HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 1449, 1715, 1778, 1821, 1850,

PRINTER'S NO.  1857

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1183

Session of

2011

  

  

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

  

  

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 13, 2011   

  

  

  

AN ACT

  

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

 


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

- 2 -

 


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

- 3 -

 


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.

- 4 -

 


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

- 5 -

 


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

- 6 -

 


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:

- 7 -

 


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

- 8 -

 


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

- 9 -

 


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

- 10 -

 


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

- 11 -

 


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. §

- 12 -

 


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

- 13 -

 


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;

- 14 -

 


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

- 15 -

 


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

- 16 -

 


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:

- 17 -

 


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

- 18 -

 


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,

- 19 -

 


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

- 20 -

 


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:

- 21 -

 


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.

- 22 -

 


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

- 23 -

 


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

- 24 -

 


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] 

- 25 -

 


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

- 26 -

 


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

- 27 -

 


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:

- 28 -

 


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

- 29 -

 


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:

- 30 -

 


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

- 31 -

 


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).

- 32 -

 


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

- 33 -

 


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:

- 34 -

 


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

- 35 -

 


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.

- 36 -

 


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

- 37 -

 


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

- 38 -

 


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

- 39 -

 


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:

- 40 -

 


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

- 41 -

 


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

- 42 -

 


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

- 43 -

 


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.

- 44 -

 


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

- 45 -

 


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

- 46 -

 


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

- 47 -

 


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).

- 48 -

 


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).

- 49 -

 


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

- 50 -

 


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.

- 51 -

 


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

- 52 -

 


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

- 53 -

 


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

- 54 -

 


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

- 55 -

 


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

- 56 -

 


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

- 57 -

 


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

- 58 -

 


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

- 59 -

 


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

- 60 -

 


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).

- 61 -

 


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.

- 62 -

 


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

- 63 -

 


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

- 64 -

 


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

- 65 -

 


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

- 66 -

 


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

- 67 -

 


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

- 68 -

 


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.

- 69 -

 


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

- 70 -

 


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

- 71 -

 


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

- 72 -

 


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

- 73 -

 


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:

- 74 -

 


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

- 75 -

 


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

- 76 -

 


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

- 77 -

 


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

- 78 -

 


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

- 79 -

 


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

- 80 -

 


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

- 81 -

 


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

- 82 -

 


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

- 83 -