AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in registration of sex
3offenders, further providing for legislative findings and 
4declaration of policy, for definitions, for applicability, 
5for sexual offenses and tier system, for period of 
6registration and for assessments.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 9799.11(b) of Title 42 of the
10Pennsylvania Consolidated Statutes is amended to read:

11§ 9799.11. Legislative findings and declaration of policy.

12* * *

13(b) Declaration of policy.--The General Assembly declares as
14follows:

15(1) It is the intention of the General Assembly to
16substantially comply with the Adam Walsh Child Protection and
17Safety Act of 2006 and to further protect the safety and
18general welfare of the citizens of this Commonwealth by
19providing for increased regulation of sexual offenders,
20specifically as that regulation relates to registration of

1sexual offenders and community notification about sexual
2offenders.

3(2) It is the policy of the Commonwealth to require the
4exchange of relevant information about sexual offenders among
5public agencies and officials and to authorize the release of
6necessary and relevant information about sexual offenders to
7members of the general public as a means of assuring public
8protection and shall not be construed as punitive.

9(3) It is the intention of the General Assembly to
10address the Pennsylvania Supreme Court's decision in
11Commonwealth v. Neiman, No.74 MAP 2011 (Pa.2013), by amending
12this subchapter in the act of (in preparing this act for
13printing in the Laws of Pennsylvania and the Pennsylvania
14Consolidated Statutes, the Legislative Reference Bureau shall
15insert in lieu of this statement the date which is the date
16of enactment, pamphlet law page number and act number of this
17amendatory act).

18Section 2. The definition of "sexually violent predator" in
19section 9799.12 of Title 42 is amended to read:

20§ 9799.12. Definitions.

21The following words and phrases when used in this subchapter
22shall have the meanings given to them in this section unless the
23context clearly indicates otherwise:

24* * *

25"Sexually violent predator." An individual determined to be 
26a sexually violent predator under section 9795.4 (relating to 
27assessments) prior to the effective date of this subchapter or 
28an individual convicted of an offense specified in:

29(1) section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
30(9) or (10) (relating to sexual offenses and tier system) or

1an attempt, conspiracy or solicitation to commit any offense
2under section 9799.14(b)(1), (2), (3), (4), (5), (6), (8),
3(9) or (10);

4(2) section 9799.14(c)(1), (1.1), (1.2), (2), (3), (4),
5(5) or (6) or an attempt, conspiracy or solicitation to
6commit an offense under section 9799.14(c)(1), (1.1), (1.2),
7(2), (3), (4), (5) or (6); or

8(3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7),
9(8) or (9) or an attempt, conspiracy or solicitation to
10commit an offense under section 9799.14(d)(1), (2), (3), (4),
11(5), (6), (7), (8) or (9)

12who, on or after the effective date of this subchapter, is
13determined to be a sexually violent predator under section
149799.24 (relating to assessments) due to a mental abnormality or
15personality disorder that makes the individual likely to engage
16in predatory sexually violent offenses. The term includes an
17individual determined to be a sexually violent predator or
18similar designation where the determination occurred in another
19jurisdiction, a foreign country or by court martial following a
20judicial or administrative determination pursuant to a process
21similar to that under section 9799.24. In addition, the term 
22shall include any person convicted between January 23, 2005, and 
23December 19, 2012, of any offense set forth in section 
249799.13(3.1) (relating to applicability) determined by a court 
25to be a sexually violent predator due to a mental abnormality or 
26personality disorder that made the person likely to engage in 
27predatory sexually violent offenses, which person shall be 
28deemed a sexually violent predator under this subchapter.

29* * *

30Section 3. Section 9799.13(3) of Title 42 is amended and the

1section is amended by adding paragraphs to read:

2§ 9799.13. Applicability.

3The following individuals shall register with the
4Pennsylvania State Police as provided in sections 9799.15
5(relating to period of registration), 9799.19 (relating to
6initial registration) and 9799.25 (relating to verification by
7sexual offenders and Pennsylvania State Police) and otherwise
8comply with the provisions of this subchapter:

9* * *

10(3) [An individual who is required to register or was 
11required to register and failed to register with the
12Pennsylvania State Police under this subchapter prior to the
13effective date of this section and who has not fulfilled the
14period of registration as of the effective date of this
15section.] An individual who:

16(i) was required to register with the Pennsylvania
17State Police pursuant to this subchapter prior to
18December 20, 2012, and who had not fulfilled the
19individual's period of registration as of December 20,
202012; or

21(ii) was required to register with the Pennsylvania
22State Police pursuant to this subchapter prior to
23December 20, 2012, and did not register.

24(3.1) The following:

25(i) An individual who between January 23, 2005, and
26December 19, 2012, was:

27(A) convicted of a sexually violent offense;

28(B) released from a period of incarceration
29resulting from a conviction for a sexually violent
30offense; or

1(C) under the supervision of the Pennsylvania
2Board of Probation and Parole or county probation or
3parole as a result of a conviction for a sexually
4violent offense.

5(ii) For purposes of this paragraph, the term
6"sexually violent offense" shall have the meaning set
7forth in section 9799.12 (relating to definitions),
8except that it shall not include:

9(A) Convictions:

10(I) Under the following provisions of 18
11Pa.C.S. (relating to crimes and offenses):

12Section 2902(b) (relating to unlawful
13restraint).

14Section 2903(b) (relating to false
15imprisonment).

16Section 2904 (relating to interference
17with custody of children).

18Section 3122.1 (relating to statutory
19sexual assault).

20Section 6301 (relating to corruption of
21minors).

22Section 7507.1 (relating to invasion of
23privacy).

24(II) For a comparable military offense or
25similar offense under the laws of another
26jurisdiction or foreign country or under a former
27law of this Commonwealth prior to December 8,
282008.

29(B) A conviction under 18 Pa.C.S. § 3126
30(relating to indecent assault) where the crime is

1graded as a misdemeanor of the second degree or where
2the conviction occurred between January 22, 2006, and
3January 1, 2007, when the crime is graded as a felony
4of the third degree.

5(3.2) An individual who between December 8, 2008, and
6December 19, 2012, was:

7(i) convicted of conspiracy or solicitation to
8commit a sexually violent offense as defined in
9paragraph (3.1);

10(ii) released from serving a period of incarceration
11resulting from a conviction for conspiracy or
12solicitation to commit a sexually violent offense as
13defined in paragraph (3.1); or

14(iii) under the supervision of the Pennsylvania
15Board of Probation and Parole or county probation or
16parole as a result of a conviction for conspiracy or
17solicitation to commit a sexually violent offense as
18defined in paragraph (3.1).

19* * *

20(8.2) An individual who between January 23, 2005, and
21December 19, 2012, established a residence or was a transient
22in this Commonwealth, was employed within this Commonwealth,
23or was a student in this Commonwealth, and who was required
24to register in a sexual offender registry as a result of an
25adjudication of delinquency for an offense which occurred in
26a foreign country or another jurisdiction and that required
27the individual to register in that foreign country or other
28jurisdiction.

29* * *

30Section 4. Section 9799.14(c)(18) of Title 42 is amended to

1read:

2§ 9799.14. Sexual offenses and tier system.

3* * *

4(c) Tier II sexual offenses.--The following offenses shall
5be classified as Tier II sexual offenses:

6* * *

7(18) An attempt, conspiracy or solicitation to commit an
8offense listed in paragraph (1), (1.1), (1.2), (2), (3), (4),
9(5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15),
10(16) or (17).

11* * *

12Section 5. Section 9799.15 of Title 42 is amended by adding
13a subsection to read:

14§ 9799.15. Period of registration.

15* * *

16(a.1) Credit for time on registry.--The following apply:

17(1) An individual subject to registration under this
18subchapter shall receive credit for any time registered with
19the Pennsylvania State Police prior to December 20, 2012.

20(2) An individual subject to registration under this
21subchapter shall register with the Pennsylvania State Police
22for the period of time set forth in subsection (a), except
23that:

24(i) An individual registered pursuant to section
259799.13(2), (2.1), (3), (3.1) or (3.2) for a sexually
26violent offense shall register for the period set forth
27in subsection (a), less any credit for time spent
28registered pursuant to this subchapter for that offense
29prior to December 20, 2012.

30(ii) An individual registered pursuant to section

19799.13(7), (7.1) or (7.2) for a sexually violent offense
2shall register for the period set forth in subsection
3(a), less any credit as a result of time registered in a
4sexual offender registry for that sexually violent
5offense in the foreign country or other jurisdiction
6where the individual was convicted.

7(iii) An individual registered pursuant to section
89799.13(8), (8.1) or (8.2) as a result of an adjudication
9of delinquency occurring in a foreign country or other
10jurisdiction shall register for the period set forth in
11subsection (a), less any credit as a result of time
12registered in a sexual offender registry in the foreign
13country or other jurisdiction where the individual was
14adjudicated delinquent.

15* * *

16Section 6. Section 9799.24(c) of Title 42 is amended to
17read:

18§ 9799.24. Assessments.

19* * *

20(c) Release of information.--All State, county and local
21agencies, offices and entities in this Commonwealth, including
22juvenile probation officers, shall cooperate by providing copies
23of records and information as requested by the board in
24connection with the court-ordered assessment and the assessment
25requested by the Pennsylvania Board of Probation and Parole or
26the assessment of a delinquent child under section 6358
27(relating to assessment of delinquent children by the State
28Sexual Offenders Assessment Board). For assessments of 
29delinquent children conducted by the board pursuant to section 
306358 from January 23, 2005, to December 19, 2012, all State,
 

1county and local agencies, offices and entities, including 
2juvenile probation officers, are subject to the release of 
3information requirements set forth in this subsection.

4* * *

5Section 7. The amendment or addition of the following
6provisions shall be retroactive to December 20, 2010:

7(1) The definition of "sexually violent predator" in 42 
8Pa.C.S. § 9799.12.

9(2) 42 Pa.C.S. § 9799.13(3), (3.1), (3.2) and (8.2).

10(3) 42 Pa.C.S. § 9799.14(c)(18).

11(4) 42 Pa.C.S. § 9799.15(a.1).

12(5) 42 Pa.C.S. § 9799.24(c).

13Section 8. This act shall take effect immediately.