PRINTER'S NO. 2906
No. 2217 Session of 2000
INTRODUCED BY BLAUM, GEORGE, COY, SEYFERT, TIGUE, SOLOBAY,
DALEY, WOJNAROSKI, READSHAW, GRUCELA, STABACK, TRUE,
S. MILLER, BELARDI, SANTONI, CLARK, LEDERER, McCALL, LUCYK,
CORRIGAN, STEELMAN, PLATTS, HASAY, McNAUGHTON, BATTISTO,
HARHAI, J. TAYLOR, GANNON, WILLIAMS, YOUNGBLOOD AND BROWNE,
FEBRUARY 2, 2000
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2000
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 establishment and administration of a juvenile sex offender
4 registry.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 6302 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding definitions to read:
9 § 6302. Definitions.
10 The following words and phrases when used in this chapter
11 shall have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 * * *
14 "Extended jurisdiction juvenile sex offender." A child
15 adjudicated as a juvenile sex offender as defined in this
16 section and determined by the court as likely to commit any of
17 the offenses enumerated in the definition of juvenile sex
1 offender and is under the age of 24 years.
2 "Juvenile sex offender."
3 (1) A child adjudicated delinquent of any of the
4 following conduct, regardless of the age of the victim, which
5 if committed by an adult would be classified as a felony:
6 18 Pa.C.S. § 2901 (relating to kidnapping).
7 18 Pa.C.S. § 3121 (relating to rape).
8 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
9 intercourse).
10 18 Pa.C.S. § 3125 (relating to aggravated indecent
11 assault).
12 18 Pa.C.S. § 5902 (b) (relating to prostitution and
13 related offenses).
14 18 Pa.C.S. § 5903 (a)(3), (4), (5) or (6) (relating to
15 obscene and other sexual materials and performances).
16 (2) A child adjudicated delinquent of conduct in
17 violation of 18 Pa.C.S. § 3126 (relating to indecent assault)
18 which if committed by an adult would be a misdemeanor.
19 (3) A child under the age of 21 years who has been
20 adjudicated delinquent in any other state, territory or the
21 District of Columbia, or in any Federal court for an offense
22 equivalent to any of the offenses listed under this
23 definition, who becomes a resident of Pennsylvania and is
24 subject to juvenile court jurisdiction under the interstate
25 compact on juveniles.
26 * * *
27 Section 2. Chapter 63 of Title 42 is amended by adding a
28 subchapter to read:
29 SUBCHAPTER F
30 JUVENILE SEX OFFENDER REGISTRY
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1 Sec.
2 6371. Juvenile sex offender registry.
3 6372. Registration of juvenile sex offenders.
4 6373. Duties of juvenile court.
5 6374. Duty of notice by placement.
6 6375. Extended jurisdiction for juvenile sex offenders.
7 6376. Verification of residence.
8 6377. Victim notification.
9 6378. Immunity for good faith conduct.
10 § 6371. Juvenile sex offender registry.
11 (a) Establishment of registry.--The Pennsylvania State
12 Police shall establish and maintain a registry of juvenile sex
13 offenders. The registry shall include information required under
14 section 6308 (relating to law enforcement records) and any other
15 information required under this title.
16 (b) Local law enforcement registration.--Within 72 hours of
17 receiving the juvenile sex offender's registration, the
18 Pennsylvania State Police shall notify the chief law enforcement
19 officer of the police department having primary jurisdiction of
20 the municipality in which a juvenile sex offender resides of the
21 fact that the juvenile sex offender has been registered pursuant
22 to sections 6372 (relating to registration of juvenile sex
23 offenders) and 6376 (relating to verification of residence).
24 (c) Regulations.--In consultation with the Office of
25 Attorney General and the Juvenile Court Judges Commission, the
26 Pennsylvania State Police shall promulgate regulations necessary
27 for the general administration of the juvenile sex offender
28 registry.
29 § 6372. Registration of juvenile sex offenders.
30 A juvenile sex offender shall be required to register a
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1 current address with the Pennsylvania State Police until the
2 offender reaches 21 years of age unless he is subject to the
3 requirements of section 6375 (relating to extended jurisdiction
4 for juvenile sex offenders).
5 § 6373. Duties of juvenile court.
6 At the time of disposition the committing court of
7 jurisdiction of the juvenile sex offender shall provide written
8 notification to the juvenile sex offender and the parents or
9 guardian of the juvenile sex offender of the duty to register at
10 the time of disposition. The court shall:
11 (1) Inform the juvenile sex offender and the parents or
12 guardian of the duty to register with the Pennsylvania State
13 Police within ten days.
14 (2) Inform the juvenile sex offender and the parents or
15 guardian of the duty to inform the Pennsylvania State Police
16 within ten days if the juvenile sex offender changes
17 residence. This includes the address of any placement to
18 which the offender is committed following adjudication.
19 (3) Order the fingerprints and photograph of the
20 juvenile sex offender to be provided to the Pennsylvania
21 State Police upon a finding of delinquency as required under
22 section 6309(c) (relating to juvenile history record
23 information) for inclusion in the juvenile sex offender
24 registry.
25 (4) Require the juvenile sex offender and the parents or
26 guardian to read and sign a form stating that the duty to
27 register under this subchapter has been explained. Where the
28 juvenile sex offender is incapable of reading, the court
29 shall certify that the duty to register was explained to the
30 juvenile sex offender and the parents or guardian and that
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1 the juvenile sex offender indicated an understanding of the
2 duty.
3 (5) Require registration as a condition of probation in
4 all cases involving juvenile sex offenders.
5 § 6374. Duty of notice by placement.
6 (a) Duty of notice.--Not later than ten days prior to
7 release from the custody of any delinquency placement provided
8 in section 6352 (relating to disposition of delinquent child),
9 the juvenile sex offender shall again be provided with notice by
10 the officials of that facility of the duty to register with the
11 Pennsylvania State Police.
12 (b) Release from placement.--An adjudicated juvenile sex
13 offender shall not be released from any placement by the
14 committing court of jurisdiction until it has received
15 verification from the Pennsylvania State Police that
16 registration has been completed.
17 § 6375. Extended jurisdiction for juvenile sex offenders.
18 (a) Petition for extended jurisdiction.--When a juvenile sex
19 offender reaches 21 years of age, the attorney for the
20 Commonwealth may petition the committing court to extend the
21 juvenile sex offender's juvenile status for the purpose of
22 maintaining the juvenile sex offender's registration.
23 (b) Hearing.--If the court determines at a hearing that the
24 Commonwealth has proved beyond a reasonable doubt that the
25 juvenile sex offender is likely to commit any of the offenses
26 included in the definition of juvenile sex offender in section
27 6302 (relating to definitions), the juvenile sex offender shall
28 be determined to be an extended jurisdiction juvenile sex
29 offender, subject to the registration requirements of this
30 subchapter. If no petition is filed or if the court determines
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1 the juvenile is not likely to commit the offenses, all
2 information relating to the juvenile sex offender shall be
3 deleted from the registry.
4 (c) Length of extended jurisdiction.--An extended
5 jurisdiction juvenile sex offender may remain under the
6 jurisdiction of the juvenile court only for the purpose of the
7 registration requirement under this subchapter until 24 years of
8 age. In all other matters either civil or criminal the extended
9 jurisdiction juvenile sex offender shall be considered an adult.
10 (d) Penalty for failure to register.--An extended
11 jurisdiction juvenile sex offender who fails to meet the
12 registration requirements of this subchapter commits a felony of
13 the third degree.
14 § 6376. Verification of residence.
15 (a) Annual verification.--The Pennsylvania State Police
16 shall verify the residence of a juvenile sex offender designated
17 in section 6371 (relating to juvenile sex offender registry)
18 annually through the use of a residence verification form. The
19 form shall be returned to the Pennsylvania State Police within
20 ten days of the date received.
21 (b) Notification of law enforcement agencies of change of
22 address.--A change of address of a juvenile sex offender
23 required to register under this subchapter reported to the
24 Pennsylvania State Police shall be immediately reported by the
25 Pennsylvania State Police to the appropriate law enforcement
26 agency having jurisdiction of the juvenile sex offender's new
27 place of residence. The Pennsylvania State Police shall, if the
28 juvenile sex offender changes residence to another state that
29 requires registration of a juvenile sex offender, notify the law
30 enforcement agency with which the juvenile sex offender must
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1 register in the new state.
2 (c) Failure to provide verification.--Where any juvenile sex
3 offender fails to provide verification of residence within the
4 ten-day period as set forth in this section, the Pennsylvania
5 State Police shall immediately notify the municipal police
6 department of the juvenile sex offender's last verified
7 residence. The local municipal police shall locate the juvenile
8 sex offender, take him into custody and detain him for violating
9 this section. The Pennsylvania State Police shall assume
10 responsibility for locating the juvenile sex offender and taking
11 into custody and detaining him in jurisdictions where no
12 municipal police jurisdiction exists. The Pennsylvania State
13 Police shall assist any municipal police requesting assistance
14 with locating, taking into custody and detaining a juvenile sex
15 offender who fails to verify his residence.
16 § 6377. Victim notification.
17 The juvenile sex offender's victim shall be notified in
18 accordance with the requirements of the act of November 24, 1998
19 (P.L.882, No.111), known as the Crime Victims Act.
20 § 6378. 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 employees of law enforcement.
25 (2) District attorneys and their agents and employees.
26 (3) Directors and employees of county children and youth
27 agencies.
28 (4) Directors and employees of county juvenile courts
29 and juvenile probation offices.
30 (5) Directors and employees of facilities that provide
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1 rehabilitation services for juvenile sex offenders.
2 Section 3. This act shall take effect on July 1, 2000.
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