all records required |
21 | regarding sexual offenders in order to comply with the Adam |
22 | Walsh Child Protection and Safety Act of 2006 (Public Law |
23 | 109-248, 120 Stat. 597). The registry shall: |
24 | (1) Be composed of an electronic database and digitized |
25 | records. |
26 | (2) Be able to communicate with the Sex Offender |
27 | Registration and Notification Act Exchange Portal developed |
28 | by the United States Department of Justice, the National Sex |
29 | Offender Registry or any successor database which is |
30 | maintained by the Department of Justice and the Dru Sjodin |
|
1 | National Sex Offender Public Website maintained by the |
2 | Department of Justice. |
3 | (3) Be able to communicate with sexual offender |
4 | registries established in other jurisdictions. |
5 | (b) Information provided by sexual offender.--An individual |
6 | specified in section 9799.13 (relating to applicability) shall |
7 | provide the following information which shall be included in the |
8 | registry: |
9 | (1) Primary or given name, including an alias used by |
10 | the individual, nickname, pseudonym, ethnic or tribal name, |
11 | regardless of the context used and any designations or |
12 | monikers used for self-identification in Internet |
13 | communications or postings. |
14 | (2) Designation used by the individual for purposes of |
15 | routing or self-identification in Internet communications or |
16 | postings. |
17 | (3) Telephone number, including cell phone number, and |
18 | any other designation used by the individual for purposes of |
19 | routing or self-identification in telephonic communications. |
20 | (4) Valid Social Security number issued to the |
21 | individual by the Federal Government and purported Social |
22 | Security number. |
23 | (5) Address of each residence or intended residence. If |
24 | the individual enters this Commonwealth and fails to maintain |
25 | a residence and is therefore a transient, the individual |
26 | shall provide information for the registry as set forth in |
27 | paragraph (6). |
28 | (6) If the individual is a transient, the individual |
29 | shall provide information about the transient's temporary |
30 | habitat or other temporary place of abode or dwelling, |
|
1 | including a homeless shelter or park. In addition, the |
2 | transient shall provide a list of places the transient eats, |
3 | frequents and engages in leisure activities and any planned |
4 | destinations, including those outside this Commonwealth. If |
5 | the transient changes or adds to the places listed under this |
6 | paragraph during a 30-day period, the transient shall list |
7 | these when registering as a transient during the next 30-day |
8 | period. In addition, the transient shall provide the place |
9 | the transient receives mail, including a post office box. If |
10 | the transient has been designated as a sexually violent |
11 | predator, the transient shall state whether he is in |
12 | compliance with section 9799.36 (relating to counseling of |
13 | sexually violent predators). The duty to provide the |
14 | information set forth in this paragraph shall apply until the |
15 | transient establishes a residence. In the event a transient |
16 | establishes a residence, the requirements of section |
17 | 9799.15(e) (relating to period of registration) shall apply. |
18 | (7) Temporary lodging. In order to fulfill the |
19 | requirements of this paragraph, the individual must provide |
20 | the specific length of time and the dates during which the |
21 | individual will be temporarily lodged. |
22 | (8) A passport and documents establishing immigration |
23 | status, which shall be copied in a digitized format for |
24 | inclusion in the registry. |
25 | (9) Name and address where the individual is employed or |
26 | will be employed. In order to fulfill the requirements of |
27 | this paragraph, if the individual is not employed in a fixed |
28 | workplace, the individual shall provide information regarding |
29 | general travel routes and general areas where the individual |
30 | works. |
|
1 | (10) Information relating to occupational and |
2 | professional licensing, including type of license held and |
3 | the license number. |
4 | (11) Name and address where the individual is a student |
5 | or will be a student. |
6 | (12) Information relating to motor vehicles owned or |
7 | operated by the individual, including watercraft and |
8 | aircraft. In order to fulfill the requirements of this |
9 | paragraph, the individual shall provide a description of each |
10 | motor vehicle, watercraft or aircraft. The individual shall |
11 | provide a license plate number, registration number or other |
12 | identification number and the address of the place where a |
13 | vehicle is stored. In addition, the individual shall provide |
14 | the individual's license to operate a motor vehicle or other |
15 | identification card issued by the Commonwealth, another |
16 | jurisdiction or a foreign country so that the Pennsylvania |
17 | State Police can fulfill its responsibilities under |
18 | subsection (c)(7). |
19 | (13) Actual date of birth and purported date of birth. |
20 | (14) Form signed by the individual acknowledging the |
21 | individual's obligations under this subchapter provided in |
22 | accordance with section 9799.23 (relating to court |
23 | notification and classification requirements). |
24 | (c) Criminal justice information.--The Pennsylvania State |
25 | Police shall ensure that the following information is included |
26 | in the registry: |
27 | (1) Physical description of the individual, including a |
28 | general physical description and tattoos, scars and other |
29 | identifying marks. |
30 | (2) Text of the statute defining the criminal offense |
|
1 | for which the individual is registered. |
2 | (3) Criminal history record information of the |
3 | individual, including: |
4 | (i) Dates of arrests and convictions. |
5 | (ii) Status of probation, parole or supervised |
6 | release. |
7 | (iii) Whether the individual is in compliance with |
8 | requirements regarding this subchapter or has absconded. |
9 | (iv) Existence of any outstanding warrants. |
10 | (4) Current photograph of the individual. In order to |
11 | fulfill the requirements of this paragraph, in addition to |
12 | the taking of photographs pursuant to section 9799.15(e), the |
13 | Pennsylvania State Police shall ensure that additional |
14 | photographs are taken as needed when there is a significant |
15 | change in appearance of the individual, including the taking |
16 | of a current photograph before the individual is released |
17 | from a State or county correctional institution or an |
18 | institution or facility set forth in section 6352(a)(3) |
19 | (relating to disposition of delinquent child) or discharged |
20 | from the State-owned facility or unit set forth in Chapter 64 |
21 | (relating to court-ordered involuntary treatment of certain |
22 | sexually violent persons), due to: |
23 | (i) the expiration of sentence, period of commitment |
24 | or involuntary treatment; |
25 | (ii) parole or other supervised release, including |
26 | release to a community corrections center or a community |
27 | contract facility; |
28 | (iii) commencement of a sentence of intermediate |
29 | punishment; or |
30 | (iv) any other form of supervised release. |
|
1 | (5) Set of fingerprints and palm prints of the |
2 | individual. In order to fulfill the requirements of this |
3 | paragraph, the palm prints shall be taken for the purpose of |
4 | submission to the Federal Bureau of Investigation Central |
5 | Database. The palm prints shall be submitted for entry into |
6 | the database. |
7 | (6) DNA sample of the individual. In order to fulfill |
8 | the requirements of this paragraph, the sample shall be taken |
9 | for the purpose of analysis and entry into the Combined DNA |
10 | Index System (CODIS). In addition, the sample shall be |
11 | analyzed and submitted for entry into CODIS. |
12 | (7) Photocopy of valid driver's license or |
13 | identification card issued to the individual by the |
14 | Commonwealth, another jurisdiction or a foreign country. |
15 | (d) Cooperation.--The Pennsylvania State Police shall |
16 | cooperate with State and county correctional institutions, the |
17 | Pennsylvania Board of Probation and Parole, the county office of |
18 | probation and parole, any court with jurisdiction over a sexual |
19 | offender, the chief juvenile probation officer of the court, |
20 | juvenile probation and parole and the Department of Public |
21 | Welfare to ensure that the information set forth in subsections |
22 | (b) and (c) is provided and placed in the registry. |
23 | § 9799.17. Reduction of period of registration. |
24 | (a) General rule.--The period of registration set forth in |
25 | section 9799.15(a)(1) (relating to period of registration) shall |
26 | be reduced for an individual who was convicted of a sexually |
27 | violent offense and is required to register for a period of 15 |
28 | years if all of the following apply: |
29 | (1) A period of ten years has elapsed since the |
30 | individual was convicted of the sexually violent offense, |
|
1 | excluding: |
2 | (i) Time spent incarcerated in a State or county |
3 | correctional facility of this Commonwealth or another |
4 | jurisdiction or foreign country. |
5 | (ii) Time spent supervised by the Pennsylvania Board |
6 | of Probation and Parole or the county office of probation |
7 | or parole or probation or parole office of another |
8 | jurisdiction or foreign country. |
9 | (iii) Time spent completing a sentence of |
10 | intermediate punishment or completing another type of |
11 | supervision, including time spent in a community |
12 | corrections center or community contract facility of this |
13 | Commonwealth, another jurisdiction or foreign country. |
14 | (2) The individual has not been convicted of a |
15 | subsequent offense graded as a misdemeanor of the second |
16 | degree or higher or an offense punishable by more than one |
17 | year's imprisonment. |
18 | (3) The individual has not been convicted of a |
19 | subsequent sexually violent offense. |
20 | (4) The individual successfully completed supervised |
21 | release, including probation, parole or other form of |
22 | supervision. |
23 | (5) The individual successfully completed treatment |
24 | provided under section 9718.1 (relating to sexual offender |
25 | treatment) or treatment recognized by another jurisdiction or |
26 | foreign country or the United States Attorney General under |
27 | section 115(b)(1) of the Adam Walsh Child Protection and |
28 | Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b) |
29 | (1)). |
30 | (b) Juvenile offender.--An individual who is a juvenile |
|
1 | offender shall have the requirement to register terminated if |
2 | all of the following apply: |
3 | (1) At least 25 years have elapsed since the individual |
4 | was: |
5 | (i) adjudicated delinquent for an offense which, if |
6 | committed by an adult, would be classified as an offense |
7 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 |
8 | (relating to involuntary deviate sexual intercourse) or |
9 | 3125 (relating to aggravated indecent assault) or an |
10 | attempt, solicitation or conspiracy to commit an offense |
11 | under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time |
12 | spent under the supervision of the court, including |
13 | commitment to an institution or facility set forth in |
14 | section 6352(a)(3) (relating to deposition of delinquent |
15 | child); or |
16 | (ii) adjudicated delinquent for an offense in |
17 | another jurisdiction which is similar to that which if |
18 | committed by an adult in this Commonwealth would be |
19 | classified as an offense under 18 Pa.C.S. § 3121, 3123 or |
20 | 3125 or an attempt, solicitation or conspiracy to commit |
21 | an offense under 18 Pa.C.S. § 3121, 3123 or 3125. |
22 | (2) The individual has not been convicted of a |
23 | subsequent offense: |
24 | (i) graded as a misdemeanor of the second degree or |
25 | higher; or |
26 | (ii) which is punishable by a term of imprisonment |
27 | greater than one year. |
28 | (3) The individual successfully completed court-ordered |
29 | supervision. |
30 | (4) The individual successfully completed a treatment |
|
1 | program for sexual offenders recognized by the juvenile court |
2 | in this Commonwealth or another jurisdiction or the United |
3 | States Attorney General under section 115(b)(1) of the Adam |
4 | Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § |
5 | 16915(b)(1)). |
6 | (c) Procedure.--An individual who seeks to reduce the period |
7 | of registration to ten years pursuant to subsection (a) and an |
8 | individual who seeks to terminate the obligation to register |
9 | pursuant to subsection (b) may petition the sentencing court for |
10 | reduction or termination, as appropriate. The court shall: |
11 | (1) Enter an order directing the petitioner be assessed |
12 | by the board in accordance with section 9799.24 (relating to |
13 | assessments). The order for assessment shall be sent to the |
14 | administrative officer of the board within ten days of its |
15 | entry. No later than 90 days following receipt of such an |
16 | order, the board shall submit a written report containing its |
17 | assessment to the sentencing court, district attorney and the |
18 | attorney for the petitioner. |
19 | (2) Within 120 days of the filing of the petition under |
20 | paragraph (1), the sentencing court shall hold a hearing to |
21 | determine whether to reduce the period of registration to ten |
22 | years or to terminate the obligation to register, as |
23 | appropriate. The petitioner and the district attorney shall |
24 | be given notice of the hearing and an opportunity to be |
25 | heard, the right to call witnesses, the right to call expert |
26 | witnesses and the right to cross-examine witnesses. The |
27 | petitioner shall have the right to counsel and to have a |
28 | lawyer appointed if the petitioner cannot afford one. |
29 | (3) The sentencing court shall reduce the period of |
30 | registration to ten years or terminate the obligation to |
|
1 | register, as appropriate, only upon a finding of clear and |
2 | convincing evidence that allowing the petitioner to reduce |
3 | the period of registration or to terminate the obligation to |
4 | register, as appropriate, is not likely to pose a threat to |
5 | the safety of any other person. |
6 | (d) Notice.--A court granting relief under this section |
7 | shall notify the Pennsylvania State Police in writing within ten |
8 | days from the date relief is granted. |
9 | (e) Right to appeal.--The petitioner and the Commonwealth |
10 | shall have the right to appellate review of the actions of the |
11 | sentencing court taken under this section. An appeal by the |
12 | Commonwealth shall stay the order of the sentencing court. |
13 | (f) Prohibition.--This section shall not apply to an |
14 | individual who: |
15 | (1) Has been designated as a sexually violent predator. |
16 | (2) Has been convicted of a sexually violent offense who |
17 | is required to register for a period of 25 years. |
18 | (3) Has been convicted of a sexually violent offense who |
19 | is required to register for a period of life. |
20 | (4) Is a sexually violent delinquent child. |
21 | § 9799.18. Information sharing. |
22 | (a) General rule.--The Pennsylvania State Police shall, |
23 | within three business days, transfer information provided by an |
24 | individual set forth in section 9799.13 (relating to |
25 | applicability) under sections 9799.15(g) and (i) (relating to |
26 | period of registration), 9799.16(b) (relating to registry) and |
27 | 9799.19 (relating to initial registration) to: |
28 | (1) A jurisdiction in which the individual is required |
29 | to register the individual's residence, employment or |
30 | enrollment as a student. |
|
1 | (2) A jurisdiction in which the individual has |
2 | terminated the individual's residence, employment or |
3 | enrollment as a student. |
4 | (3) The United States Attorney General, the Department |
5 | of Justice and the United States Marshals Service for |
6 | inclusion in the National Sex Offender Registry, NCIC and any |
7 | other database established by such Federal agencies. |
8 | (4) The district attorney of the county in which the |
9 | individual: |
10 | (i) establishes a residence or terminates a |
11 | residence; |
12 | (ii) commences employment or terminates employment; |
13 | or |
14 | (iii) enrolls as a student or terminates enrollment |
15 | as a student. |
16 | (5) The chief law enforcement officer of the police |
17 | department of the municipality in which the individual: |
18 | (i) establishes a residence or terminates a |
19 | residence; |
20 | (ii) commences employment or terminates employment; |
21 | or |
22 | (iii) enrolls as a student or terminates enrollment |
23 | as a student. |
24 | (6) The county office of probation and parole for the |
25 | county in which the individual: |
26 | (i) establishes a residence or terminates a |
27 | residence; |
28 | (ii) commences employment or terminates employment; |
29 | or |
30 | (iii) enrolls as a student or terminates enrollment |
|
1 | as a student. |
2 | (b) When sexual offender fails to appear.--When another |
3 | jurisdiction notifies this Commonwealth that a sexual offender |
4 | has terminated his residence, employment or enrollment as a |
5 | student in that jurisdiction and intends to establish a |
6 | residence in this Commonwealth, commence employment in this |
7 | Commonwealth or commence enrollment as a student in this |
8 | Commonwealth and that sexual offender fails to appear in this |
9 | Commonwealth to register, the Pennsylvania State Police shall |
10 | notify the other jurisdiction that the sexual offender failed to |
11 | appear. |
12 | (c) International residence.--The Pennsylvania State Police |
13 | shall, within three business days, transfer information that a |
14 | sexual offender intends to establish residence in another |
15 | country to: |
16 | (1) A jurisdiction in which the sexual offender is |
17 | required to register residence, employment or enrollment as a |
18 | student. |
19 | (2) The United States Marshals Service. |
20 | (3) The Department of Justice for inclusion in the |
21 | National Sex Offender Registry and NCIC. |
22 | (d) International travel.--The Pennsylvania State Police |
23 | shall, within three business days, transfer information about |
24 | international travel provided by the sexual offender under |
25 | section 9799.15(i) to: |
26 | (1) A jurisdiction in which the sexual offender is |
27 | required to register the sexual offender's residence, |
28 | employment or enrollment as a student. |
29 | (2) The United States Marshals Service. |
30 | (3) The Department of Justice for inclusion in the |
|
1 | National Sex Offender Registry and NCIC. |
2 | (e) National Child Protection Act agencies.--The |
3 | Pennsylvania State Police shall, within three business days, |
4 | transfer such criminal history record information about a sexual |
5 | offender in the registry necessary to enable an agency |
6 | responsible for conducting employment-related background checks |
7 | under section 3 of the National Child Protection Act of 1993 |
8 | (Public Law 103-209, 42 U.S.C. 5119a) to conduct the background |
9 | checks. |
10 | § 9799.19. Initial registration. |
11 | (a) General rule.--An individual set forth in section |
12 | 9799.13 (relating to applicability) shall initially register |
13 | with the Pennsylvania State Police as set forth in this section. |
14 | (b) Initial registration if incarcerated within Commonwealth |
15 | on effective date of section.--The following apply: |
16 | (1) If the individual is, on the effective date of this |
17 | section, incarcerated in a State or county correctional |
18 | facility, the individual shall provide the information set |
19 | forth in section 9799.16(b) (relating to registry) to the |
20 | appropriate official of the State or county correctional |
21 | facility or the Pennsylvania Board of Probation and Parole |
22 | for inclusion in the registry before being released due to: |
23 | (i) the expiration of sentence, in which case the |
24 | information shall be collected no later than ten days |
25 | prior to the maximum expiration date; |
26 | (ii) parole; |
27 | (iii) State or county intermediate punishment where |
28 | the sentence is restrictive and the individual is |
29 | sentenced to a period of incarceration in a State or |
30 | county correctional institution or a work release |
|
1 | facility; or |
2 | (iv) special probation supervised by the |
3 | Pennsylvania Board of Probation and Parole. |
4 | (2) For individuals set forth in paragraph (1), the |
5 | appropriate official of the State or county correctional |
6 | facility or the Pennsylvania Board of Probation and Parole |
7 | shall collect and forward the information in section |
8 | 9799.16(b) to the Pennsylvania State Police. The appropriate |
9 | official shall, in addition, ensure that the information set |
10 | forth in section 9799.16(c) is collected and forwarded to the |
11 | Pennsylvania State Police. The information in section |
12 | 9799.16(b) and (c) shall be included in the registry. With |
13 | respect to individuals released under paragraphs (1)(ii), |
14 | (iii) or (iv), the State or county correctional facility |
15 | shall not release the individual until it receives |
16 | verification from the Pennsylvania State Police that it has |
17 | received the information set forth in section 9799.16(b) and |
18 | (c). Verification may take place by electronic means. With |
19 | respect to individuals released under paragraph (1)(i), if |
20 | the individual refuses to provide the information set forth |
21 | in section 9799.16(b), the State or county correctional |
22 | institution shall notify the Pennsylvania State Police or the |
23 | municipal police department with jurisdiction over the |
24 | facility of the failure to provide the information and of the |
25 | expected date, time and location of the release of the |
26 | individual. |
27 | (b.1) Initial registration if sentenced to a county or State |
28 | correctional facility after effective date of section.--If the |
29 | individual is, after the effective date of this section, |
30 | sentenced to a period of incarceration in a county or State |
|
1 | correctional facility, the individual shall provide the |
2 | information set forth in section 9799.16(b) as follows: |
3 | (1) At the time of sentencing, the court shall require |
4 | the individual to immediately report to the Office of |
5 | Probation and Parole serving that county to register under |
6 | this subchapter. The appropriate office of probation and |
7 | parole shall collect the information set forth in section |
8 | 9799.16(b) from the individual and forward the information to |
9 | the Pennsylvania State Police. The appropriate office of |
10 | probation and parole shall, in addition, ensure the |
11 | information set forth in 9799.16(c) is collected and |
12 | forwarded to the Pennsylvania State Police. The information |
13 | in section 9799.16(b) and (c) shall be included in the |
14 | registry. |
15 | (2) If the individual is incarcerated in a State |
16 | correctional facility or county correctional facility, the |
17 | correctional facility shall notify the Pennsylvania State |
18 | Police, not more than 30 days in advance of, but not later |
19 | than ten days prior to, the individual's release from the |
20 | correctional facility. The following apply: |
21 | (i) The correctional facility shall ensure that the |
22 | information set forth in section 9799.16(b) and (c) for |
23 | the individual has been submitted to the Pennsylvania |
24 | State Police. |
25 | (ii) If the information has not been submitted to |
26 | the Pennsylvania State Police, the correctional facility |
27 | shall collect the information set forth in section |
28 | 9799.16(b) from the individual and forward the |
29 | information to the Pennsylvania State Police. |
30 | (iii) The correctional facility shall also report |
|
1 | any changes to the information set forth in section |
2 | 9799.16(b) and (c) on file with the Pennsylvania State |
3 | Police. |
4 | (iv) In the case of parole, State or county |
5 | intermediate punishment where the sentence is restrictive |
6 | and the individual is sentenced to a period of |
7 | incarceration in a State or county correctional |
8 | institution or work release facility or special probation |
9 | supervised by the Pennsylvania Board of Probation and |
10 | Parole, the correctional facility may not release the |
11 | individual until the correctional facility receives |
12 | verification from the Pennsylvania State Police that the |
13 | Pennsylvania State Police has received the information |
14 | set forth in section 9799.16(b) and (c). Verification by |
15 | the Pennsylvania State Police may occur by electronic |
16 | means. |
17 | (v) If the individual is scheduled to be released |
18 | from a State or county correctional institution due to |
19 | the expiration of sentence and the individual refuses to |
20 | provide the information set forth in section 9799.16(b), |
21 | the State or county correctional institution shall notify |
22 | the Pennsylvania State Police or the municipal police |
23 | department with jurisdiction over the facility of the |
24 | failure to provide the information and of the expected |
25 | date, time and location of the release of the individual. |
26 | (c) Initial registration if sentenced to county intermediate |
27 | punishment on effective date of section.--If the individual is, |
28 | on the effective date of this section, sentenced to county |
29 | intermediate punishment which is restorative where the |
30 | individual is not sentenced to incarceration or to a work |
|
1 | release facility, the individual shall provide the information |
2 | set forth in section 9799.16(b) by appearing at an approved |
3 | registration site within 48 hours of the effective date of this |
4 | section. The appropriate official of the county office of |
5 | probation and parole shall ensure that the individual has |
6 | appeared at an approved registration site as set forth in this |
7 | subsection. If the individual fails to appear, the appropriate |
8 | official of the county office of probation and parole shall |
9 | notify the Pennsylvania State Police. The Pennsylvania State |
10 | Police shall ensure the information set forth in section |
11 | 9799.16(c) with respect to the individual is collected and |
12 | entered in the registry. |
13 | (d) Initial registration if sentenced to county intermediate |
14 | punishment after effective date of section.--If the individual |
15 | is, after the effective date of this section, sentenced to |
16 | county intermediate punishment, the following apply: |
17 | (1) If the individual is sentenced to county |
18 | intermediate punishment which is restorative, the individual |
19 | shall provide the information set forth in section 9799.16(b) |
20 | by appearing at an approved registration site within 48 hours |
21 | of being sentenced. The appropriate official of the county |
22 | office of probation and parole shall ensure that the |
23 | individual has appeared at an approved registration site as |
24 | set forth in this paragraph. If the individual fails to |
25 | appear, the appropriate official of the county office of |
26 | probation and parole shall notify the Pennsylvania State |
27 | Police. The Pennsylvania State Police shall ensure the |
28 | information set forth in section 9799.16(c) with respect to |
29 | the individual is collected and entered in the registry. |
30 | (2) If the individual is sentenced to county |
|
1 | intermediate punishment which is restrictive where the |
2 | individual is not sentenced to incarceration or to a work |
3 | release facility, the individual shall provide the |
4 | information set forth in section 9799.16(b) by appearing at |
5 | an approved registration site within 48 hours of being |
6 | sentenced. The appropriate official of the county office of |
7 | probation and parole shall ensure that the individual has |
8 | appeared at an approved registration site as set forth in |
9 | this paragraph. If the individual fails to appear, the |
10 | appropriate official of the county office of probation and |
11 | parole shall notify the Pennsylvania State Police. The |
12 | Pennsylvania State Police shall ensure the information set |
13 | forth in section 9799.16(c) with respect to the individual is |
14 | collected and entered in the registry. |
15 | (e) Initial registration if sentenced to county probation on |
16 | or after effective date of section.--If the individual is, on or |
17 | after the effective date of this section, sentenced to county |
18 | probation, the individual shall provide the information set |
19 | forth in section 9799.16(b) by appearing at an approved |
20 | registration site within 48 hours of being sentenced. The |
21 | appropriate official of the county office of probation and |
22 | parole shall ensure that the individual has appeared at an |
23 | approved registration site as set forth in this paragraph. If |
24 | the individual fails to appear, the appropriate official of the |
25 | county office of probation and parole shall notify the |
26 | Pennsylvania State Police. The Pennsylvania State Police shall |
27 | ensure the information set forth in section 9799.16(c) with |
28 | respect to the individual is collected and entered in the |
29 | registry. |
30 | (f) Initial registration if being supervised by |
|
1 | Commonwealth under Interstate Compact for Adult Offender |
2 | Supervision.--If an individual is in this Commonwealth and is |
3 | being supervised by the State Board of Probation and Parole or |
4 | the county office of probation and parole pursuant to the |
5 | Interstate Compact for Adult Offender Supervision, the following |
6 | apply: |
7 | (1) If the individual is being supervised under the |
8 | compact after the effective date of this section, the |
9 | individual shall provide the information set forth in section |
10 | 9799.16(b) to the appropriate official of the State Board of |
11 | Probation and Parole or the county office of probation and |
12 | parole for inclusion in the registry. The appropriate |
13 | official shall collect the information set forth in section |
14 | 9799.16(b) and forward the information to the Pennsylvania |
15 | State Police. The appropriate official shall, in addition, |
16 | ensure that the information set forth in section 9799.16(c) |
17 | is collected and forwarded to the Pennsylvania State Police. |
18 | If the individual fails to provide the information in section |
19 | 9799.16(b), the appropriate official of the State Board of |
20 | Probation and Parole or county office of probation and parole |
21 | shall notify the Pennsylvania State Police. |
22 | (2) If the individual is being supervised under the |
23 | compact on the effective date of this section, the individual |
24 | shall provide the information set forth in section 9799.16(b) |
25 | by appearing at an approved registration site within 48 hours |
26 | of the effective date of this section. The appropriate |
27 | official of the Pennsylvania Board of Probation and Parole or |
28 | the county office of probation and parole shall ensure that |
29 | the individual has appeared at an approved registration site |
30 | as set forth in this paragraph. If the individual fails to |
|
1 | appear, the appropriate official shall notify the |
2 | Pennsylvania State Police. The appropriate official shall, in |
3 | addition, ensure the information set forth in section |
4 | 9799.16(c) is collected and forwarded to the Pennsylvania |
5 | State Police. |
6 | (g) Supervision of individual convicted in Commonwealth who |
7 | does not intend to reside in Commonwealth.--On or after the |
8 | effective date of this section, an individual convicted of a |
9 | sexually violent offense within this Commonwealth who seeks |
10 | transfer of supervision to another jurisdiction pursuant to the |
11 | Interstate Compact for Adult Offender Supervision, shall not |
12 | have supervision transferred to another jurisdiction prior to |
13 | the individual's registration with the Pennsylvania State Police |
14 | as set forth in this section. |
15 | (h) Initial registration of juvenile offender or sexually |
16 | violent delinquent child.--If the individual is a juvenile |
17 | offender or a sexually violent delinquent child, the following |
18 | apply: |
19 | (1) If the individual is a juvenile offender who is |
20 | adjudicated delinquent by a court on or after the effective |
21 | date of this section, the court shall require the individual |
22 | to provide the information set forth in section 9799.16(b) to |
23 | the chief juvenile probation officer of the court at the time |
24 | of disposition under section 6352 (relating to disposition of |
25 | delinquent child). The chief juvenile probation officer shall |
26 | collect the information in section 9799.16(b) and (c) and |
27 | forward it to the Pennsylvania State Police for inclusion in |
28 | the registry as directed by the Pennsylvania State Police. If |
29 | the juvenile offender is under court-ordered placement in an |
30 | institution or facility set forth in section 6352(a)(3), the |
|
1 | institution or facility shall ensure the information provided |
2 | by the juvenile offender pursuant to section 9799.16(b) is |
3 | updated to reflect accurate information prior to release. The |
4 | institution or facility may not release the juvenile offender |
5 | until it receives verification from the Pennsylvania State |
6 | Police that the information required under section 9799.16(b) |
7 | and (c) has been entered in the registry. |
8 | (2) If the individual is, on the effective date of this |
9 | section, a juvenile offender and is subject to the |
10 | jurisdiction of the court pursuant to a disposition entered |
11 | under section 6352 and is on probation, the individual shall |
12 | provide the information set forth in section 9799.16(b) to |
13 | the chief juvenile probation officer of the court within 30 |
14 | days of the effective date of this section. The chief |
15 | juvenile probation officer shall collect the information set |
16 | forth in section 9799.16(b) and (c) and forward it to the |
17 | Pennsylvania State Police for inclusion in the registry, as |
18 | directed by the Pennsylvania State Police. |
19 | (3) If the individual is, on the effective date of this |
20 | section, a juvenile offender and is subject to the |
21 | jurisdiction of a court pursuant to a disposition entered |
22 | under section 6352 and is under court-ordered placement in an |
23 | institution or facility set forth in section 6352, the |
24 | director of the institution or facility or a designee shall |
25 | make the juvenile offender available for and facilitate the |
26 | collection of the information set forth in section 9799.16(b) |
27 | and (c) as directed by the Pennsylvania State Police for |
28 | inclusion in the registry. The Pennsylvania State Police may |
29 | require the institution or facility to transport the juvenile |
30 | offender to and from an approved registration site in order |
|
1 | to fulfill the requirement of this paragraph. In order to |
2 | fulfill the requirements of this paragraph, the chief |
3 | juvenile probation officer of the court shall, within ten |
4 | days of the effective date of this section, notify the |
5 | director of the institution or facility and the Pennsylvania |
6 | State Police that the juvenile offender is required to |
7 | register under this subchapter. In addition, the institution |
8 | or facility shall ensure that the information provided by the |
9 | juvenile offender pursuant to section 9799.16(b) is updated |
10 | to reflect accurate information prior to release. The |
11 | juvenile offender may not be released until the institution |
12 | or facility receives verification from the Pennsylvania State |
13 | Police that the information required under section 9799.16(b) |
14 | and (c) has been entered into the registry. |
15 | (4) If the individual is, on the effective date of this |
16 | section, a sexually violent delinquent child and receiving |
17 | involuntary treatment in the State-owned facility or unit |
18 | under Chapter 64 (relating to court-ordered involuntary |
19 | treatment of certain sexually violent persons), the director |
20 | of the facility or unit or a designee shall make the sexually |
21 | violent delinquent child available for and facilitate the |
22 | collection of the information set forth in section 9799.16(b) |
23 | and (c) as directed by the Pennsylvania State Police for |
24 | inclusion in the registry. The Pennsylvania State Police may |
25 | require the facility or unit to transport the sexually |
26 | violent delinquent child to and from an approved registration |
27 | site in order to fulfill the requirement of this paragraph. |
28 | In addition, the facility or unit shall ensure that the |
29 | information provided by the sexually violent delinquent child |
30 | pursuant to section 9799.16(b) is updated to reflect accurate |
|
1 | information prior to release. The facility or unit may not |
2 | release the sexually violent delinquent child until it has |
3 | received verification from the Pennsylvania State Police that |
4 | it has received the information set forth in section |
5 | 9799.16(b) and (c). |
6 | (5) If the individual is, on or after the effective date |
7 | of this section, determined by the court to be a sexually |
8 | violent delinquent child and committed for involuntary |
9 | treatment to the State-owned facility or unit under Chapter |
10 | 64, the following apply: |
11 | (i) The court shall require the individual to |
12 | provide the information set forth in section 9799.16(b) |
13 | to the chief juvenile probation officer of the court at |
14 | the time of commitment. The chief juvenile probation |
15 | officer shall collect and forward the information to the |
16 | Pennsylvania State Police for inclusion in the registry. |
17 | The chief juvenile probation officer shall, at the time |
18 | of commitment, also ensure that the information set forth |
19 | in section 9799.16(c) is collected and forwarded to the |
20 | Pennsylvania State Police for inclusion in the registry. |
21 | The Pennsylvania State Police may require the facility or |
22 | unit to transport the sexually violent delinquent child |
23 | to and from an approved registration site in order to |
24 | fulfill the requirement of initial registration at the |
25 | time of commitment. |
26 | (ii) The facility or unit shall ensure that the |
27 | information provided by the sexually violent delinquent |
28 | child pursuant to section 9799.16(b) is updated to |
29 | reflect accurate information prior to transfer to |
30 | involuntary outpatient treatment pursuant to section |
|
1 | 6404.1 (relating to transfer to involuntary outpatient |
2 | treatment) or discharge. The court may not discharge the |
3 | sexually violent delinquent child from the facility or |
4 | unit until it has received verification from the |
5 | Pennsylvania State Police that the information required |
6 | under section 9799.16(b) and (c) has been entered in the |
7 | registry. |
8 | (i) Initial registration if convicted outside |
9 | Commonwealth.--If the individual is, on or after the effective |
10 | date of this section, convicted of a sexually violent offense in |
11 | another jurisdiction or a foreign country or of a comparable |
12 | military offense, the individual shall appear in person at an |
13 | approved registration site to provide the information set forth |
14 | in section 9799.16(b) to the Pennsylvania State Police within |
15 | three business days of establishing residence, commencing |
16 | employment or commencing enrollment as a student within this |
17 | Commonwealth. In addition, the individual shall comply with the |
18 | other provisions of this subchapter, including section 9799.15 |
19 | (relating to period of registration). If the individual fails to |
20 | establish a residence but nevertheless resides in this |
21 | Commonwealth, the individual shall register as a transient. The |
22 | Pennsylvania State Police shall ensure that the information set |
23 | forth in section 9799.16(c) with respect to the individual is |
24 | collected and entered in the registry. |
25 | (j) Former law and initial registration.--If the individual |
26 | was required to register under this subchapter before the |
27 | effective date of this section and has not fulfilled the period |
28 | of registration, the individual shall appear at an approved |
29 | registration site to provide the information set forth in |
30 | section 9799.16(b) to the Pennsylvania State Police within 90 |
|
1 | days of the effective date of this section. In addition, the |
2 | individual shall comply with the other provisions of this |
3 | subchapter, including section 9799.15. If the individual fails |
4 | to establish a residence, the individual shall register as a |
5 | transient. The Pennsylvania State Police shall ensure that the |
6 | information set forth in section 9799.16(c) with respect to the |
7 | individual is collected and entered in the registry. |
8 | § 9799.20. Duty to inform. |
9 | In order to implement the provisions of section 9799.19 |
10 | (relating to initial registration), the Pennsylvania State |
11 | Police, the court having jurisdiction over the sexual offender, |
12 | the chief juvenile probation officer of the court and the |
13 | appropriate official of the Pennsylvania Board of Probation and |
14 | Parole, county office of probation and parole, the Department of |
15 | Public Welfare or a State or county correctional institution |
16 | shall: |
17 | (1) Inform the individual required to register of the |
18 | individual's duties under this subchapter. |
19 | (2) Require the individual to read and sign a form |
20 | stating that the duty to register has been explained and that |
21 | the individual understands the registration requirement. |
22 | (3) Collect the information required under section |
23 | 9799.16 (b) and (c) (relating to registry) and forward the |
24 | information to the Pennsylvania State Police for inclusion in |
25 | the registry as set forth in this subchapter. |
26 | § 9799.21. Penalty. |
27 | An individual set forth in section 9799.13 (relating to |
28 | applicability) may be subject to prosecution under 18 Pa.C.S. § |
29 | 4915.1 (relating to failure to comply with registration of |
30 | sexual offenders requirements) if the individual fails to: |
|
1 | (1) register with the Pennsylvania State Police as set |
2 | forth in section 9799.15 (relating to period of |
3 | registration), 9799.19 (relating to initial registration) or |
4 | 9799.25 (relating to verification by sexual offenders and |
5 | Pennsylvania State Police); |
6 | (2) verify the information provided by the individual or |
7 | be photographed as provided in sections 9799.15, 9799.19 and |
8 | 9799.25; or |
9 | (3) provide accurate information when registering under |
10 | sections 9799.15, 9799.19 and 9799.25. |
11 | § 9799.22. Enforcement. |
12 | (a) Failure to comply.--When an individual set forth in |
13 | section 9799.13 (relating to applicability) fails to comply with |
14 | section 9799.21(1), (2) or (3) (relating to penalty), the |
15 | Pennsylvania State Police shall: |
16 | (1) locate and arrest the individual for violating this |
17 | section; or |
18 | (2) notify the municipal police department where the |
19 | individual has a residence, is employed or is enrolled as a |
20 | student. The municipal police shall locate and arrest the |
21 | individual for violating this section. In municipalities |
22 | where no municipal police department exists, the Pennsylvania |
23 | State Police shall proceed under paragraph (1). |
24 | (b) When individual cannot be found.--In the event the |
25 | individual cannot be located, the Pennsylvania State Police |
26 | shall: |
27 | (1) Enter information on the Internet website of sexual |
28 | offenders and in the registry indicating that the individual |
29 | cannot be located. |
30 | (2) Provide information to the National Sex Offender |
|
1 | Registry and NCIC to reflect that the individual cannot be |
2 | located. |
3 | (3) Notify the United States Marshals Service. |
4 | (4) In cooperation with the district attorney, seek |
5 | issuance of a warrant for the arrest of the individual. If a |
6 | warrant is issued pursuant to this paragraph, the |
7 | Pennsylvania State Police shall provide information to the |
8 | National Crime Information Center Wanted Person File to |
9 | reflect that a warrant has been issued for the individual's |
10 | arrest. |
11 | (c) Notice from another jurisdiction.--When another |
12 | jurisdiction notifies the Commonwealth that a sexual offender |
13 | has terminated residence, employment or enrollment as a student |
14 | in that jurisdiction and intends to establish a residence in |
15 | this Commonwealth, commence employment in this Commonwealth or |
16 | commence enrollment as a student in this Commonwealth, and that |
17 | sexual offender fails to appear in this Commonwealth to register |
18 | as provided in section 9799.15 (relating to period of |
19 | registration), the Pennsylvania State Police shall notify the |
20 | other jurisdiction that the sexual offender failed to appear. |
21 | (d) Duty to inform Pennsylvania State Police.--In order to |
22 | implement the provisions of section 9799.15 and section 9799.19 |
23 | (relating to initial registration), the court with jurisdiction |
24 | over the sexual offender, the chief juvenile probation officer |
25 | of the court and the appropriate official of the Pennsylvania |
26 | Board of Probation and Parole, the county office of probation |
27 | and parole, the Department of Public Welfare or a State or |
28 | county correctional institution shall inform the Pennsylvania |
29 | State Police if the individual refuses to provide the |
30 | information required. The Pennsylvania State Police shall locate |
|
1 | and arrest the individual for a violation of 18 Pa.C.S. § 4915.1 |
2 | (relating to failure to comply with registration of sexual |
3 | offenders requirements). |
4 | § 9799.23. Court notification and classification requirements. |
5 | (a) Notice to sexual offenders.--At the time of sentencing |
6 | or disposition, in the case of a juvenile offender or sexually |
7 | violent delinquent child, the court shall inform the sexual |
8 | offender of the provisions of this subchapter. The court shall: |
9 | (1) Specifically inform the sexual offender of the duty |
10 | to register under this subchapter. |
11 | (2) Specifically inform the sexual offender of the duty |
12 | to register in accordance with sections 9799.15 (relating to |
13 | period of registration), 9799.16(b) (relating to registry), |
14 | 9799.19 (relating to initial registration) and 9799.25 |
15 | (relating to verification by sexual offenders and |
16 | Pennsylvania State Police). |
17 | (3) Specifically inform the sexual offender of the duty |
18 | to register with authorities in another jurisdiction within |
19 | three business days of: |
20 | (i) Commencement of residence, change of residence, |
21 | termination of residence or failure to maintain a |
22 | residence, thus making the sexual offender a transient. |
23 | (ii) Commencement of employment, a change in the |
24 | location or entity in which the sexual offender is |
25 | employed or termination of employment. |
26 | (iii) Commencement of enrollment as a student, a |
27 | change in enrollment as a student or termination of |
28 | enrollment as a student. |
29 | (4) In accordance with section 9799.16(c), order that |
30 | the fingerprints, palm prints, DNA sample and photograph of |
|
1 | the sexual offender be provided to the Pennsylvania State |
2 | Police upon sentencing. |
3 | (5) Require the sexual offender to read and sign a form |
4 | stating that the duty to register under this subchapter has |
5 | been explained. If the sexual offender is incapable of |
6 | speaking, reading or writing the English language, the court |
7 | shall certify the duty to register was explained to the |
8 | sexual offender, and the sexual offender indicated an |
9 | understanding of the duty. |
10 | (6) Specifically classify the individual as one of the |
11 | following: |
12 | (i) An individual convicted of a Tier I offense. |
13 | (ii) An individual convicted of a Tier II offense. |
14 | (iii) An individual convicted of a Tier III offense. |
15 | (iv) A sexually violent predator. |
16 | (v) A juvenile offender. |
17 | (vi) A sexually violent delinquent child. |
18 | (b) Mandatory registration.--All sexual offenders must |
19 | register in accordance with this subchapter. The following |
20 | apply: |
21 | (1) Failure by the court to provide the information |
22 | required in this section, to correctly inform a sexual |
23 | offender of the sexual offender's obligations or to require a |
24 | sexual offender to register shall not relieve the sexual |
25 | offender from the requirements of this subchapter. |
26 | (2) Except as provided in section 9799.17 (relating to |
27 | reduction of period of registration), the court shall have no |
28 | authority to relieve a sexual offender from the duty to |
29 | register under this subchapter or to modify the requirements |
30 | of this subchapter as they relate to the sexual offender. |
|
1 | § 9799.24. Assessments. |
2 | (a) Order for assessment.--After conviction but before |
3 | sentencing, a court shall order an individual convicted of a |
4 | sexually violent offense to be assessed by the board. The order |
5 | for an assessment shall be sent to the administrative officer of |
6 | the board within ten days of the date of conviction for the |
7 | sexually violent offense. |
8 | (b) Assessment.--Upon receipt from the court of an order for |
9 | an assessment, a member of the board as designated by the |
10 | administrative officer of the board shall conduct an assessment |
11 | of the individual to determine if the individual should be |
12 | classified as a sexually violent predator. The board shall |
13 | establish standards for evaluations and for evaluators |
14 | conducting the assessments. An assessment shall include, but not |
15 | be limited to, an examination of the following: |
16 | (1) Facts of the current offense, including: |
17 | (i) Whether the offense involved multiple victims. |
18 | (ii) Whether the individual exceeded the means |
19 | necessary to achieve the offense. |
20 | (iii) The nature of the sexual contact with the |
21 | victim. |
22 | (iv) Relationship of the individual to the victim. |
23 | (v) Age of the victim. |
24 | (vi) Whether the offense included a display of |
25 | unusual cruelty by the individual during the commission |
26 | of the crime. |
27 | (vii) The mental capacity of the victim. |
28 | (2) Prior offense history, including: |
29 | (i) The individual's prior criminal record. |
30 | (ii) Whether the individual completed any prior |
|
1 | sentences. |
2 | (iii) Whether the individual participated in |
3 | available programs for sexual offenders. |
4 | (3) Characteristics of the individual, including: |
5 | (i) Age. |
6 | (ii) Use of illegal drugs. |
7 | (iii) Any mental illness, mental disability or |
8 | mental abnormality. |
9 | (iv) Behavioral characteristics that contribute to |
10 | the individual's conduct. |
11 | (4) Factors that are supported in a sexual offender |
12 | assessment field as criteria reasonably related to the risk |
13 | of reoffense. |
14 | (c) Release of information.--All State, county and local |
15 | agencies, offices and entities in this Commonwealth, including |
16 | juvenile probation officers, shall cooperate by providing copies |
17 | of records and information as requested by the board in |
18 | connection with the court-ordered assessment and the assessment |
19 | requested by the Pennsylvania Board of Probation and Parole or |
20 | the assessment of a delinquent child under section 6358 |
21 | (relating to assessment of delinquent children by the State |
22 | Sexual Offenders Assessment Board). |
23 | (d) Submission of report by board.--The board shall have 90 |
24 | days from the date of conviction of the individual to submit a |
25 | written report containing its assessment to the district |
26 | attorney. |
27 | (d.1) Summary of offense.--The board shall prepare a |
28 | description of the offense or offenses that trigger the |
29 | application of this subchapter to include, but not be limited |
30 | to: |
|
1 | (1) A concise narrative of the individual's conduct. |
2 | (2) Whether the victim was a minor. |
3 | (3) The manner of weapon or physical force used or |
4 | threatened. |
5 | (4) If the offense involved unauthorized entry into a |
6 | room or vehicle occupied by the victim. |
7 | (5) If the offense was part of a course or pattern of |
8 | conduct involving multiple incidents or victims. |
9 | (6) Previous instances in which the individual was |
10 | determined guilty of an offense subject to this subchapter or |
11 | of a crime of violence as defined in section 9714(g) |
12 | (relating to sentences for second and subsequent offenses). |
13 | (e) Hearing.-- |
14 | (1) A hearing to determine whether the individual is a |
15 | sexually violent predator shall be scheduled upon the |
16 | praecipe filed by the district attorney. The district |
17 | attorney upon filing a praecipe shall serve a copy of the |
18 | praecipe upon defense counsel together with a copy of the |
19 | report of the board. |
20 | (2) The individual and district attorney shall be given |
21 | notice of the hearing and an opportunity to be heard, the |
22 | right to call witnesses, the right to call expert witnesses |
23 | and the right to cross-examine witnesses. In addition, the |
24 | individual shall have the right to counsel and to have an |
25 | attorney appointed to represent the individual if the |
26 | individual cannot afford one. If the individual requests |
27 | another expert assessment, the individual shall provide a |
28 | copy of the expert assessment to the district attorney prior |
29 | to the hearing. |
30 | (3) At the hearing prior to sentencing, the court shall |
|
1 | determine whether the Commonwealth has proved by clear and |
2 | convincing evidence that the individual is a sexually violent |
3 | predator. |
4 | (4) A copy of the order containing the determination of |
5 | the court shall be immediately submitted to the individual, |
6 | the district attorney, the Pennsylvania Board of Probation |
7 | and Parole, the Department of Corrections, the board and the |
8 | Pennsylvania State Police. |
9 | (f) Presentence investigation.--In all cases where the board |
10 | has performed an assessment under this section, copies of the |
11 | report shall be provided to the agency preparing the presentence |
12 | investigation. |
13 | (g) Parole assessment.--The Pennsylvania Board of Probation |
14 | and Parole may request of the board that an assessment of a |
15 | sexual offender be conducted and that a report be provided to |
16 | the Pennsylvania Board of Probation and Parole prior to |
17 | considering a sexual offender for parole. |
18 | (h) Delinquent children.--The probation officer shall notify |
19 | the board 90 days prior to the 20th birthday of the child of the |
20 | status of the delinquent child who is committed to an |
21 | institution or other facility pursuant to section 6352 (relating |
22 | to disposition of delinquent child) after having been found |
23 | delinquent for an act of sexual violence that if committed by an |
24 | adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
25 | rape), 3123 (relating to involuntary deviate sexual |
26 | intercourse), 3124.1 (relating to sexual assault), 3125 |
27 | (relating to aggravated indecent assault), 3126 (relating to |
28 | indecent assault) or 4302 (relating to incest), together with |
29 | the location of the facility where the child is committed. The |
30 | board shall conduct an assessment of the child, which shall |
|
1 | include the board's determination of whether or not the child is |
2 | in need of commitment due to a mental abnormality as defined in |
3 | section 6402 (relating to definitions) or a personality |
4 | disorder, either of which results in serious difficulty in |
5 | controlling sexually violent behavior, and provide a report to |
6 | the court within the time frames set forth in section 6358(c). |
7 | The probation officer shall assist the board in obtaining access |
8 | to the child and any records or information as requested by the |
9 | board in connection with the assessment. The assessment shall be |
10 | conducted under subsection (b). |
11 | (i) Other assessments.--Upon receipt from the court of an |
12 | order for an assessment under section 9799.17 (relating to |
13 | reduction of period of registration), a member of the board as |
14 | designated by the administrative officer of the board shall |
15 | conduct an assessment of the individual to determine if the |
16 | relief sought, if granted, is likely to pose a threat to the |
17 | safety of any other person. The board shall establish standards |
18 | for evaluations and for evaluators conducting these assessments. |
19 | § 9799.25. Verification by sexual offenders and Pennsylvania |
20 | State Police. |
21 | (a) Periodic verification.--Except for initial registration |
22 | as provided in section 9799.19 (relating to initial |
23 | registration) and in accordance with section 9799.15(a) |
24 | (relating to period of registration), sexual offenders shall |
25 | verify the information provided in section 9799.16(b) (relating |
26 | to registry) and be photographed as follows: |
27 | (1) An individual convicted of a Tier I sexual offense |
28 | shall appear in person at an approved registration site once |
29 | per calendar year. |
30 | (2) An individual convicted of a Tier II sexual offense |
|
1 | shall appear in person at an approved registration site every |
2 | 180 days. |
3 | (3) An individual convicted of a Tier III sexual offense |
4 | shall appear in person at an approved registration site every |
5 | 90 days. |
6 | (4) An individual designated as a sexually violent |
7 | predator shall appear in person at an approved registration |
8 | site every 90 days. |
9 | (5) A juvenile offender shall appear in person at an |
10 | approved registration site every 90 days. |
11 | (6) A sexually violent delinquent child shall appear in |
12 | person at an approved registration site every 90 days. |
13 | (7) A transient shall appear in person at an approved |
14 | registration site every 30 days. |
15 | (b) Deadline.--The following apply: |
16 | (1) A sexual offender shall appear as required under |
17 | subsection (a) within ten days of the date designated by the |
18 | Pennsylvania State Police. Failure to appear within ten days |
19 | may subject the sexual offender to prosecution under 18 |
20 | Pa.C.S. § 4915.1 (relating to failure to comply with |
21 | registration of sexual offenders requirements). |
22 | (2) In the case of a sexual offender who fails to appear |
23 | as required under this section, the Pennsylvania State Police |
24 | shall notify the municipal police department where the sexual |
25 | offender has a residence, is employed or is enrolled as a |
26 | student. The municipal police shall locate the sexual |
27 | offender and arrest the sexual offender for violating this |
28 | section. A municipal police department may request assistance |
29 | locating or arresting a sexual offender from the Pennsylvania |
30 | State Police. In municipalities where no municipal police |
|
1 | department exists, the Pennsylvania State Police shall locate |
2 | the offender and arrest the sexual offender for violating |
3 | this section. |
4 | (3) In the case of a sexual offender who fails to appear |
5 | as required under this section, the Pennsylvania State Police |
6 | shall notify the United States Marshals Service in accordance |
7 | with section 9799.22(b)(3) (relating to enforcement). |
8 | (c) Facilitation of verification.--The Pennsylvania State |
9 | Police shall administer and facilitate the process of |
10 | verification of information, including compliance with |
11 | counseling in the case of sexually violent predators, and |
12 | photographing the sexual offender by: |
13 | (1) Sending a notice by first class United States mail |
14 | to each sexual offender at the offender's last reported |
15 | residence or location, including a post office box. The |
16 | notice shall be sent not more than 30 days nor less than 15 |
17 | days prior to the date a sexual offender is required to |
18 | appear pursuant to subsection (a). The notice shall remind |
19 | the sexual offender of the sexual offender's responsibilities |
20 | under this subchapter, including counseling in the case of |
21 | sexually violent predators, and provide a list of approved |
22 | registration sites. |
23 | (2) Providing verification and compliance forms as |
24 | necessary at each approved registration site. |
25 | (d) Effect of notice.--Failure to send or receive notice of |
26 | information under this section shall not relieve the sexual |
27 | offender from the requirements of this subchapter. |
28 | (e) Natural disaster.--The occurrence of a natural disaster |
29 | or other event requiring evacuation of residences shall not |
30 | relieve the sexual offender of the duty to register or any other |
|
1 | duty imposed by this subchapter. |
2 | § 9799.26. Victim notification. |
3 | (a) Duty to inform victim.-- |
4 | (1) If an offender is determined to be a sexually |
5 | violent predator or a sexually violent delinquent child, the |
6 | municipal police department or the Pennsylvania State Police, |
7 | if no municipal police jurisdiction exists, shall give |
8 | written notice to the victim when the sexually violent |
9 | predator or the sexually violent delinquent child registers |
10 | initially under section 9799.19 (relating to initial |
11 | registration) or under section 9799.15(g)(2), (3) or (4) |
12 | (relating to period of registration). The notice shall be |
13 | given within 72 hours after the sexually violent predator or |
14 | the sexually violent delinquent child registers or notifies |
15 | the Pennsylvania State Police of current information under |
16 | section 9799.15(g). The notice shall contain the following |
17 | information about the sexually violent predator or sexually |
18 | violent delinquent child: |
19 | (i) Name. |
20 | (ii) Residence. This subparagraph includes whether |
21 | the sexually violent predator or sexually violent |
22 | delinquent child is a transient, in which case the notice |
23 | shall contain information about the transient's temporary |
24 | habitat or other temporary place of abode or dwelling, |
25 | including a homeless shelter or park. In addition, the |
26 | notice shall contain a list of places the transient eats, |
27 | frequents and engages in leisure activities. |
28 | (iii) The address of employment. |
29 | (iv) The address where the sexually violent predator |
30 | or sexually violent delinquent child is enrolled as a |
|
1 | student. |
2 | (2) A victim may terminate the duty to inform set forth |
3 | in paragraph (1) by providing the local municipal police |
4 | department or the Pennsylvania State Police, if no local |
5 | municipal police department exists, with a written statement |
6 | releasing that agency from the duty to comply with this |
7 | section as it pertains to that victim. |
8 | (b) Individual not determined to be sexually violent |
9 | predator or sexually violent delinquent child.--If an individual |
10 | is not determined to be a sexually violent predator or a |
11 | sexually violent delinquent child, the victim shall be notified |
12 | in accordance with section 201 of the act of November 24, 1998 |
13 | (P.L.882, No.111), known as the Crime Victims Act. |
14 | (c) Electronic notification option.--In addition to |
15 | subsections (a) and (b), the Pennsylvania State Police shall |
16 | develop and implement a system that allows a victim to receive |
17 | electronic notification instead of the notification in |
18 | subsections (a) and (b) when a sexual offender provides current |
19 | information to the Pennsylvania State Police under subsection |
20 | (a). |
21 | § 9799.27. Other notification. |
22 | (a) Notice.--Notwithstanding the provisions of Chapter 63 |
23 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
24 | to criminal history record information), the chief law |
25 | enforcement officer of the police department of the municipality |
26 | where a sexually violent predator or sexually violent delinquent |
27 | child lives or, in the case of a sexually violent predator or |
28 | sexually violent delinquent child failing to establish a |
29 | residence and being a transient, the chief law enforcement |
30 | officer of the police department of the transient's last known |
|
1 | habitat, shall be responsible for providing written notice as |
2 | required under this section. The notice shall contain: |
3 | (1) The name of the individual. |
4 | (2) The address of the residence of the individual. If |
5 | the individual is a transient, written notice under this |
6 | paragraph shall consist of information about the transient's |
7 | temporary habitat or other temporary place of abode or |
8 | dwelling, including a homeless shelter or park and a list of |
9 | the places the transient eats, frequents and engages in |
10 | leisure activities. |
11 | (3) The offense for which the individual was convicted, |
12 | sentenced by a court, adjudicated delinquent or court |
13 | martialed. |
14 | (4) A statement that the individual has been determined |
15 | to be a sexually violent predator or sexually violent |
16 | delinquent child, which determination has or has not been |
17 | terminated as of a date certain. |
18 | (5) A photograph of the sexually violent predator or |
19 | sexually violent delinquent child. |
20 | The notice shall not include any information that might reveal |
21 | the victim's name, identity and residence. |
22 | (b) To whom written notice is provided.--The chief law |
23 | enforcement officer shall provide written notice under |
24 | subsection (a) to the following persons: |
25 | (1) Neighbors of the sexually violent predator or |
26 | sexually violent delinquent child. As used in this paragraph: |
27 | (i) In the case of a sexually violent predator or |
28 | sexually violent delinquent child being a transient, |
29 | "neighbor" includes residents in the area of the |
30 | transient's last known temporary habitat or other |
|
1 | temporary place of abode or dwelling, including a |
2 | homeless shelter or park. |
3 | (ii) Where the sexually violent predator lives in a |
4 | common interest community, the term "neighbor" includes |
5 | the unit owners' association and residents of the common |
6 | interest community. |
7 | (2) The director of the county children and youth agency |
8 | of the county where the sexually violent predator or sexually |
9 | violent delinquent child has a residence or, in the case of a |
10 | sexually violent predator or sexually violent delinquent |
11 | child failing to establish a residence and being a transient, |
12 | the director of the county children and youth agency of the |
13 | county of the sexually violent predator's or sexually violent |
14 | delinquent child's last known temporary habitat or other |
15 | temporary place of abode or dwelling, including a homeless |
16 | shelter or park. |
17 | (3) The superintendent of each school district and the |
18 | equivalent official for each private and parochial school |
19 | enrolling students up through grade 12 in the municipality |
20 | where the sexually violent predator or sexually violent |
21 | delinquent child has a residence or, in the case of a |
22 | sexually violent predator or sexually violent delinquent |
23 | child failing to establish a residence and being a transient, |
24 | the superintendent of each school district and the equivalent |
25 | official for private and parochial schools enrolling students |
26 | up through grade 12 in the municipality of the sexually |
27 | violent predator's or sexually violent delinquent child's |
28 | last known temporary habitat or other temporary place of |
29 | abode or dwelling, including a homeless shelter or park. |
30 | (4) The superintendent of each school district and the |
|
1 | equivalent official for each private and parochial school |
2 | located within a one-mile radius of where the sexually |
3 | violent predator or sexually violent delinquent child has a |
4 | residence or, in the case of a sexually violent predator or |
5 | sexually violent delinquent child failing to establish a |
6 | residence and being a transient, the superintendent of each |
7 | school district and the equivalent official for each private |
8 | and parochial school within a one-mile radius of the sexually |
9 | violent predator's or sexually violent delinquent child's |
10 | last known temporary habitat or other temporary place of |
11 | abode or dwelling, including a homeless shelter or park. |
12 | (5) The licensee of each certified day-care center and |
13 | licensed preschool program and owner or operator of each |
14 | registered family day-care home in the municipality where the |
15 | sexually violent predator or sexually violent delinquent |
16 | child has a residence or, in the case of a sexually violent |
17 | predator or sexually violent delinquent child failing to |
18 | establish a residence and being a transient, the licensee of |
19 | each certified day-care center and licensed preschool program |
20 | and owner or operator of each registered family day-care home |
21 | in the municipality of the sexually violent predator's or |
22 | sexually violent delinquent child's last known temporary |
23 | habitat or other temporary place of abode or dwelling, |
24 | including a homeless shelter or park. |
25 | (6) The president of each college, university and |
26 | community college located within 1,000 feet of where the |
27 | sexually violent predator or sexually violent delinquent |
28 | child has a residence or, in the case of a sexually violent |
29 | predator or sexually violent delinquent child failing to |
30 | establish a residence and being a transient, the president of |
|
1 | each college, university and community college located within |
2 | 1,000 feet of the sexually violent predator's or sexually |
3 | violent delinquent child's last known temporary habitat or |
4 | other temporary place of abode or dwelling, including a |
5 | homeless shelter or park. |
6 | (c) Notification time frames.--The municipal police |
7 | department's chief law enforcement officer shall provide notice |
8 | within the following time frames: |
9 | (1) To neighbors, notice shall be provided within five |
10 | days after information of the sexually violent predator's or |
11 | sexually violent delinquent child's release date and |
12 | residence has been received by the chief law enforcement |
13 | officer. Notwithstanding the provisions of subsections (a) |
14 | and (b), verbal notification may be used if written |
15 | notification would delay meeting the requirement of this |
16 | paragraph. |
17 | (2) To the persons specified in subsection (b)(2), (3), |
18 | (4), (5) and (6), notice shall be provided within seven days |
19 | after the chief law enforcement officer receives information |
20 | regarding the sexually violent predator's or sexually violent |
21 | delinquent child's release date and residence. |
22 | (d) Public notice.--Information provided in accordance with |
23 | subsection (a) shall be available to the general public upon |
24 | request. The information may be provided by electronic means. |
25 | § 9799.28. Public Internet website. |
26 | (a) Information to be made available through Internet.--The |
27 | Pennsylvania State Police shall, in the manner and form directed |
28 | by the Governor: |
29 | (1) Develop and maintain a system for making information |
30 | about individuals convicted of a sexually violent offense, |
|
1 | sexually violent predators and sexually violent delinquent |
2 | children publicly available by electronic means via an |
3 | Internet website. In order to fulfill its duties under this |
4 | section, the Pennsylvania State Police shall ensure that the |
5 | Internet website: |
6 | (i) Contains a feature to permit a member of the |
7 | public to obtain relevant information for an individual |
8 | convicted of a sexually violent offense, a sexually |
9 | violent predator or a sexually violent delinquent child |
10 | by a single query for any given zip code or geographic |
11 | radius set by the user. |
12 | (ii) Contains a feature to allow a member of the |
13 | public to receive electronic notification when an |
14 | individual convicted of a sexually violent offense, |
15 | sexually violent predator or sexually violent delinquent |
16 | child provides information under section 9799.15(g)(2), |
17 | (3) or (4) (relating to period of registration) relating |
18 | to a geographic area chosen by the user. |
19 | (iii) Includes in its design all field search |
20 | capabilities needed for full participation in the Dru |
21 | Sjodin National Sex Offender Public Website. The |
22 | Pennsylvania State Police shall ensure that the website |
23 | is able to participate in the Dru Sjodin National Sex |
24 | Offender Public Website as the United States Attorney |
25 | General may direct. |
26 | (iv) Is updated within three business days with the |
27 | information required. |
28 | (2) Include on the Internet website the following: |
29 | (i) Instructions on how to seek correction of |
30 | information that an individual contends is erroneous. |
|
1 | (ii) A warning that the information on the Internet |
2 | website should not be used to unlawfully injure, harass |
3 | or commit a crime against an individual convicted of a |
4 | sexually violent offense, a sexually violent predator or |
5 | a sexually violent delinquent child and that any such |
6 | action could result in criminal or civil penalties. |
7 | (3) Include on the Internet website an explanation of |
8 | its limitations, including statements advising that: |
9 | (i) A positive identification of an individual |
10 | convicted of a sexually violent offense, sexually violent |
11 | predator or sexually violent delinquent child may be |
12 | confirmed only by fingerprints. |
13 | (ii) Some information contained on the Internet |
14 | website may be outdated or inaccurate. |
15 | (iii) The Internet website is not a comprehensive |
16 | listing of every person who has ever committed a sexual |
17 | offense in Pennsylvania. |
18 | (4) Strive to ensure that the information contained on |
19 | the Internet website is accurate and that the data therein is |
20 | revised and updated as provided in paragraph (1)(iv). |
21 | (5) Provide on the Internet website general information |
22 | designed to inform and educate the public about sexual |
23 | offenders and the operation of this subchapter as well as |
24 | pertinent and appropriate information concerning crime |
25 | prevention and personal safety, with appropriate links to |
26 | other relevant Internet websites operated by the |
27 | Commonwealth. |
28 | (b) Required information.--Notwithstanding Chapter 63 |
29 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
30 | to criminal history record information), the Internet website |
|
1 | shall contain the following information regarding an individual |
2 | convicted of a sexually violent offense, a sexually violent |
3 | predator or a sexually violent delinquent child: |
4 | (1) Name and aliases. |
5 | (2) Year of birth. |
6 | (3) Street address, city, county and zip code of |
7 | residences and intended residences. In the case of an |
8 | individual convicted of a sexually violent offense, a |
9 | sexually violent predator or a sexually violent delinquent |
10 | child who fails to establish a residence and is therefore a |
11 | transient, the Internet website shall contain information |
12 | about the transient's temporary habitat or other temporary |
13 | place of abode or dwelling, including a homeless shelter or |
14 | park. In addition, the Internet website shall contain a list |
15 | of places the transient eats, frequents and engages in |
16 | leisure activities. |
17 | (4) Street address, city, county and zip code of any |
18 | location at which an individual convicted of a sexually |
19 | violent offense, a sexually violent predator or a sexually |
20 | violent delinquent child is enrolled as a student. |
21 | (5) Street address, city, county and zip code of a fixed |
22 | location where an individual convicted of a sexually violent |
23 | offense, a sexually violent predator or a sexually violent |
24 | delinquent child is employed. If an individual convicted of a |
25 | sexually violent offense, a sexually violent predator or a |
26 | sexually violent delinquent child is not employed at a fixed |
27 | address, the information shall include general travel routes |
28 | and general areas of work. |
29 | (6) Current photograph of an individual convicted of a |
30 | sexually violent offense, a sexually violent predator or a |
|
1 | sexually violent delinquent child. |
2 | (7) Physical description of an individual convicted of a |
3 | sexually violent offense, a sexually violent predator or a |
4 | sexually violent delinquent child. |
5 | (8) License plate number and a description of a vehicle |
6 | owned or operated by an individual convicted of a sexually |
7 | violent offense, a sexually violent predator or a sexually |
8 | violent delinquent child. |
9 | (9) The sexually violent offense for which an individual |
10 | convicted of a sexually violent offense, a sexually violent |
11 | predator or a sexually violent delinquent child is registered |
12 | under this subchapter. |
13 | (10) A statement whether an individual convicted of a |
14 | sexually violent offense, a sexually violent predator or a |
15 | sexually violent delinquent child is in compliance with |
16 | registration. |
17 | (11) A statement whether the victim is a minor. |
18 | (c) Prohibited information.--The public Internet website |
19 | established under this section shall not contain: |
20 | (1) The identity of any victim. |
21 | (2) The Social Security number of an individual |
22 | convicted of a sexually violent offense, a sexually violent |
23 | predator or a sexually violent delinquent child. |
24 | (3) Any information relating to arrests of an individual |
25 | convicted of a sexually violent offense, a sexually violent |
26 | predator or a sexually violent delinquent child that did not |
27 | result in conviction. |
28 | (4) Travel and immigration document numbers. |
29 | (d) (Reserved). |
30 | (e) Duration of posting.--The information listed in |
|
1 | subsection (b) shall be made available on the Internet website |
2 | unless: |
3 | (1) An individual convicted of a sexually violent |
4 | offense and who is required to register for a period of 15 |
5 | years is granted relief under section 9799.17 (relating to |
6 | reduction of period of registration). |
7 | (2) An individual convicted of a sexually violent |
8 | offense, a sexually violent predator or a sexually violent |
9 | delinquent child is deceased, in which case the Internet |
10 | website shall contain a notice of the death. |
11 | (3) An individual convicted of a sexually violent |
12 | offense, a sexually violent predator or a sexually violent |
13 | delinquent child has terminated residence, has terminated |
14 | employment or has terminated enrollment as a student within |
15 | this Commonwealth, in which case the Internet website shall |
16 | contain a notice indicating such information. |
17 | § 9799.29. Administration. |
18 | The Governor shall direct the Pennsylvania State Police, the |
19 | Pennsylvania Board of Probation and Parole, the board, the |
20 | Department of Corrections, the Department of Transportation and |
21 | any other agency of the Commonwealth that the Governor deems |
22 | necessary to collaboratively design, develop and implement an |
23 | integrated and secure system of communication, storage and |
24 | retrieval of information to assure the timely, accurate and |
25 | efficient administration of this subchapter. |
26 | § 9799.30. Global positioning system technology. |
27 | The Pennsylvania Board of Probation and Parole and county |
28 | probation authorities may impose supervision conditions that |
29 | include tracking through global positioning system technology. |
30 | § 9799.31. Immunity for good faith conduct. |
|
1 | The following entities shall be immune from liability for |
2 | good faith conduct under this subchapter: |
3 | (1) Agents and employees of the Pennsylvania State |
4 | Police and local law enforcement agencies. |
5 | (2) District attorneys and their agents and employees. |
6 | (3) Superintendents, administrators, teachers, employees |
7 | and volunteers engaged in the supervision of children of any |
8 | public, private or parochial school. |
9 | (4) Directors and employees of county children and youth |
10 | agencies. |
11 | (5) Presidents or similar officers of universities and |
12 | colleges, including community colleges. |
13 | (6) The Pennsylvania Board of Probation and Parole and |
14 | its agents and employees. |
15 | (7) County probation and parole offices and their agents |
16 | and employees. |
17 | (8) Licensees of certified day-care centers and |
18 | directors of licensed preschool programs and owners and |
19 | operators of registered family day-care homes and their |
20 | agents and employees. |
21 | (9) The Department of Corrections and its agents and |
22 | employees. |
23 | (10) County correctional facilities and their agents and |
24 | employees. |
25 | (11) The board and its members, agents and employees. |
26 | (12) Juvenile probation offices and their agents and |
27 | employees. |
28 | (13) The Department of Public Welfare and its agents and |
29 | employees. |
30 | (14) Institutions or facilities set forth in section |
|
1 | 6352(a)(3) (relating to disposition of delinquent child) and |
2 | their agents and employees. |
3 | (15) The unit owners' association of a common interest |
4 | community and its agents and employees as it relates to |
5 | distributing information regarding section 9799.27(b)(1) |
6 | (relating to other notification). |
7 | § 9799.32. Pennsylvania State Police. |
8 | The Pennsylvania State Police have the following duties: |
9 | (1) To create and maintain the Statewide registry of |
10 | sexual offenders in conformity with the provisions of this |
11 | subchapter. |
12 | (2) In consultation with the Department of Corrections, |
13 | the Office of Attorney General, the Juvenile Court Judges' |
14 | Commission, the Administrative Office of Pennsylvania Courts, |
15 | the Pennsylvania Board of Probation and Parole and the |
16 | chairman and minority chairman of the Judiciary Committee of |
17 | the Senate and the chairman and minority chairman of the |
18 | Judiciary Committee of the House of Representatives, to |
19 | promulgate guidelines necessary for the general |
20 | administration of this subchapter. These guidelines shall |
21 | establish procedures to allow an individual subject to the |
22 | requirements of this subchapter, including a transient, to |
23 | fulfill these requirements at approved registration sites |
24 | throughout this Commonwealth. The Pennsylvania State Police |
25 | shall publish a list of approved registration sites in the |
26 | Pennsylvania Bulletin and provide a list of approved |
27 | registration sites in any notice sent to individuals required |
28 | to register under this subchapter. An approved registration |
29 | site shall be capable of submitting fingerprints, palm |
30 | prints, DNA samples and any other information required |
|
1 | electronically to the Pennsylvania State Police. The |
2 | Pennsylvania State Police shall require that approved |
3 | registration sites submit fingerprints utilizing the |
4 | Integrated Automated Fingerprint Identification System or in |
5 | another manner and in such form as the Pennsylvania State |
6 | Police shall require. Approved registration sites shall not |
7 | be limited to sites managed by the Pennsylvania State Police |
8 | and shall include sites managed by local law enforcement |
9 | agencies that meet the criteria for approved registration |
10 | sites set forth in this paragraph. |
11 | (3) To write regulations regarding neighbor notification |
12 | under section 9799.27(b)(1) (relating to other notification). |
13 | (4) Within three business days, to transfer information |
14 | as set forth in section 9799.18 (relating to information |
15 | sharing). |
16 | (5) To enforce the provisions of this subchapter as set |
17 | forth in section 9799.22 (relating to enforcement). |
18 | (6) To facilitate verification of information from |
19 | individuals required to register under this subchapter as |
20 | provided in section 9799.25 (relating to verification by |
21 | sexual offenders and Pennsylvania State Police). |
22 | (7) In consultation with the Department of Education and |
23 | the Pennsylvania Board of Probation and Parole, to promulgate |
24 | guidelines directing licensed day-care centers, licensed |
25 | preschool programs, schools, universities and colleges, |
26 | including community colleges, on the proper use and |
27 | administration of information received under section 9799.27. |
28 | (8) In consultation with the Department of Corrections |
29 | and the Pennsylvania Board of Probation and Parole, to |
30 | promulgate guidelines directing State and county correctional |
|
1 | facilities and State and county probation and parole offices |
2 | regarding the completion of information, including the taking |
3 | of photographs, required by sexual offenders under this |
4 | subchapter. |
5 | (9) In consultation with the Administrative Office of |
6 | Pennsylvania Courts, the Department of Public Welfare and the |
7 | Juvenile Court Judges' Commission, to promulgate guidelines |
8 | regarding the completion of information required by juvenile |
9 | offenders and sexually violent delinquent children under this |
10 | subchapter. |
11 | § 9799.33. Duties of probation and parole officials. |
12 | (a) Duties.--The Pennsylvania Board of Probation and Parole, |
13 | the county office of probation and parole and the chief juvenile |
14 | probation officer of the court shall: |
15 | (1) Perform their respective duties set forth for the |
16 | Pennsylvania Board of Probation and Parole, the county office |
17 | of probation and parole and the chief juvenile probation |
18 | officer of the court in accordance with section 9799.19 |
19 | (relating to initial registration). |
20 | (2) On a form prescribed by the Pennsylvania State |
21 | Police, notify the Pennsylvania State Police each time a |
22 | sexual offender is arrested, recommitted to a State or county |
23 | correctional institution for a parole violation or |
24 | incarcerated. |
25 | (b) Notification form.--The Pennsylvania Board of Probation |
26 | and Parole shall create a notification form which will inform |
27 | State and county prison and probation and parole personnel how |
28 | to inform sexual offenders of their duties under this |
29 | subchapter. In addition, the Pennsylvania Board of Probation and |
30 | Parole shall apply for Federal funding as provided in the Adam |
|
1 | Walsh Child Protection and Safety Act of 2006 (Public Law |
2 | 109-248, 120 Stat. 597) to support and enhance programming using |
3 | global satellite positioning system technology. |
4 | § 9799.34. Duties of facilities housing sexual offenders. |
5 | The Department of Corrections, a county correctional |
6 | facility, an institution or facility set forth in section |
7 | 6352(a)(3) (relating to disposition of delinquent child) and the |
8 | separate, State-owned facility or unit established under Chapter |
9 | 64 (relating to court-ordered involuntary treatment of certain |
10 | sexually violent persons), shall have the following duties: |
11 | (1) To perform their respective duties in accordance |
12 | with section 9799.19 (relating to initial registration). This |
13 | paragraph includes taking a current photograph of the |
14 | individual required to register under this subchapter before |
15 | the individual is released from confinement or commitment or |
16 | is discharged. |
17 | (2) On a form prescribed by the Pennsylvania State |
18 | Police, to notify the Pennsylvania State Police each time a |
19 | sexual offender is incarcerated, committed or released, |
20 | including supervised release or transfer to another |
21 | correctional institution or facility or institution, in the |
22 | case of a juvenile offender or sexually violent delinquent |
23 | child. This paragraph shall include a community corrections |
24 | center or community contract facility. |
25 | (3) To assist sexual offenders registering under this |
26 | subchapter. |
27 | § 9799.35. Board. |
28 | (a) Composition.--The board shall be composed of |
29 | psychiatrists, psychologists and criminal justice experts, each |
30 | of whom is an expert in the field of the behavior and treatment |
|
1 | of sexual offenders. |
2 | (b) Appointment.--The Governor shall appoint the board |
3 | members. |
4 | (c) Term of office.--Members of the board shall serve four- |
5 | year terms. |
6 | (d) Compensation.--The members of the board shall be |
7 | compensated at a rate of $350 per assessment and receive |
8 | reimbursement for their actual and necessary expenses while |
9 | performing the business of the board. The chairman shall receive |
10 | $500 additional compensation annually. |
11 | (e) Staff.--Support staff for the board shall be provided by |
12 | the Pennsylvania Board of Probation and Parole. |
13 | § 9799.36. Counseling of sexually violent predators. |
14 | (a) General rule.--A sexually violent predator shall be |
15 | required to attend at least monthly counseling sessions in a |
16 | program approved by the board and be financially responsible for |
17 | all fees assessed from the counseling sessions. The board shall |
18 | monitor the compliance of the sexually violent predator. If the |
19 | sexually violent predator can prove to the satisfaction of the |
20 | court that the sexually violent predator cannot afford to pay |
21 | for the counseling sessions, the sexually violent predator shall |
22 | nonetheless attend the counseling sessions, and the parole |
23 | office shall pay the requisite fees. |
24 | (b) Designation in another jurisdiction.--If an individual |
25 | required to register under this subchapter has been designated |
26 | as a sexually violent predator in another jurisdiction and was |
27 | required to undergo counseling, the individual shall be subject |
28 | to the provisions of this section. |
29 | (c) Penalty.--A sexually violent predator who knowingly |
30 | fails to attend counseling sessions as provided in this section |
|
1 | may be subject to prosecution under 18 Pa.C.S. § 4915.1 |
2 | (relating to failure to comply with registration of sexual |
3 | offenders requirements). |
4 | § 9799.37. Exemption from notification for certain licensees |
5 | and their employees. |
6 | Nothing in this subchapter shall be construed as imposing a |
7 | duty upon a person licensed under the act of February 19, 1980 |
8 | (P.L.15, No.9), known as the Real Estate Licensing and |
9 | Registration Act, or an employee of the person, to disclose any |
10 | information regarding an individual required to be included in |
11 | the registry pursuant to this subchapter. |
12 | § 9799.38. Annual performance audit. |
13 | (a) Duties of the Attorney General.--The Attorney General |
14 | has the following duties: |
15 | (1) To conduct a performance audit annually to determine |
16 | compliance with the requirements of this subchapter and any |
17 | guidelines promulgated under this subchapter. The audit |
18 | shall, at a minimum, include a review of the practices, |
19 | procedures and records of the Pennsylvania State Police, the |
20 | Pennsylvania Board of Probation and Parole, the Department of |
21 | Corrections, the board, the Administrative Office of |
22 | Pennsylvania Courts and any other State or local agency the |
23 | Attorney General deems necessary in order to conduct a |
24 | thorough and accurate performance audit. |
25 | (2) To prepare an annual report of its findings and any |
26 | action that it recommends be taken by the Pennsylvania State |
27 | Police, the Pennsylvania Board of Probation and Parole, the |
28 | Department of Corrections, the board, the Administrative |
29 | Office of Pennsylvania Courts, other State or local agencies |
30 | and the General Assembly to ensure compliance with this |
|
1 | subchapter. The first report shall be released to the general |
2 | public no fewer than 18 months following the effective date |
3 | of this section. |
4 | (3) To provide a copy of its report to the Pennsylvania |
5 | State Police, the Pennsylvania Board of Probation and Parole, |
6 | the Department of Corrections, the board, the Administrative |
7 | Office of Pennsylvania Courts, State or local agencies |
8 | referenced in the report, the chairman and the minority |
9 | chairman of the Judiciary Committee of the Senate and the |
10 | chairman and the minority chairman of the Judiciary Committee |
11 | of the House of Representatives no fewer than 30 days prior |
12 | to its release to the general public. |
13 | (b) Cooperation required.--Notwithstanding any other |
14 | provision of law to the contrary, the Pennsylvania State Police, |
15 | the Pennsylvania Board of Probation and Parole, the Department |
16 | of Corrections, the board, the Administrative Office of |
17 | Pennsylvania Courts, the Pennsylvania Commission on Sentencing |
18 | and any other State or local agency requested to do so shall |
19 | fully cooperate with the Attorney General and assist the Office |
20 | of Attorney General in satisfying the requirements of this |
21 | section. For purposes of this subsection, full cooperation shall |
22 | include, at a minimum, complete access to unredacted records, |
23 | files, reports and data systems. |
24 | § 9799.39. Photographs and fingerprinting. |
25 | An individual subject to registration shall submit to |
26 | fingerprinting and photographing as required by this subchapter. |
27 | Fingerprinting as required by this subchapter shall, at a |
28 | minimum, require submission of a full set of fingerprints and |
29 | palm prints. Photographing as required by this subchapter shall, |
30 | at a minimum, require submission to photographs of the face and |
|
1 | any scars, marks, tattoos or other unique features of the |
2 | individual. Fingerprints and photographs obtained under this |
3 | subchapter may be maintained for use under this subchapter and |
4 | for general law enforcement purposes. |
5 | § 9799.40. Duties of Pennsylvania Commission on Sentencing. |
6 | The Pennsylvania Commission on Sentencing shall establish |
7 | procedures to enable courts to classify sexual offenders as |
8 | provided in section 9799.23 (relating to court notification and |
9 | classification requirements). |
10 | § 9799.41. Expiration. |
11 | The following provisions shall expire one year after the |
12 | effective date of this section: |
13 | Section 9718.3 (relating to sentence for failure to |
14 | comply with registration of sexual offenders). |
15 | Section 9791 (relating to legislative findings and |
16 | declaration of policy). |
17 | Section 9792 (relating to definitions). |
18 | Section 9795.1 (relating to registration). |
19 | Section 9795.2 (relating to registration procedures and |
20 | applicability). |
21 | Section 9795.3 (relating to sentencing court |
22 | information). |
23 | Section 9795.4 (relating to assessments). |
24 | Section 9795.5 (relating to exemption from certain |
25 | notifications). |
26 | Section 9796 (relating to verification of registration |
27 | information). |
28 | Section 9797 (relating to victim notification). |
29 | Section 9798 (relating to other notification). |
30 | Section 9798.1 (relating to information made available on |
|
1 | the Internet). |
2 | Section 9798.2 (relating to administration). |
3 | Section 9798.3 (relating to global positioning system |
4 | technology). |
5 | Section 9799 (relating to immunity for good faith |
6 | conduct). |
7 | Section 9799.1 (relating to duties of Pennsylvania State |
8 | Police). |
9 | Section 9799.2 (relating to duties of Pennsylvania Board |
10 | of Probation and Parole. |
11 | Section 9799.3 (relating to board). |
12 | Section 9799.4 (relating to counseling of sexually |
13 | violent predators). |
14 | Section 9799.7 (relating to exemption from notification |
15 | for certain licensees and their employees). |
16 | Section 9799.8 (relating to annual performance audit). |
17 | Section 9799.9 (relating to photographs and |
18 | fingerprinting). |
19 | Section 13. The definition of "other specified offense" in |
20 | section 2303 of Title 44 is amended to read: |
21 | § 2303. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | * * * |
26 | "Other specified offense." Any of the following: |
27 | (1) A felony offense [or an]. |
28 | (2) An offense under 18 Pa.C.S. § 2910 (relating to |
29 | luring a child into a motor vehicle or structure) or 3126 |
30 | (relating to indecent assault) or an attempt to commit such |
|
1 | an offense. |
2 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
3 | (relating to registration of sexual offenders). |
4 | * * * |
5 | Section 14. Paragraph (4) of the definition of "eligible |
6 | offender" in section 4503 of Title 61 is amended to read: |
7 | § 4503. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | * * * |
12 | "Eligible offender." A defendant or inmate convicted of a |
13 | criminal offense who will be committed to the custody of the |
14 | department and who meets all of the following eligibility |
15 | requirements: |
16 | * * * |
17 | (4) Has not been found guilty or previously convicted or |
18 | adjudicated delinquent for violating any of the following |
19 | provisions or an equivalent offense under the laws of the |
20 | United States or one of its territories or possessions, |
21 | another state, the District of Columbia, the Commonwealth of |
22 | Puerto Rico or a foreign nation: |
23 | 18 Pa.C.S. § 4302 (relating to incest). |
24 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
25 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
26 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
27 | minor). |
28 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
29 | children). |
30 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child |
|
1 | pornography). |
2 | Received a criminal sentence pursuant to 42 Pa.C.S. |
3 | § 9712.1 (relating to sentences for certain drug offenses |
4 | committed with firearms). |
5 | Any sexually violent offense [listed under 42 Pa.C.S. |
6 | § 9795.1 (relating to registration)], as defined in 42 |
7 | Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual |
8 | offenders). |
9 | * * * |
10 | Section 15. Section 6137(a)(3.1)(ii) of Title 61 is amended |
11 | to read: |
12 | § 6137. Parole power. |
13 | (a) General criteria for parole.-- |
14 | * * * |
15 | (3.1) * * * |
16 | (ii) This paragraph shall not apply to offenders who |
17 | are currently serving a term of imprisonment for a crime |
18 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
19 | sentences for second and subsequent offenses) or for a |
20 | crime requiring registration under 42 Pa.C.S. [§ 9795.1 |
21 | (relating to registration)] Ch. 97 Subch. H (relating to |
22 | registration of sexual offenders). |
23 | * * * |
24 | Section 16. Any reference in any act or part of an act to 42 |
25 | Pa.C.S. § 9795.1 shall be deemed a reference to 42 Pa.C.S. |
26 | § 9799.15 as if fully set forth in that act or part of that act. |
27 | Section 17. This act shall apply as follows: |
28 | (1) The addition of 42 Pa.C.S. § 9799.28(b)(11) shall |
29 | apply to persons convicted after November 30, 2006, of an |
30 | offense which required registration under former 42 Pa.C.S. § |
|
1 | 9795.1 and to persons required to register under 42 Pa.C.S. |
2 | Ch. 97 Subch. H on or after the effective date of this |
3 | section. |
4 | (2) All individuals required to register under 42 |
5 | Pa.C.S. Ch. 97 Subch. H on or after the effective date of |
6 | this paragraph. |
7 | (3) All individuals required to register under 42 |
8 | Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to |
9 | the effective date of this paragraph and whose registration |
10 | has not expired prior to the effective date of this |
11 | paragraph. |
12 | Section 18. This act shall take effect as follows: |
13 | (1) The following provisions shall take effect |
14 | immediately: |
15 | (i) This section. |
16 | (ii) The addition of 18 Pa.C.S. § 4915(g). |
17 | (iii) The amendment of 42 Pa.C.S. § 9791. |
18 | (iv) The amendment of 42 Pa.C.S. § 9795.1(a) and |
19 | (b). |
20 | (v) The amendment of 42 Pa.C.S. § 9798.1(a) and |
21 | (b)(7). |
22 | (vi) The amendment of 42 Pa.C.S. § 9799.1(2). |
23 | (vii) The addition of 42 Pa.C.S. § 9799.41. |
24 | (2) The following provisions shall take effect in one |
25 | year: |
26 | (i) The amendment of 18 Pa.C.S. § 3130(a) |
27 | introductory paragraph and (1) and (b). |
28 | (ii) The amendment of 18 Pa.C.S. § 3141. |
29 | (iii) The addition of 18 Pa.C.S. § 4915.1. |
30 | (iv) The amendment of 23 Pa.C.S. § 6707(2)(ii). |
|
1 | (v) The amendment of 42 Pa.C.S. § 6358(a) and (b). |
2 | (vi) The amendment of 42 Pa.C.S. § 6403(a)(2), (b) |
3 | (3) and (d). |
4 | (vii) The amendment of 42 Pa.C.S. § 6404. |
5 | (viii) The addition of 42 Pa.C.S. § 6404.1. |
6 | (ix) The addition of 42 Pa.C.S. § 6404.2. |
7 | (x) The amendment of 42 Pa.C.S. § 6406(a). |
8 | (xi) The amendment of 42 Pa.C.S. § 6409. |
9 | (xii) The amendment of 42 Pa.C.S. § 9718.1(a) |
10 | introductory paragraph and (b)(2). |
11 | (xiii) The amendment of 42 Pa.C.S. § 9718.2(a) and |
12 | (d). |
13 | (xiv) The addition of 42 Pa.C.S. § 9718.4 |
14 | (xv) The addition of 42 Pa.C.S. § 9799.10. |
15 | (xvi) The addition of 42 Pa.C.S. § 9799.11. |
16 | (xvii) The addition of 42 Pa.C.S. § 9799.12. |
17 | (xviii) The addition of 42 Pa.C.S. § 9799.13. |
18 | (xix) The addition of 42 Pa.C.S. § 9799.14. |
19 | (xx) The addition of 42 Pa.C.S. § 9799.15. |
20 | (xxi) The addition of 42 Pa.C.S. § 9799.16. |
21 | (xxii) The addition of 42 Pa.C.S. § 9799.17. |
22 | (xxiii) The addition of 42 Pa.C.S. § 9799.18. |
23 | (xxiv) The addition of 42 Pa.C.S. § 9799.19. |
24 | (xxv) The addition of 42 Pa.C.S. § 9799.20. |
25 | (xxvi) The addition of 42 Pa.C.S. § 9799.21. |
26 | (xxvii) The addition of 42 Pa.C.S. § 9799.22. |
27 | (xxviii) The addition of 42 Pa.C.S. § 9799.23. |
28 | (xxix) The addition of 42 Pa.C.S. § 9799.24. |
29 | (xxx) The addition of 42 Pa.C.S. § 9799.25. |
30 | (xxxi) The addition of 42 Pa.C.S. § 9799.26. |
|
1 | (xxxii) The addition of 42 Pa.C.S. § 9799.27. |
2 | (xxiii) The addition of 42 Pa.C.S. § 9799.28. |
3 | (xxxiv) The addition of 42 Pa.C.S. § 9799.29. |
4 | (xxxv) The addition of 42 Pa.C.S. § 9799.30. |
5 | (xxxvi) The addition of 42 Pa.C.S. § 9799.31. |
6 | (xxxvii) The addition of 42 Pa.C.S. § 9799.32. |
7 | (xxxviii) The addition of 42 Pa.C.S. § 9799.33. |
8 | (xxxix) The addition of 42 Pa.C.S. § 9799.34. |
9 | (xl) The addition of 42 Pa.C.S. § 9799.35. |
10 | (xli) The addition of 42 Pa.C.S. § 9799.36. |
11 | (xlii) The addition of 42 Pa.C.S. § 9799.37. |
12 | (xliii) The addition of 42 Pa.C.S. § 9799.38. |
13 | (xliv) The addition of 42 Pa.C.S. § 9799.39. |
14 | (xlv) The addition of 42 Pa.C.S. § 9799.40. |
15 | (xlvi) The amendment of the definition of "other |
16 | specified offense" in 44 Pa.C.S. § 2303. |
17 | (xlvii) The amendment of paragraph (4) of the |
18 | definition of "eligible offender" in 44 Pa.C.S. § 4503. |
19 | (xlviii) The amendment of 61 Pa.C.S. § 6137(a)(3.1) |
20 | (ii). |
21 | (xlix) The amendment of 61 Pa.C.S. § 6137(a)(3.1) |
22 | (ii). |
23 | (l) Section 16 of this act. |
24 | (li) Section 17 of this act. |
25 | (3) The remainder of this act shall take effect in 60 |
26 | days. |
|