PRIOR PRINTER'S NO. 3374 PRINTER'S NO. 3738
No. 2397 Session of 2004
INTRODUCED BY GABIG, COLEMAN, NAILOR, T. STEVENSON, PAYNE,
KOTIK, CLYMER, ARMSTRONG, SCHRODER, MANDERINO, STERN, BAKER,
McILHATTAN, CAPPELLI, CORRIGAN, HARHAI, CAWLEY, GINGRICH,
BOYD, DALEY, HARRIS, GILLESPIE, R. MILLER, WILT, DENLINGER,
MILLARD, TURZAI, MARSICO, TIGUE, CREIGHTON, CRAHALLA,
O'BRIEN, THOMAS, GERGELY, WEBER, BROWNE, GRUCELA AND
YOUNGBLOOD, MARCH 8, 2004
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 13, 2004
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, defining the offense of failure to comply with
4 registration of sexual offenders requirements; imposing
5 penalties; and further providing for the definition of <--
6 "predatory," for registration procedures and applicability,
7 FOR ASSESSMENTS, FOR HEARINGS AND for verification of <--
8 residence and for other notification as relates to <--
9 registration of sexual offenders; AND PROVIDING FOR <--
10 INFORMATION MADE AVAILABLE ON THE INTERNET.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Title 18 of the Pennsylvania Consolidated
14 Statutes is amended by adding a section to read:
15 § 4915. Failure to comply with registration of sexual offenders
16 requirements.
17 (a) Offense defined.--An individual who is subject to
18 registration under 42 Pa.C.S. § 9795.1(a) (relating to
19 registration) or an individual who is subject to registration
1 under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense
2 if he knowingly fails to:
3 (1) register with the Pennsylvania State Police as
4 required under 42 Pa.C.S. § 9795.2 (relating to registration
5 procedures and applicability);
6 (2) verify his address or be photographed as required
7 under 42 Pa.C.S. § 9796 (relating to verification of
8 residence); or
9 (3) provide accurate information when registering under
10 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
11 § 9796.
12 (b) Grading for offenders who must register for ten years.--
13 (1) Except as provided in paragraph (2), an individual
14 subject to registration under 42 Pa.C.S. § 9795.1(a) who
15 violates subsection (a)(1) or (2) commits a misdemeanor of
16 the third degree.
17 (2) An individual subject to registration under 42
18 Pa.C.S. § 9795.1(a) who commits a second violation of <--
19 subsection (a)(1) or (2) commits a misdemeanor of the second <--
20 degree. A third or subsequent violation of subsection (a)(1)
21 or (2) is a felony of the third degree. SUBSECTION (A)(1) OR <--
22 (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER
23 EITHER SUBSECTION (A)(1) OR (2) COMMITS A MISDEMEANOR OF THE
24 SECOND DEGREE.
25 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
26 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION
27 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF TWO OR
28 MORE OFFENSES UNDER EITHER SUBSECTION (A)(1) OR (2) COMMITS A
29 FELONY OF THE THIRD DEGREE.
30 (3) (4) An individual subject to registration under 42 <--
20040H2397B3738 - 2 -
1 Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
2 felony of the third degree.
3 (c) Grading for sexually violent predators and others with
4 lifetime registration.--
5 (1) Except as provided in paragraph (2), an individual
6 subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
7 or (3) who violates subsection (a)(1) or (2) commits a
8 misdemeanor of the second degree.
9 (2) An individual subject to registration under 42
10 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a second <--
11 violation of subsection (a)(1) or (2) commits a misdemeanor
12 of the first degree. A third or subsequent violation of
13 subsection (a)(1) or (2) is a felony of the third degree.
14 VIOLATION OF SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY <--
15 BEEN CONVICTED OF AN OFFENSE UNDER EITHER SUBSECTION (A)(1)
16 OR (2) COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
17 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
18 PA.C.S § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF
19 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN
20 CONVICTED OF TWO OR MORE OFFENSES UNDER EITHER SUBSECTION (A)
21 (1) OR (2) COMMITS A FELONY OF THE THIRD DEGREE.
22 (3) (4) An individual subject to registration under 42 <--
23 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
24 (a)(3) commits a felony of the third degree.
25 Section 2. The definition of "predatory" in section 9792 of
26 Title 42 is amended to read:
27 § 9792. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
20040H2397B3738 - 3 -
1 * * *
2 "Predatory." An act directed at a stranger or at a person
3 with whom a relationship has been [established or promoted for
4 the primary purpose of] initiated, established, maintained or
5 promoted, in whole or in part, in order to facilitate or support
6 victimization.
7 * * *
8 Section 3. Sections 9795.2(d), 9796(e) and 9798(d) <--
9 9795.4(B), (D) AND (E) AND 9796(E) of Title 42 are amended to <--
10 read:
11 § 9795.2. Registration procedures and applicability.
12 * * *
13 (d) Penalty.--
14 [(1) An individual subject to registration under section
15 9795.1(a) who fails to register with the Pennsylvania State
16 Police as required in this section commits a felony of the
17 third degree.
18 (2) An individual subject to registration under section
19 9795.1(b)(1), (2) or (3) who fails to register with the
20 Pennsylvania State Police as required in this section commits
21 a felony of the first degree and shall be sentenced to a
22 mandatory minimum sentence of probation for the remainder of
23 the individual's lifetime and may be sentenced to a period of
24 incarceration of up to the individual's lifetime.] An
25 individual subject to registration under section 9795.1(a) or
26 (b) who fails to register with the Pennsylvania State Police
27 as required by this section may be subject to prosecution
28 under 18 Pa.C.S. § 4915 (relating to failure to comply with
29 registration of sexual offenders requirements).
30 § 9795.4. ASSESSMENTS. <--
20040H2397B3738 - 4 -
1 * * *
2 (B) ASSESSMENT.--UPON RECEIPT FROM THE COURT OF AN ORDER FOR
3 AN ASSESSMENT, A MEMBER OF THE BOARD AS DESIGNATED BY THE
4 ADMINISTRATIVE OFFICER OF THE BOARD SHALL CONDUCT AN ASSESSMENT
5 OF THE INDIVIDUAL TO DETERMINE IF THE INDIVIDUAL SHOULD BE
6 CLASSIFIED AS A SEXUALLY VIOLENT PREDATOR. THE BOARD SHALL
7 ESTABLISH STANDARDS FOR EVALUATIONS AND FOR EVALUATORS
8 CONDUCTING THE ASSESSMENTS. AN ASSESSMENT SHALL INCLUDE, BUT NOT
9 BE LIMITED TO, AN EXAMINATION OF THE FOLLOWING:
10 (1) FACTS OF THE CURRENT OFFENSE, INCLUDING:
11 (I) WHETHER THE OFFENSE INVOLVED MULTIPLE VICTIMS.
12 (II) WHETHER THE INDIVIDUAL EXCEEDED THE MEANS
13 NECESSARY TO ACHIEVE THE OFFENSE.
14 (III) THE NATURE OF THE SEXUAL CONTACT WITH THE
15 VICTIM.
16 (IV) RELATIONSHIP OF THE INDIVIDUAL TO THE VICTIM.
17 (V) AGE OF THE VICTIM.
18 (VI) WHETHER THE OFFENSE INCLUDED A DISPLAY OF
19 UNUSUAL CRUELTY BY THE INDIVIDUAL DURING THE COMMISSION
20 OF THE CRIME.
21 (VII) THE MENTAL CAPACITY OF THE VICTIM.
22 (2) PRIOR OFFENSE HISTORY, INCLUDING:
23 (I) THE INDIVIDUAL'S PRIOR CRIMINAL RECORD.
24 (II) WHETHER THE INDIVIDUAL COMPLETED ANY PRIOR
25 SENTENCES.
26 (III) WHETHER THE INDIVIDUAL PARTICIPATED IN
27 AVAILABLE PROGRAMS FOR SEXUAL OFFENDERS.
28 (3) CHARACTERISTICS OF THE INDIVIDUAL, INCLUDING:
29 (I) AGE OF THE INDIVIDUAL.
30 (II) USE OF ILLEGAL DRUGS BY THE INDIVIDUAL.
20040H2397B3738 - 5 -
1 (III) ANY MENTAL ILLNESS, MENTAL DISABILITY OR
2 MENTAL ABNORMALITY.
3 (IV) BEHAVIORAL CHARACTERISTICS THAT CONTRIBUTE TO
4 THE INDIVIDUAL'S CONDUCT.
5 (4) FACTORS THAT ARE SUPPORTED IN A SEXUAL OFFENDER
6 ASSESSMENT [FILED] FIELD AS CRITERIA REASONABLY RELATED TO
7 THE RISK OF REOFFENSE.
8 * * *
9 (D) SUBMISSION OF REPORT BY BOARD.--THE BOARD SHALL HAVE 90
10 DAYS FROM THE DATE OF CONVICTION OF THE INDIVIDUAL TO SUBMIT A
11 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE DISTRICT
12 ATTORNEY [NO LATER THAN 90 DAYS FROM THE DATE OF CONVICTION OF
13 THE INDIVIDUAL].
14 (E) HEARING.--
15 * * *
16 (4) A COPY OF THE ORDER CONTAINING THE DETERMINATION OF
17 THE COURT SHALL BE IMMEDIATELY SUBMITTED TO THE INDIVIDUAL,
18 THE DISTRICT ATTORNEY, THE PENNSYLVANIA BOARD OF PROBATION
19 AND PAROLE, THE DEPARTMENT OF CORRECTIONS [AND], THE BOARD
20 AND THE PENNSYLVANIA STATE POLICE.
21 * * *
22 § 9796. Verification of residence.
23 * * *
24 (e) Penalty.--
25 [(1) Any individual subject to registration under
26 section 9795.1(a) who fails to verify his residence or be
27 photographed as required in this section commits a felony of
28 the third degree.
29 (2) Any individual subject to registration under section
30 9795.1(b)(1), (2) or (3) who fails to verify his residence or
20040H2397B3738 - 6 -
1 to be photographed as required in this section commits a
2 felony of the first degree and shall be sentenced to a
3 mandatory minimum sentence of probation for the remainder of
4 the individual's lifetime and may be sentenced to a period of
5 incarceration of up to the individual's lifetime.] An
6 individual subject to registration under section 9795.1(a) or
7 (b) who fails to verify his residence or to be photographed
8 as required by this section may be subject to prosecution
9 under 18 Pa.C.S. § 4915 (relating to failure to comply with
10 registration of sexual offenders requirements).
11 § 9798. Other notification. <--
12 * * *
13 (d) Public notice.--
14 (1) All information provided in accordance with
15 subsection (a) shall be available, upon request, to the
16 general public. The information may be provided by electronic
17 means.
18 (2) The information shall be provided without the
19 payment of a fee. Further, the individual requesting the
20 information shall not be required to provide any information
21 about himself in order to obtain the information.
22 * * *
23 SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
24 § 9798.1. INFORMATION MADE AVAILABLE ON THE INTERNET.
25 (A) LEGISLATIVE FINDINGS.--IT IS HEREBY DECLARED TO BE THE
26 FINDING OF THE GENERAL ASSEMBLY THAT PUBLIC SAFETY WILL BE
27 ENHANCED BY MAKING INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS
28 AVAILABLE TO THE PUBLIC THROUGH THE WORLD WIDE WEB. KNOWLEDGE OF
29 WHETHER A PERSON IS A SEXUALLY VIOLENT PREDATOR COULD BE A
30 SIGNIFICANT FACTOR IN PROTECTING ONESELF AND ONE'S FAMILY
20040H2397B3738 - 7 -
1 MEMBERS, OR THOSE IN CARE OF A GROUP OR COMMUNITY ORGANIZATION,
2 FROM RECIDIVIST ACTS BY THE SEXUALLY VIOLENT PREDATOR. THE
3 TECHNOLOGY AFFORDED BY THE WORLD WIDE WEB WOULD MAKE THIS
4 INFORMATION READILY ACCESSIBLE TO PARENTS AND PRIVATE ENTITIES,
5 ENABLING THEM TO UNDERTAKE APPROPRIATE REMEDIAL PRECAUTIONS TO
6 PREVENT OR AVOID PLACING POTENTIAL VICTIMS AT RISK. PUBLIC
7 ACCESS TO INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS IS
8 INTENDED SOLELY AS A MEANS OF PUBLIC PROTECTION AND SHALL NOT BE
9 CONSTRUED AS PUNITIVE.
10 (B) WORLD WIDE WEB POSTING OF SEXUALLY VIOLENT PREDATORS.--
11 THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE SHALL:
12 (1) DEVELOP AND MAINTAIN A SYSTEM FOR MAKING THE
13 INFORMATION DESCRIBED IN SECTION 9798(A) (RELATING TO OTHER
14 NOTIFICATION) PUBLICLY AVAILABLE BY ELECTRONIC MEANS SO THAT
15 THE PUBLIC MAY, WITHOUT LIMITATION, OBTAIN ACCESS TO THE
16 INFORMATION VIA A WORLD WIDE WEB SITE TO VIEW AN INDIVIDUAL
17 RECORD OR THE RECORDS OF ALL SEXUALLY VIOLENT PREDATORS
18 REGISTERED WITH THE PENNSYLVANIA STATE POLICE.
19 (2) ENSURE THAT THE WORLD WIDE WEB SITE CONTAINS
20 WARNINGS THAT ANY PERSON WHO USES THE INFORMATION CONTAINED
21 THEREIN TO THREATEN, INTIMIDATE OR HARASS ANOTHER, OR WHO
22 OTHERWISE MISUSES THAT INFORMATION MAY BE CRIMINALLY
23 PROSECUTED.
24 (3) ENSURE THAT THE WORLD WIDE WEB SITE CONTAINS AN
25 EXPLANATION OF ITS LIMITATIONS, INCLUDING STATEMENTS ADVISING
26 THAT A POSITIVE IDENTIFICATION OF A SEXUALLY VIOLENT PREDATOR
27 WHOSE RECORD HAS BEEN MADE AVAILABLE MAY BE CONFIRMED ONLY BY
28 FINGERPRINTS; THAT SOME INFORMATION CONTAINED ON THE WORLD
29 WIDE WEB SITE MAY BE OUTDATED OR INACCURATE; AND THAT THE
30 WORLD WIDE WEB SITE IS NOT A COMPREHENSIVE LISTING OF EVERY
20040H2397B3738 - 8 -
1 PERSON WHO HAS EVER COMMITTED A SEX OFFENSE IN PENNSYLVANIA.
2 (4) STRIVE TO ENSURE THE INFORMATION CONTAINED ON THE
3 WORLD WIDE WEB SITE IS ACCURATE, AND THAT THE DATA THEREIN IS
4 REVISED AND UPDATED AS APPROPRIATE IN A TIMELY AND EFFICIENT
5 MANNER.
6 (5) PROVIDE ON THE WORLD WIDE WEB SITE GENERAL
7 INFORMATION DESIGNED TO INFORM AND EDUCATE THE PUBLIC ABOUT
8 SEX OFFENDERS AND SEXUALLY VIOLENT PREDATORS, THE OPERATION
9 OF THIS SUBCHAPTER, AS WELL AS PERTINENT AND APPROPRIATE
10 INFORMATION CONCERNING CRIME PREVENTION AND PERSONAL SAFETY,
11 WITH APPROPRIATE LINKS TO OTHER RELEVANT WORLD WIDE WEB SITES
12 OPERATED BY THE COMMONWEALTH OF PENNSYLVANIA.
13 Section 4 5. This act shall take effect in 60 days. <--
B20L18BIL/20040H2397B3738 - 9 -