PRINTER'S NO. 33
No. 27 Session of 2003
INTRODUCED BY ADOLPH, BARRAR, RAYMOND, CIVERA, MICOZZIE,
ARMSTRONG, BAKER, BEBKO-JONES, BELFANTI, BUNT, CAPPELLI,
CREIGHTON, CRUZ, DeLUCA, EACHUS, FLEAGLE, FLICK, GEIST,
GILLESPIE, HARHART, HENNESSEY, HERSHEY, HUTCHINSON, KELLER,
KIRKLAND, LEDERER, LEWIS, MELIO, PAYNE, PERZEL, READSHAW,
RUBLEY, SAYLOR, SCHRODER, SOLOBAY, STABACK, R. STEVENSON,
E. Z. TAYLOR, TIGUE, TRUE, WATSON, YOUNGBLOOD AND ZUG,
JANUARY 29, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 legislative findings and declaration of policy relating to
4 registration of sexual offenders, for sentencing court
5 information and for verification of residence; imposing
6 limitations on residence for sexually violent predators; and
7 prescribing a penalty.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 9791(a) of Title 42 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 9791. Legislative findings and declaration of policy.
13 (a) Legislative findings.--It is hereby determined and
14 declared as a matter of legislative finding:
15 (1) If the public is provided adequate notice and
16 information about sexually violent predators and certain
17 other offenders, the community can develop constructive plans
1 to prepare themselves and their children for the offender's
2 release. This allows communities to meet with law enforcement
3 to prepare and obtain information about the rights and
4 responsibilities of the community and to provide education
5 and counseling to their children.
6 (2) These sexually violent predators pose a high risk of
7 engaging in further offenses even after being released from
8 incarceration or commitments and that protection of the
9 public from this type of offender is a paramount governmental
10 interest.
11 (3) The penal and mental health components of our
12 justice system are largely hidden from public view and lack
13 of information from either may result in failure of both
14 systems to meet this paramount concern of public safety.
15 (4) Overly restrictive confidentiality and liability
16 laws governing the release of information about sexually
17 violent predators have reduced the willingness to release
18 information that could be appropriately released under the
19 public disclosure laws and have increased risks to public
20 safety.
21 (5) Persons found to have committed such an offense have
22 a reduced expectation of privacy because of the public's
23 interest in public safety and in the effective operation of
24 government.
25 (6) Release of information about sexually violent
26 predators to public agencies and the general public will
27 further the governmental interests of public safety and
28 public scrutiny of the criminal and mental health systems so
29 long as the information released is rationally related to the
30 furtherance of those goals.
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1 (7) Young children are highly vulnerable when walking to
2 and from elementary school.
3 (8) The Commonwealth has a compelling State interest in
4 protecting young children from sexually violent predators.
5 (9) In order to further the compelling State interest to
6 protect children from sexually violent predators, it is
7 necessary for the Commonwealth to limit contact between
8 children and predators by prohibiting predators from living
9 within walking distance of an elementary school.
10 * * *
11 Section 2. Section 9795.3 of Title 42, amended October 17,
12 2002 (P.L.880, No.127), is amended to read:
13 § 9795.3. Sentencing court information.
14 The sentencing court shall inform offenders and sexually
15 violent predators at the time of sentencing of the provisions of
16 this subchapter. The court shall:
17 (1) Specifically inform the offender or sexually violent
18 predator of the duty to register and provide the information
19 required for each registration, including verification as
20 required in section 9796(a) (relating to verification of
21 residence).
22 (2) Specifically inform the offender or sexually violent
23 predator of the duty to inform the Pennsylvania State Police
24 within ten days if the offender or sexually violent predator
25 changes residence or establishes an additional residence or
26 residences, changes employer or employment location for a
27 period of time that will exceed 14 days or for an aggregate
28 period of time that will exceed 30 days during any calendar
29 year or terminates employment or changes institution or
30 location at which the person is enrolled as a student or
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1 terminates enrollment.
2 (2.1) Specifically inform the offender or sexually
3 violent predator of the duty to inform the Pennsylvania State
4 Police within ten days of becoming employed or enrolled as a
5 student if the person has not previously provided that
6 information to the Pennsylvania State Police.
7 (3) Specifically inform the offender or sexually violent
8 predator of the duty to register with a new law enforcement
9 agency if the offender or sexually violent predator moves to
10 another state no later than ten days after establishing
11 residence in another state.
12 (4) Order the fingerprints and photograph of the
13 offender or sexually violent predator to be provided to the
14 Pennsylvania State Police upon sentencing.
15 (5) Specifically inform the offender or sexually violent
16 predator of the duty to register with the appropriate
17 authorities in any state in which the offender or sexually
18 violent predator is employed, carries on a vocation or is a
19 student if the state requires such registration.
20 (6) Require the offender or sexually violent predator to
21 read and sign a form stating that the duty to register under
22 this subchapter has been explained. Where the offender or
23 sexually violent predator is incapable of reading, the court
24 shall certify the duty to register was explained to the
25 offender or sexually violent predator and the offender or
26 sexually violent predator indicated an understanding of the
27 duty.
28 (7) Specifically inform the sexually violent predator
29 concerning the limitations on residence imposed by section
30 9796.1 (relating to limitations on residence for sexually
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1 violent predators).
2 Section 3. Section 9796(a) of Title 42 is amended to read:
3 § 9796. Verification of residence.
4 (a) Quarterly verification.--The Pennsylvania State Police
5 shall verify the residence [and], compliance with counseling as
6 provided for in section 9799.4 (relating to counseling of
7 sexually violent predators) and limitations on residence imposed
8 by section 9796.1 (relating to limitations on residence for
9 sexually violent predators) of sexually violent predators every
10 90 days through the use of a nonforwardable verification form to
11 the last reported residence. For the period of registration
12 required by section 9795.1 (relating to registration), a
13 sexually violent predator shall appear within ten days of
14 receipt of the form at any Pennsylvania State Police station to
15 complete the verification form and to be photographed.
16 * * *
17 Section 4. Title 42 is amended by adding a section to read:
18 § 9796.1. Limitations on residence for sexually violent
19 predators.
20 (a) General rule.--A sexually violent predator may not
21 establish a residence within a one and one-half mile radius of
22 any public, private or parochial school which offers instruction
23 on any level from kindergarten through elementary school.
24 (b) Existing residences.--A sexually violent predator who
25 has on or before the effective date of this section established
26 a residence within a one and one-half mile radius of any public,
27 private or parochial school which offers instruction on any
28 level from kindergarten through elementary school shall have 60
29 days from the date of notification to vacate the residence and
30 establish a new residence outside a one and one-half mile radius
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1 of any public, private or parochial school which offers
2 instruction on any level from kindergarten through elementary
3 school.
4 (c) Penalty.--A sexually violent predator who violates this
5 section or fails to vacate a residence in violation of this
6 section commits a felony of the third degree.
7 (d) Notification.--The Pennsylvania State Police shall,
8 after the effective date of this section, send notice of the
9 requirements of this section to all sexually violent predators
10 by including the notice within each sexually violent predator's
11 next nonforwardable 90-day verification form sent pursuant to
12 section 9796 (relating to verification of residence).
13 (e) Definition.--As used in this section, the term "date of
14 notification" shall mean the date, after the effective date of
15 this section, on which a sexually violent predator receives his
16 next nonforwardable 90-day verification form pursuant to section
17 9796.
18 Section 5. If any provision of this act or the application
19 thereof to any person or circumstance is held invalid, the
20 remainder of this act, and the application of such provision to
21 other persons or circumstances, shall not be affected thereby.
22 Section 6. This act shall take effect in 60 days.
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