Regular Session 2015-2016 Senate Bill 0171 P.N. 0106

PRINTER'S NO. 106

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

171

Session of

2015

INTRODUCED BY BOSCOLA, SCARNATI, WILLIAMS, FONTANA, FARNESE,

BREWSTER, TARTAGLIONE, TEPLITZ AND VULAKOVICH,

JANUARY 15, 2015

REFERRED TO JUDICIARY, JANUARY 15, 2015

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in offenses against the family,

providing for residency restrictions for certain offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4307. Residency restrictions for certain offenders.

(a) General rule.--

(1) No person who is subject to registration under 42

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

offenders) due to conviction for an offense wherein the

victim was a minor shall establish a residence or maintain a

residence or other living accommodation within 1,000 feet of

the real property on which is located any of the following:

(i) A public, private or parochial school.

(ii) A licensed preschool program.

(iii) A certified day-care center.

(iv) A registered family day-care home.

(v) A public playground recreation center.

(vi) A playground.

(2) No such person shall establish a residence or

maintain a residence or other living accommodation within 500

feet of any point at which transportation is provided to

students of any public, private or parochial school except

that provided by a fixed-route public transportation service

as defined in 74 Pa.C.S. § 1503 (relating to definitions).

(3) No such person who is subject to any order of

parole, probation or supervision may be placed by any

governmental authority in any residential setting that does

not comply with the provisions of this section.

(b) Applicability.--Nothing in this section shall require

any person subject to the provisions of this section or 42

Pa.C.S. Ch. 97 Subch. H to sell or otherwise dispose of any real

estate, home or other real property or to cancel any lease of

real property that was acquired or entered prior to the

effective date of this section. The provision of this section

shall not prohibit such a person from maintaining a residence at

a location as provided in this subsection. In order for a person

to comply with the exemption provided in this subsection, the

person is required to provide evidence of such to the court

wherein sentencing occurred and to the Pennsylvania State Police

at the time of registration and verification under 42 Pa.C.S.

Ch. 97 Subch H:

(1) For real property, a copy of a deed, security

interest or mortgage to which the person is a signatory.

(2) For purposes of a leasehold, a copy of the

applicable lease agreement to which the person is a

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signatory.

who resides in any of the following on a temporary or permanent

basis:

(1) A hospital licensed by the Commonwealth of

Pennsylvania.

(2) A nursing home or similar entity licensed by the

Commonwealth of Pennsylvania.

(3) Except as provided in subsection (a), any place

where the person is incarcerated due to a criminal charge or

conviction.

(4) Any location where a person is voluntarily or

involuntarily committed for treatment under the act of July

9, 1976 (P.L.817, No.143), known as the Mental Health

Procedures Act.

(5) A temporary lodging for consideration for a term

that is less than 15 consecutive days.

(d) Notice.--Any person subject to this section who lives

within 1,000 feet of the real property of any entity provided in

subsection (a) by operation of subsection (b) or (c) shall be

subject to the notification provisions under 42 Pa.C.S. §

9799.27 (relating to other notification).

(e) Board of school directors.--Each year, for the

forthcoming school year, the board of school directors of any

school district that provides for the transportation of students

under section 1361 of the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, shall determine if a

person subject to the restrictions provided in this section

resides within 500 feet of a point where students receiving

transportation to and from school shall embark or disembark from

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the conveyance. If it is determined that a person subject to the

restrictions provided in this section resides within 500 feet of

the point of embarking or disembarking a conveyance and it is

impracticable for the school district or its agent to assign

another point of embarking or disembarking, the board of school

directors shall do all of the following:

(1) Notify each law enforcement agency with jurisdiction

over the point of embarking or disembarking the conveyance.

(2) Notify each law enforcement agency with jurisdiction

in the school district.

(3) Notify the parents of any student who will be

required to use a point of embarking or disembarking that

falls within 500 feet of the residence of a person subject to

the restrictions of this section.

(f) Grading.--

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

under this section shall be graded as a misdemeanor of the

first degree.

(2) A second or subsequent offense under this section

shall be graded as a felony of the third degree.

(g) Immunity for good faith conduct.-- The following shall

be immune from liability under this section for good faith

conduct:

(1) A school district including, but not limited to, its

board of school directors and employees.

(2) Agents of a school district who, pursuant to their

contract with the school district, provide transportation for

students to or from any public, private or parochial school.

Section 2. This act shall take effect in 60 days.

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