PRINTER'S NO. 328
No. 325 Session of 1995
INTRODUCED BY MAITLAND, GEIST, McCALL, SATHER, SCHULER, WOGAN, PITTS, TIGUE, CAWLEY, PLATTS, WOZNIAK, DEMPSEY, STABACK, McGEEHAN, HERMAN, TRELLO, STISH, CIVERA, ROBERTS, READSHAW, WAUGH, BELFANTI, BARLEY, LaGROTTA, MELIO, RAYMOND, LAUGHLIN, BLAUM, YOUNGBLOOD AND EGOLF, JANUARY 26, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 1995
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for the establishment of a 3 Sex Offender Registry within the Criminal History Record 4 Information Act; requiring the registration of certain sex 5 offenders; imposing additional powers and duties on the 6 Pennsylvania State Police and the Department of Corrections; 7 providing for the dissemination of information within the Sex 8 Offender Registry; and imposing penalties. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Title 18 of the Pennsylvania Consolidated 12 Statutes is amended by adding a section read: 13 § 9126. Sex Offender Registry. 14 (a) Establishment.--The Pennsylvania State Police shall, 15 from information in the central repository and from 16 registrations submitted under this section, establish, 17 administer, update and maintain a special registry to be known 18 as the Sex Offender Registry. The purpose of this registry is to 19 provide accurate and current information on convicted sex
1 offenders and to provide that information to entities involved 2 with the care of children. 3 (b) Registration.-- 4 (1) A sex offender shall register with each local law 5 enforcement authority having jurisdiction in the municipality 6 where the sex offender resides or intends to reside for more 7 than seven days. The sex offender shall register not more 8 than seven days after the sex offender arrives at the 9 municipality where the sex offender resides or intends to 10 reside. The duty to register under this subsection shall 11 continue for a period of five years following discharge from 12 parole or termination of probation. 13 (2) The registration required under this subsection must 14 include the following information: 15 (i) The sex offender's full name, alias, date of 16 birth, sex, race, height, weight, eye color, Social 17 Security number, driver's license number and home 18 address. 19 (ii) A description of the offense for which the sex 20 offender was convicted, the date of conviction and the 21 sentence imposed, if applicable. 22 (iii) Any other information required by the 23 Pennsylvania State Police. 24 (3) (i) If a sex offender who is required to register 25 under this subsection changes address, the sex offender 26 shall provide written notice not more than seven days 27 after the address change to the local law enforcement 28 authority with whom the sex offender last registered. 29 (ii) If the sex offender moves to a new municipality 30 the local law enforcement authority referred to in 19950H0325B0328 - 2 -
1 subparagraph (i) shall inform the appropriate local law 2 enforcement authority in the new municipality of the sex 3 offender's residence. 4 (4) Information provided to a local law enforcement 5 authority shall be immediately transmitted to the central 6 repository. 7 (c) Correctional facility responsibility.--At least 30 days 8 but not more than 90 days before a sex offender who is required 9 to register under this section is scheduled to be released from 10 a correctional facility, an official of the correction facility 11 shall do the following: 12 (1) Inform the sex offender of the sex offender's duty 13 to register and require the sex offender to sign a written 14 statement that the sex offender was informed or, if the sex 15 offender refuses to sign the statement, certify that the sex 16 offender was informed of the duty to register. 17 (2) Obtain the address where the sex offender expects to 18 reside after the sex offender's release. 19 (3) Inform the applicable local law enforcement 20 authority having jurisdiction in the area where the sex 21 offender expects to reside of the sex offender's name, 22 release date, new address and the offense committed by the 23 sex offender. 24 (d) Updating.--The Sex Offender Registry shall be updated at 25 least one time every six months. 26 (e) Availability.--The Pennsylvania State Police shall make 27 the Sex Offender Registry available on a computer disk. Each 28 time the registry is updated, the Pennsylvania State Police 29 shall send one paper copy of the registry to: 30 (1) All public schools. 19950H0325B0328 - 3 -
1 (2) All nonpublic schools. 2 (3) Each State agency that licenses individuals who work 3 with children. 4 (4) Each State personnel department which screens 5 individuals who may be hired to work with children. 6 (5) All child-care facilities licensed by or registered 7 in this Commonwealth. 8 (6) Other entities that provide services to children and 9 request the registry. 10 (7) The Pennsylvania Coalition Against Rape. 11 A copy of the Sex Offender Registry provided to an entity under 12 paragraph (5) or (6) must not include the home address of a sex 13 offender whose name appears in the registry. 14 (f) Liability warning.--When the Pennsylvania State Police 15 send a copy of the registry to an entity under this section, the 16 Pennsylvania State Police shall include a notice using the 17 following or similar language: "A person whose name appears on 18 this registry has been convicted of a sex offense against a 19 child. Continuing to employ a person whose name appears on this 20 registry may result in civil liability for the employer." 21 (g) Violation.--A sex offender who fails to register as 22 required by this section commits a misdemeanor of the first 23 degree. 24 (h) Definitions.--As used in this section, the following 25 words and phrases shall have the meanings given to them in this 26 subsection: 27 "Correctional facility." The facilities of the Department of 28 Corrections and any county or regional facility which holds any 29 sex offenders. 30 "Local law enforcement authority." The chief of the police 19950H0325B0328 - 4 -
1 department of a municipality or in the absence of such police 2 department the Pennsylvania State Police. 3 "Municipality." Any city, borough, incorporated town or 4 township. 5 "Registry." The Sex Offender Registry established under this 6 section. 7 "Sex offender." Any person who is convicted of, pleads 8 guilty to or enters a plea of nolo contendere to any of the 9 following offenses: 10 Section 3121 (relating to rape). 11 Section 3122 (relating to statutory rape). 12 Section 3123 (relating to involuntary deviate sexual 13 intercourse). 14 Section 3124 (relating to voluntary deviate sexual 15 intercourse). 16 Section 3125 (relating to aggravated indecent assault). 17 Section 3126 (relating indecent assault). 18 Section 3127 (relating to indecent exposure). 19 Section 3128 (relating to spousal sexual assault). 20 Section 4303 (relating to concealing death of child born out 21 of wedlock). 22 Section 4304 (relating to endangering welfare of children). 23 Section 4305 (relating to dealing in infant children). 24 A felony offense under section 5902(b) (relating to 25 prostitution and related offenses). 26 Section 5903(c) or (d) (relating to obscene and other sexual 27 materials and performances). 28 Section 6301 (relating to corruption of minors). 29 Section 6312 (relating to sexual abuse of children). 30 A Federal or out-of-State offense similar in nature to those 19950H0325B0328 - 5 -
1 crimes listed in this definition.
2 Section 2. This act shall take effect in six months.
L20L18RZ/19950H0325B0328 - 6 -