PRIOR PRINTER'S NOS. 91, 1105, 1106, PRINTER'S NO. 1995 1614
No. 92 Session of 2003
INTRODUCED BY GREENLEAF, LEMMOND, EARLL AND RAFFERTY, JANUARY 29, 2003
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 19, 2004
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the <-- 2 Pennsylvania Consolidated Statutes, further providing for six 3 months limitations and for deficiency judgments; codifying 4 judicial provisions of the act of April 6, 1951 (P.L.69, 5 No.20), known as The Landlord and Tenant Act of 1951; further 6 providing for hearings AND FOR SUMMONS AND SERVICE; further <-- 7 defining "primary jurisdiction"; and making repeals. 8 AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND <-- 9 JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED 10 STATUTES, DEFINING THE OFFENSE OF FAILURE TO COMPLY WITH 11 REGISTRATION OF SEXUAL OFFENDERS REQUIREMENTS; IMPOSING 12 PENALTIES; FURTHER PROVIDING FOR SIX MONTHS LIMITATION AND 13 FOR TWO-YEAR LIMITATION; PROVIDING FOR LIMITATION AND 14 APPLICATION FOR ASBESTOS CLAIM; FURTHER PROVIDING FOR 15 DEFICIENCY JUDGMENTS, FOR DEFINITIONS, FOR REGISTRATION, FOR 16 REGISTRATION PROCEDURES AND APPLICABILITY AND FOR 17 ASSESSMENTS; PROVIDING FOR EXEMPTION FROM CERTAIN 18 NOTIFICATIONS; FURTHER PROVIDING FOR VERIFICATION OF 19 RESIDENCE AND FOR OTHER NOTIFICATION; PROVIDING FOR 20 INFORMATION MADE AVAILABLE ON THE INTERNET AND FOR CERTAIN 21 ADMINISTRATION; FURTHER PROVIDING FOR IMMUNITY FOR GOOD FAITH 22 CONDUCT, FOR DUTIES OF PENNSYLVANIA STATE POLICE AND FOR 23 EXEMPTION FROM NOTIFICATION FOR CERTAIN LICENSEES AND THEIR 24 EMPLOYEES; AND PROVIDING FOR ANNUAL PERFORMANCE AUDIT AND FOR 25 PHOTOGRAPHS AND FINGERPRINTING. 26 The General Assembly of the Commonwealth of Pennsylvania 27 hereby enacts as follows: 28 Section 1. Section 5522(b)(2) of Title 42 of the <--
1 Pennsylvania Consolidated Statutes is amended and the subsection 2 is amended by adding a paragraph to read: 3 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <-- 4 STATUTES IS AMENDED BY ADDING A SECTION TO READ: 5 § 4915. FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS 6 REQUIREMENTS. 7 (A) OFFENSE DEFINED.--AN INDIVIDUAL WHO IS SUBJECT TO 8 REGISTRATION UNDER 42 PA.C.S. § 9795.1(A) (RELATING TO 9 REGISTRATION) OR AN INDIVIDUAL WHO IS SUBJECT TO REGISTRATION 10 UNDER 42 PA.C.S. § 9795.1(B)(1), (2) OR (3) COMMITS AN OFFENSE 11 IF HE KNOWINGLY FAILS TO: 12 (1) REGISTER WITH THE PENNSYLVANIA STATE POLICE AS 13 REQUIRED UNDER 42 PA.C.S. § 9795.2 (RELATING TO REGISTRATION 14 PROCEDURES AND APPLICABILITY); 15 (2) VERIFY HIS ADDRESS OR BE PHOTOGRAPHED AS REQUIRED 16 UNDER 42 PA.C.S. § 9796 (RELATING TO VERIFICATION OF 17 RESIDENCE); OR 18 (3) PROVIDE ACCURATE INFORMATION WHEN REGISTERING UNDER 19 42 PA.C.S. § 9795.2 OR VERIFYING AN ADDRESS UNDER 42 PA.C.S. 20 § 9796. 21 (B) GRADING FOR OFFENDERS WHO MUST REGISTER FOR TEN YEARS.-- 22 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL 23 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(A) WHO 24 VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A MISDEMEANOR OF 25 THE THIRD DEGREE. 26 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 27 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION 28 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN 29 OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE 30 COMMITS A MISDEMEANOR OF THE SECOND DEGREE. 20030S0092B1995 - 2 -
1 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 2 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION 3 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF TWO OR 4 MORE OFFENSES UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR 5 OFFENSE COMMITS A FELONY OF THE THIRD DEGREE. 6 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 7 PA.C.S. § 9795.1(A) WHO VIOLATES SUBSECTION (A)(3) COMMITS A 8 FELONY OF THE THIRD DEGREE. 9 (C) GRADING FOR SEXUALLY VIOLENT PREDATORS AND OTHERS WITH 10 LIFETIME REGISTRATION.-- 11 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL 12 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(B)(1), (2) 13 OR (3) WHO VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A 14 MISDEMEANOR OF THE SECOND DEGREE. 15 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 16 PA.C.S. § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF 17 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN 18 CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A 19 SIMILAR OFFENSE COMMITS A MISDEMEANOR OF THE FIRST DEGREE. 20 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 21 PA.C.S § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF 22 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN 23 CONVICTED OF TWO OR MORE OFFENSES UNDER SUBSECTION (A)(1) OR 24 (2) OR A SIMILAR OFFENSE COMMITS A FELONY OF THE THIRD 25 DEGREE. 26 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 27 PA.C.S. § 9795.1(B)(1), (2) OR (3) WHO VIOLATES SUBSECTION 28 (A)(3) COMMITS A FELONY OF THE THIRD DEGREE. 29 (D) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE 30 PENNSYLVANIA STATE POLICE TO SEND, NOR FAILURE OF A SEXUALLY 20030S0092B1995 - 3 -
1 VIOLENT PREDATOR OR OFFENDER TO RECEIVE, ANY NOTICE OR 2 INFORMATION PURSUANT TO 42 PA.C.S. § 9796(A.1) OR (B.1) SHALL BE 3 A DEFENSE TO A PROSECUTION COMMENCED AGAINST AN INDIVIDUAL 4 ARISING FROM A VIOLATION OF THIS SECTION. THE PROVISIONS OF 42 5 PA.C.S. § 9796(A.1) AND (B.1) ARE NOT AN ELEMENT OF AN OFFENSE 6 UNDER THIS SECTION. 7 (E) ARRESTS FOR VIOLATION.-- 8 (1) A POLICE OFFICER SHALL HAVE THE SAME RIGHT OF ARREST 9 WITHOUT A WARRANT AS IN A FELONY WHENEVER THE POLICE OFFICE 10 HAS PROBABLE CAUSE TO BELIEVE AN INDIVIDUAL HAS COMMITTED A 11 VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER THE 12 VIOLATION OCCURRED IN THE PRESENCE OF THE POLICE OFFICER. 13 (2) AN INDIVIDUAL ARRESTED FOR A VIOLATION OF THIS 14 SECTION SHALL BE AFFORDED A PRELIMINARY ARRAIGNMENT BY THE 15 PROPER ISSUING AUTHORITY WITHOUT UNNECESSARY DELAY. IN NO 16 CASE MAY THE INDIVIDUAL BE RELEASED FROM CUSTODY WITHOUT 17 FIRST HAVING APPEARED BEFORE THE ISSUING AUTHORITY. 18 (3) PRIOR TO ADMITTING AN INDIVIDUAL ARRESTED FOR A 19 VIOLATION OF THIS SECTION TO BAIL, THE ISSUING AUTHORITY 20 SHALL REQUIRE ALL OF THE FOLLOWING: 21 (I) THE INDIVIDUAL MUST BE FINGERPRINTED AND 22 PHOTOGRAPHED IN THE MANNER REQUIRED BY 42 PA.C.S. CH. 97 23 SUBCH H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS). 24 (II) THE INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA 25 STATE POLICE WITH ALL CURRENT OR INTENDED RESIDENCES, ALL 26 INFORMATION CONCERNING CURRENT OR INTENDED EMPLOYMENT, 27 INCLUDING ALL EMPLOYMENT LOCATIONS, AND ALL INFORMATION 28 CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT. 29 (III) LAW ENFORCEMENT MUST MAKE REASONABLE ATTEMPTS 30 TO VERIFY THE INFORMATION PROVIDED BY THE INDIVIDUAL. 20030S0092B1995 - 4 -
1 (F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "A 2 SIMILAR OFFENSE" MEANS AN OFFENSE SIMILAR TO AN OFFENSE UNDER 3 EITHER SUBSECTION (A)(1) OR (2) UNDER THE LAWS OF THIS 4 COMMONWEALTH, THE UNITED STATES OR ONE OF ITS TERRITORIES OR 5 POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE 6 COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION. 7 SECTION 2. SECTION 5522(B)(2) OF TITLE 42 IS AMENDED AND THE 8 SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ: 9 § 5522. Six months limitation. 10 * * * 11 (b) Commencement of action required.--The following actions 12 and proceedings must be commenced within six months: 13 * * * 14 (2) A petition for the establishment of a deficiency 15 judgment following execution and delivery of the sheriff's 16 deed for the property sold in connection with the execution 17 proceedings referenced in the provisions of section 8103(a) 18 (relating to deficiency judgments). 19 * * * 20 (6) A petition for redetermination of fair market value 21 pursuant to section 8103(f.1)(4) following execution and 22 delivery of the sheriff's deed for the property sold in 23 connection with the execution proceedings referenced under 24 section 8103. 25 Section 2. Title 42 is amended by adding a chapter to read: <-- 26 CHAPTER 64 <-- 27 LANDLORD AND TENANT 28 Sec. 29 6401. Notice to quit. 30 6402. Summons and service. 20030S0092B1995 - 5 -
1 6403. Hearing; judgment; writ of possession; payment of rent 2 by tenant. 3 6404. Return of writ of possession. 4 6405. Remedy to recover possession by ejectment preserved. 5 6406. Appeal by tenant. 6 CHAPTER 62 <-- 7 LANDLORD AND TENANT 8 SEC. 9 6201. NOTICE TO QUIT. 10 6202. SUMMONS AND SERVICE. 11 6203. HEARING; JUDGMENT; WRIT OF POSSESSION; PAYMENT OF RENT 12 BY TENANT. 13 6204. RETURN OF WRIT OF POSSESSION. 14 6205. REMEDY TO RECOVER POSSESSION BY EJECTMENT PRESERVED. 15 6206. APPEAL BY TENANT. 16 § 6401 6201. Notice to quit. <-- 17 (a) Requirement.-- 18 (1) Except as set forth in paragraph (2), a landlord 19 desirous of repossessing real property from a tenant must 20 notify the tenant in writing to remove from the real property 21 at the expiration of the time specified in the notice under 22 the following circumstances: 23 (i) Upon the termination of a term of the tenant. 24 (ii) Upon forfeiture of the lease for breach of its 25 conditions. 26 (iii) Upon the failure of the tenant, upon demand, 27 to satisfy rent reserved and due. 28 (2) This subsection does not apply to real property 29 which is a mobile home space as defined in section 2 of the 30 act of November 24, 1976 (P.L.1176, No.261), known as the 20030S0092B1995 - 6 -
1 Mobile Home Park Rights Act. 2 (b) Contents.-- 3 (1) Except as provided in subsection (c) or (e), in case 4 of the expiration of a term or of a forfeiture for breach of 5 the conditions of a lease, the notice must specify that the 6 tenant remove within: 7 (i) fifteen days from the date of service if the 8 lease is for one year or less or for an indeterminate 9 time; or 10 (ii) thirty days from the date of service if the 11 lease is for more than one year. 12 (2) If the tenant fails, upon demand, to satisfy rent 13 reserved and due, the notice must specify that the tenant 14 remove within ten days from the date of service of the 15 notice. 16 (c) Mobile home parks.-- 17 (1) Except as set forth in subsection (e), in case of 18 the expiration of a term or of a forfeiture for breach of the 19 conditions of the lease involving a tenant of a mobile home 20 park as defined in section 2 of the Mobile Home Park Rights 21 Act, the notice must specify that the tenant remove within: 22 (i) thirty days from the date of service if the 23 lease is for less than one year or for an indeterminate 24 time; or 25 (ii) three months from the date of service if the 26 lease is for one year or more. 27 (2) Except as set forth in subsection (e), in case of 28 failure of the tenant, upon demand, to satisfy rent reserved 29 and due, the notice: 30 (i) if given after March 31 and before September 1, 20030S0092B1995 - 7 -
1 must specify that the tenant remove within 15 days from 2 the date of the service; and 3 (ii) if given after August 31 and before April 1, 4 must specify that the tenant remove within 30 days from 5 the date of the service. 6 (3) The owner of a mobile home park is not entitled to 7 recovery of the mobile home space upon the termination of a 8 lease with a resident regardless of the term of the lease if 9 the resident: 10 (i) is complying with the rules of the mobile home 11 park; 12 (ii) is paying the rent due; and 13 (iii) desires to continue living in the mobile home 14 park. 15 (4) The following are the only bases for the recovery of 16 a mobile home space by an owner of a mobile home park: 17 (i) A resident is legally evicted under section 3 of 18 the Mobile Home Park Rights Act. 19 (ii) The owner and resident mutually agree in 20 writing to the termination of a lease. 21 (iii) At the expiration of a lease, the resident 22 determines that the resident no longer desires to reside 23 in the park and so notifies the owner in writing. 24 (d) Illegal drugs.--In case of termination due to the 25 provisions of section 505-A of the act of April 6, 1951 (P.L.69, 26 No.20), known as The Landlord and Tenant Act of 1951, the notice 27 must specify that the tenant remove within ten days from the 28 date of service. 29 (e) Waiver and agreement.--Notice under this section may be 30 for a lesser time or may be waived by the tenant if the lease so 20030S0092B1995 - 8 -
1 provides. 2 (f) Service.--Notice under this section must be served: 3 (1) personally on the tenant; 4 (2) by leaving the notice at the principal building upon 5 the premises; or 6 (3) by conspicuous posting on the leased premises. 7 § 6402 6202. Summons and service. <-- 8 (a) Issuance.--Upon filing of the complaint, the district 9 justice shall issue a summons which: 10 (1) recites substantially the complaint AND INCLUDES THE <-- 11 NOTICE UNDER SUBSECTION (B); 12 (2) is directed to a writ server, constable or sheriff; 13 and 14 (3) commands the officer under paragraph (2) to summon 15 the tenant to appear before the district justice to answer 16 the complaint on a date not less than seven nor more than ten 17 days from the date of the summons. 18 (B) NOTICE.--THE COMPLAINT MUST INCLUDE THE FOLLOWING <-- 19 NOTICE, IN ENGLISH AND SPANISH: 20 TENANT'S NOTICE. 21 YOU HAVE FAILED TO COMPLY WITH YOUR LEASE. AS A RESULT, A 22 COMPLAINT FOR YOUR EVICTION FROM THE PROPERTY IN WHICH 23 YOU CURRENTLY RESIDE HAS BEEN FILED WITH THE COURT. IF 24 YOU ARE BEING EVICTED FOR NONPAYMENT OF RENT ONLY, YOU 25 HAVE AN OPPORTUNITY TO STAY IN THE PROPERTY BY PAYING THE 26 AMOUNT OWED AS DETERMINED BY THE COURT UP UNTIL THE DATE 27 OF THE ACTUAL LOCKOUT. 28 IF YOU APPEAR IN COURT AND LOSE, THE JUDGE MAY ALLOW YOU 29 TO CONTINUE RESIDING IN THIS PROPERTY FOR AN ADDITIONAL 30 20 DAYS BASED ON THE JUDGE'S DECISION. IF YOU LOSE AND 20030S0092B1995 - 9 -
1 CANNOT AFFORD TO MAKE AN APPEAL YOU MAY STILL HAVE THE 2 RIGHT TO DO SO. 3 IF YOU HAVE QUESTIONS OR WANT INFORMATION, PLEASE CALL 4 ( ) FOR YOUR LOCAL CONTACT. 5 (b) (C) Service.--The summons must be served: <-- 6 (1) personally on the tenant; 7 (2) by mail; or 8 (3) by conspicuous posting on the leased premises. 9 § 6403 6203. Hearing; judgment; writ of possession; payment of <-- 10 rent by tenant. 11 (a) Hearing and judgment.--On the appropriate day and time, 12 the district justice shall proceed to hear the case. If the 13 complaint is sufficiently proven, the district justice shall 14 enter judgment against the tenant: 15 (1) that the real property be delivered to the landlord; 16 (2) for any damages for the unjust detention of the 17 demised premises; and 18 (3) for rent which remains due and unpaid. 19 (b) Writ of possession.--The landlord may request the 20 issuance of a writ of possession on the next business day after 21 the rendition of the judgment. The district justice shall issue 22 a writ of possession directed to the writ server, constable or 23 sheriff commanding the officer to deliver actual possession of 24 the real property to the landlord and to levy the costs and 25 amount of judgment for damages and rent on the tenant in the 26 same manner as judgments and costs are levied and collected on 27 writs of execution. This writ shall be served no later than 48 28 hours after the request was filed by the landlord and executed 29 on the 11th day following service upon the tenant. The writ of 30 possession must be served on the tenant by: 20030S0092B1995 - 10 -
1 (1) personal service; or 2 (2) conspicuous posting on the leased premises. 3 (C) EXTENSION.--IF THE TENANT APPEARS IN COURT AND A <-- 4 JUDGMENT OF POSSESSION IS ENTERED AGAINST THE TENANT, THE 5 DISTRICT JUSTICE, UPON A FINDING THAT THERE IS JUST CAUSE, MAY 6 EXTEND THE DATE OF EXECUTION ON THE WRIT OF POSSESSION UNTIL 20 7 DAYS AFTER THE DATE THE JUDGMENT OF POSSESSION WAS ENTERED 8 AGAINST THE TENANT. 9 (c) (D) Payment of rent.--At any time before the end of the <-- 10 tenth day following the rendition of the judgment, the tenant 11 may, in a case for the recovery of possession solely because of 12 failure to pay rent due, void the writ of possession by paying 13 to the writ server, constable or sheriff all of the following: 14 (1) The rent actually in arrears. 15 (2) The officer's costs. A tenant may comply with this 16 paragraph by reimbursing the landlord for paying the 17 officer's costs. 18 (d) (E) Affidavit.--After the tenth day following rendition <-- 19 of judgment but prior to executing on a writ for possession 20 which was entered solely because of a failure to pay rent, the 21 landlord must file with the court an affidavit that the tenant 22 has not paid the judgment amount plus costs and has not 23 petitioned for an appeal of the judgment. 24 (e) (F) Concurrent time periods.--The time period under <-- 25 subsection (b) shall run concurrently with the time period for 26 appeal under section 6406(b) 6206(B) (relating to appeal by <-- 27 tenant). The later time period governs. 28 § 6404 6204. Return of writ of possession. <-- 29 The writ server, constable or sheriff shall make return of 30 the writ of possession to the district justice of the peace 20030S0092B1995 - 11 -
1 within ten days after receiving the writ. The return must show: 2 (1) the date, time, place and manner of service of the 3 writ; 4 (2) if the writ was satisfied by the payment of rent due 5 or in arrears and costs by or on behalf of the tenant, the 6 amount of that payment and its distribution; 7 (3) the time and date of any forcible entry and 8 ejectment or that no entry for the purpose of ejectment has 9 been made; and 10 (4) the officer's costs paid under section 6403(c)(2) <-- 11 6203(D)(2) (relating to hearing; judgment; writ of <-- 12 possession; payment of rent by tenant). 13 § 6405 6205. Remedy to recover possession by ejectment <-- 14 preserved. 15 Nothing contained in this chapter shall be construed as 16 abolishing the right of any landlord to recover possession of 17 real property from a tenant by action of ejectment or to 18 institute an amicable action of ejectment to recover possession 19 of real property by confessing judgment in accordance with the 20 terms of any written contract or agreement. 21 § 6406 6206. Appeal by tenant. <-- 22 (a) Escrow.-- 23 (1) A tenant that files an appeal to a court of common 24 pleas of a judgment of a district justice involving an action 25 under the act of April 6, 1951 (P.L.69, No.20), known as The 26 Landlord and Tenant Act of 1951, for the recovery of 27 possession of real property or for rent due must: 28 (i) deposit with the prothonotary a sum equal to the 29 amount of rent due as determined by the district justice; 30 and 20030S0092B1995 - 12 -
1 (ii) pay in cash any rent which becomes due during 2 the proceedings in the court of common pleas within ten 3 days after the date each payment becomes due. 4 (2) The sum representing the rent due or in question 5 shall be placed in a special escrow account by the 6 prothonotary. 7 (3) The prothonotary shall only dispose of these funds 8 by order of court. 9 (b) Appeal.-- 10 (1) A party must appeal to the court of common pleas 11 within the following time periods: 12 (i) Except as set forth in subparagraph (ii)(B), 13 within ten days after the rendition of judgment by the 14 district justice in the case of a residential lease. 15 (ii) Within 30 days after a judgment by the district 16 justice in the case of a: 17 (A) nonresidential lease; or 18 (B) residential lease involving a victim of 19 domestic violence. 20 (2) An appeal by a tenant shall operate as a supersedeas 21 only in the following cases: 22 (i) The tenant: 23 (A) pays in cash or bond the amount of any 24 judgment rendered by the lower court; and 25 (B) pays in cash into an account with the 26 prothonotary any rent which becomes due during the 27 proceedings in the court of common pleas within ten 28 days after the date each payment becomes due. 29 (ii) The tenant is a victim of domestic violence and 30 pays in cash into an account with the prothonotary any 20030S0092B1995 - 13 -
1 rent which becomes due during the proceedings in the 2 court of common pleas within ten days after the date each 3 payment is due. 4 (iii) With respect to an appeal by an indigent 5 tenant from a judgment of the lower court involving the 6 recovery of possession of residential real property in 7 which the tenant simultaneously files a petition and 8 supporting affidavit to proceed in forma pauperis in the 9 appeal pursuant to Pa.R.C.P. No. 240 (relating to in 10 forma pauperis), the filing of such an appeal, petition 11 and supporting affidavit shall operate as a supersedeas 12 until the common pleas court renders a decision on the 13 petition pursuant to Pa.R.C.P. No. 240(c)(3) provided 14 that the indigent tenant complies with the following: 15 (A) If the rent has been paid in the month in 16 which the appeal is taken, the appellant shall be 17 required to pay into escrow with the prothonotary the 18 monthly rent as it becomes due under the lease for 19 the months subsequent to the filing of the appeal. 20 (B) If the rent has not been paid in the month 21 in which the appeal is taken, the appellant shall 22 pay: 23 (I) at the time of the filing of the appeal, 24 a sum of money equal to one-third of the monthly 25 rent; 26 (II) an additional deposit of two-thirds of 27 the monthly rent within 20 days of the date of 28 the appeal; and 29 (III) additional deposits of one month's 30 rent each successive 30-day period after the 20030S0092B1995 - 14 -
1 filing of the appeal. The amount of the monthly 2 rent shall be determined by the judge of the 3 court from which the appeal is taken. 4 (C) If the court of common pleas determines, 5 upon written motion, that the averments within the 6 tenant's affidavit do not establish that the tenant 7 meets the terms and conditions above, the court may 8 terminate the supersedeas. 9 (D) The tenant shall be required to pay into 10 escrow with the prothonotary the ongoing rent as 11 required under clause (B) in order to continue to 12 maintain the supersedeas on appeal. 13 (iv) In the event the petition to proceed in forma 14 pauperis is denied under subparagraph (iii), the 15 supersedeas shall terminate immediately. In the event the 16 petition is granted, the supersedeas shall continue in 17 effect until the entry of the order of the court of 18 common pleas, at which point the supersedeas shall 19 terminate. The filing of an attorney's praecipe pursuant 20 to Pa.R.C.P No. 240(d) shall not trigger the creation of 21 a supersedeas under the provisions of this subsection. 22 (3) Except as otherwise provided in paragraph (2)(iii), 23 the supersedeas shall be summarily terminated if the tenant 24 does not comply with paragraph (2). 25 (c) Release of escrow.-- 26 (1) Upon application by the landlord, the court shall 27 release appropriate sums from the escrow account on a 28 continuing basis while the appeal is pending to compensate 29 the landlord for the tenant's actual possession and use of 30 the premises during the pendency of the appeal. 20030S0092B1995 - 15 -
1 (2) Upon application by the tenant, the court shall 2 release appropriate sums from the escrow account on a 3 continuing basis while the appeal is pending to directly 4 compensate providers of habitable services which the landlord 5 is required to provide under law or under the lease. 6 (d) Definition.--As used in this section, the term "victim 7 of domestic violence" means an individual who: 8 (1) has obtained a protection from abuse order against 9 another individual; or 10 (2) provides other suitable evidence as directed by the 11 court. 12 SECTION 3. SECTION 5524 OF TITLE 42 IS AMENDED TO READ: <-- 13 § 5524. TWO YEAR LIMITATION. 14 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED 15 WITHIN TWO YEARS: 16 (1) AN ACTION FOR ASSAULT, BATTERY, FALSE IMPRISONMENT, 17 FALSE ARREST, MALICIOUS PROSECUTION OR MALICIOUS ABUSE OF 18 PROCESS. 19 (2) AN ACTION TO RECOVER DAMAGES FOR INJURIES TO THE 20 PERSON OR FOR THE DEATH OF AN INDIVIDUAL CAUSED BY THE 21 WRONGFUL ACT OR NEGLECT OR UNLAWFUL VIOLENCE OR NEGLIGENCE OF 22 ANOTHER. 23 (3) AN ACTION FOR TAKING, DETAINING OR INJURING PERSONAL 24 PROPERTY, INCLUDING ACTIONS FOR SPECIFIC RECOVERY THEREOF. 25 (4) AN ACTION FOR WASTE OR TRESPASS OF REAL PROPERTY. 26 (5) AN ACTION UPON A STATUTE FOR A CIVIL PENALTY OR 27 FORFEITURE. 28 (6) AN ACTION AGAINST ANY OFFICER OF ANY GOVERNMENT UNIT 29 FOR THE NONPAYMENT OF MONEY OR THE NONDELIVERY OF PROPERTY 30 COLLECTED UPON ON EXECUTION OR OTHERWISE IN HIS POSSESSION. 20030S0092B1995 - 16 -
1 (7) ANY OTHER ACTION OR PROCEEDING TO RECOVER DAMAGES 2 FOR INJURY TO PERSON OR PROPERTY WHICH IS FOUNDED ON 3 NEGLIGENT, INTENTIONAL, OR OTHERWISE TORTIOUS CONDUCT OR ANY 4 OTHER ACTION OR PROCEEDING SOUNDING IN TRESPASS, INCLUDING 5 DECEIT OR FRAUD, EXCEPT AN ACTION OR PROCEEDING SUBJECT TO 6 ANOTHER LIMITATION SPECIFIED IN THIS SUBCHAPTER. 7 [(8) AN ACTION TO RECOVER DAMAGES FOR INJURY TO A PERSON 8 OR FOR THE DEATH OF A PERSON CAUSED BY EXPOSURE TO ASBESTOS 9 SHALL BE COMMENCED WITHIN TWO YEARS FROM THE DATE ON WHICH 10 THE PERSON IS INFORMED BY A LICENSED PHYSICIAN THAT THE 11 PERSON HAS BEEN INJURED BY SUCH EXPOSURE OR UPON THE DATE ON 12 WHICH THE PERSON KNEW OR IN THE EXERCISE OF REASONABLE 13 DILIGENCE SHOULD HAVE KNOWN THAT THE PERSON HAD AN INJURY 14 WHICH WAS CAUSED BY SUCH EXPOSURE, WHICHEVER DATE OCCURS 15 FIRST.] 16 SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: 17 § 5524.1. LIMITATION AND APPLICATION FOR ASBESTOS CLAIMS. 18 (A) GENERAL RULE.--AN ACTION TO RECOVER DAMAGES FOR INJURY 19 TO A PERSON OR FOR THE DEATH OF A PERSON CAUSED BY EXPOSURE TO 20 ASBESTOS SHALL BE COMMENCED WITHIN TWO YEARS FROM THE DATE ON 21 WHICH THE PERSON IS INFORMED BY A LICENSED PHYSICIAN THAT THE 22 PERSON HAS BEEN INJURED BY SUCH EXPOSURE OR UPON THE DATE ON 23 WHICH THE PERSON KNEW OR IN THE EXERCISE OF REASONABLE DILIGENCE 24 SHOULD HAVE KNOWN THAT THE PERSON HAD AN INJURY WHICH WAS CAUSED 25 BY SUCH EXPOSURE, WHICHEVER DATE OCCURS FIRST. 26 (B) APPLICABILITY.--THE LIMITATIONS SET FORTH IN 15 PA.C.S. 27 § 1929.1(A) AND (B) (RELATING TO LIMITATIONS ON ASBESTOS-RELATED 28 LIABILITIES RELATING TO CERTAIN MERGERS OR CONSOLIDATIONS) SHALL 29 NOT APPLY TO AN ASBESTOS CLAIM FOR WHICH THE APPLICABLE PERIOD 30 OF LIMITATION COMMENCED ON OR BEFORE DECEMBER 17, 2001. 20030S0092B1995 - 17 -
1 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ASBESTOS 2 CLAIM" SHALL HAVE THE MEANING AS SET FORTH IN 15 PA.C.S. § 3 1929.1(E). 4 Section 3 5. Section 8103(a), (b), (c)(3) and (5), (e) and <-- 5 (g) of Title 42 are amended and the section is amended by adding 6 subsections to read: 7 § 8103. Deficiency judgments. 8 (a) General rule.--Whenever any real property is sold, 9 directly or indirectly, to the judgment creditor in execution 10 proceedings and the price for which such property has been sold 11 is not sufficient to satisfy the amount of the judgment, 12 interest and costs and the judgment creditor seeks to collect 13 the balance due on said judgment, interest and costs, the 14 judgment creditor shall petition the court to fix the fair 15 market value of the real property sold. The petition shall be 16 filed as a supplementary proceeding in the matter in which the 17 judgment was entered. If the judgment was transferred from the 18 county in which it was entered to the county where the execution 19 sale was held, the judgment shall be deemed entered in the 20 county in which the sale took place. 21 (b) Effect of failure to give notice.--Any debtor[, obligor, 22 guarantor, mortgagor, and any other person directly or 23 indirectly liable to the judgment creditor for the payment of 24 the debt,] and any owner of the property affected thereby, who 25 is neither named in the petition nor served with a copy thereof 26 or notice of the filing thereof as prescribed by general rule, 27 shall be deemed to be discharged from all personal liability to 28 the judgment creditor on the debt, interest and costs, but any 29 such failure to name such person in the petition or to serve the 30 petition or notice of the filing thereof shall not prevent 20030S0092B1995 - 18 -
1 proceedings against any respondent named and served. 2 (c) Action on petition.-- 3 * * * 4 (3) If an answer is filed alleging as the fair market 5 value an amount in excess of the fair market value of the 6 property as averred in the petition, the judgment creditor 7 may agree to accept as the fair market value of the property 8 the value set up in the answer and in such case may file a 9 stipulation releasing the debtors[, obligors and guarantors, 10 and any other persons liable directly or indirectly for the 11 debt,] and the owners of the property affected thereby, from 12 personal liability to the judgment creditor to the extent of 13 the fair market value as averred in the answer, less the 14 amount of any prior liens, costs, taxes and municipal claims 15 not discharged by the sale, and also less the amount of any 16 such items paid at distribution on the sale. 17 * * * 18 (5) After the hearing, if any, and the determination by 19 the court under paragraph (1), (2) or (4) of the fair market 20 value of the property sold, then, except as otherwise 21 provided in subsection (f), the debtor[, obligor, guarantor 22 and any other person liable directly or indirectly to the 23 judgment creditor for the payment of the debt] shall be 24 released and discharged of such liability to the judgment 25 creditor to the extent of the fair market value of said 26 property determined by the court, less the amount of all 27 prior liens, costs, taxes and municipal claims not discharged 28 by the sale, and also less the amount of any such items paid 29 at the distribution on the sale, and shall also be released 30 and discharged of such liability to the extent of any amount 20030S0092B1995 - 19 -
1 by which the sale price, less such prior liens, costs, taxes 2 and municipal claims, exceeds the fair market value as agreed 3 to by the judgment creditor or fixed and determined by the 4 court as provided in this subsection, and thereupon the 5 judgment creditor may proceed by appropriate proceedings to 6 collect the balance of the debt. 7 * * * 8 (e) Waiver of benefit of section prohibited.--Any agreement 9 made by any debtor[, obligor, surety or guarantor] at any time, 10 either before or after or at the time of incurring any 11 obligation, to waive the benefits of this section or to release 12 any obligee from compliance with the provisions hereof shall be 13 void. 14 * * * 15 (f.1) Collateral located in more than one county.-- 16 (1) If the real property collateral is located in more 17 than one county in this Commonwealth, a judgment creditor may 18 elect not to file a valuation petition in the court in each 19 of such counties as provided under subsection (a) and shall 20 not be subject to the penalties for failure to file the 21 petition under subsection (d), if the judgment creditor is a 22 nonconsumer judgment creditor and the provisions of 23 paragraphs (2) and (3) are satisfied. 24 (2) The judgment creditor shall petition the deficiency 25 court to determine and fix the fair market value of all of 26 the real property collateral as provided under subsection 27 (c)(1), (2), (3) and (4). The value shall be determined on a 28 parcel-by-parcel basis, and the amount so fixed for each 29 parcel comprising the real property collateral shall be the 30 fair market value for the parcel for all purposes under this 20030S0092B1995 - 20 -
1 subsection unless redetermined as provided in paragraph (4). 2 (3) The determination of the fair market value of the 3 real property collateral by the deficiency court, as provided 4 in paragraph (2), shall be made before an execution sale is 5 held with respect to any of the real property collateral. 6 (4) (i) If the execution sale of a parcel of real 7 property is concluded and the judgment creditor is the 8 purchaser of the parcel at the sale, then either the 9 judgment creditor or the debtor may file a petition with 10 the deficiency court seeking a redetermination of the 11 fair market value of the parcel provided the petition is 12 filed within the six month period established under 13 section 5522(b)(6). 14 (ii) If the petition is filed in a timely manner, 15 the deficiency court shall redetermine the fair market 16 value of the parcel in the manner provided in subsection 17 (c)(1), (2), (3) and (4). The redetermined value shall be 18 the fair market value of the parcel for all purposes 19 under this subsection. 20 (iii) The filing of the petition for the 21 redetermination shall not limit or affect the judgment 22 creditor's ability to execute on the real property 23 collateral unless and until the value is redetermined by 24 the court. However, where the debtor alleges in its 25 petition that an appropriate redetermination of value by 26 the court with respect to property that has already been 27 sold to the judgment creditor at an execution sale would 28 be sufficient to satisfy the judgment in full, the 29 deficiency court may issue a stay of further execution 30 proceedings, pending the court's ruling on the petition 20030S0092B1995 - 21 -
1 for redetermination of value. 2 (5) In cases subject to this subsection, the debtor 3 shall be released and discharged from liability for the 4 payment of the debt in the manner provided in subsection 5 (c)(5) to the extent of: 6 (i) the fair market value determined by the 7 deficiency court of all real property collateral 8 purchased by the judgment creditor in execution 9 proceedings on the judgment less the deductible items 10 described in subsection (c)(5); and 11 (ii) the amount distributed to the judgment creditor 12 as a result of the sale of the real property collateral 13 purchased in the proceedings by third parties. 14 (f.2) Foreign collateral.-- 15 (1) No deficiency court shall have the power to fix the 16 fair market value of real property located outside this 17 Commonwealth and may not take into account the value of that 18 property in considering whether or not a deficiency exists 19 under this section. 20 (2) This section shall not apply to the sale of any real 21 property located outside this Commonwealth. 22 (g) Definitions.--As used in this section, the following 23 words and phrases shall have the meanings given to them in this 24 subsection: 25 "Adjusted value." The assessed value of a parcel of real 26 property collateral determined for real estate tax purposes 27 times the applicable common level ratio factor published by the 28 State Tax Equalization Board. 29 "Consumer credit transaction." A credit transaction in which 30 the party to whom credit is offered or extended is a natural 20030S0092B1995 - 22 -
1 person and the money, property or services which are the subject 2 of the transaction are primarily for personal, family or 3 household purposes. 4 "Debtor." A debtor, obligor, guarantor, surety and any other 5 person liable directly or indirectly to a judgment creditor for 6 the payment of a debt. 7 "Deficiency court." With respect to cases covered by 8 subsection (f.1), the court of common pleas located in the 9 county where the highest adjusted value land is located. 10 "Highest adjusted value land." The real property collateral 11 located in a county that has a higher aggregate adjusted value 12 than real property collateral located in any other county. 13 "Judgment." The judgment which was enforced by the execution 14 proceedings referred to in subsection (a), whether that judgment 15 is a judgment in personam such as a judgment requiring the 16 payment of money or a judgment de terris or in rem such as a 17 judgment entered in an action of mortgage foreclosure or a 18 judgment entered in an action or proceeding upon a mechanic's 19 lien, a municipal claim, a tax lien or a charge on land. 20 "Judgment creditor." The holder of the judgment which was 21 enforced by the execution proceedings. 22 "Nonconsumer judgment creditor." Any judgment creditor 23 except a judgment creditor whose judgment was entered with 24 respect to a consumer credit transaction. 25 "Nonrecourse portion of the obligation." The portion as to 26 which the judgment creditor's recourse is limited to the 27 mortgaged property or other specified assets of the debtor which 28 are less than all of such assets. 29 "Partial recourse obligation." An obligation which includes 30 both a nonrecourse portion and a recourse portion. 20030S0092B1995 - 23 -
1 "Real property collateral." All of the real property subject 2 to a lien securing the obligation evidenced by the judgment and 3 located within this Commonwealth. 4 "Recourse portion of the obligation." All of the obligation 5 except the nonrecourse portion thereof. 6 "Valuation petition." A petition to fix the fair market 7 value of real property sold as required by subsection (a). 8 Section 4 6. Section 8951 of Title 42 is amended to read: <-- 9 § 8951. Definitions. 10 The following words and phrases when used in this subchapter 11 shall have, unless the context clearly indicates otherwise, the 12 meanings given to them in this section: 13 "Chief law enforcement officer." The head of a duly 14 constituted municipal law enforcement agency which regularly 15 provides primary police services to a political subdivision or, 16 in the absence of any such municipal law enforcement agency, the 17 commanding officer of the Pennsylvania State Police installation 18 which regularly provides primary police services to the 19 political subdivision. 20 "Municipal police officer." Any natural person who is 21 properly employed by a municipality, including a home rule 22 municipality, as a regular full-time or part-time police 23 officer. 24 "Primary jurisdiction." The geographical area within the 25 territorial limits of a municipality or any lawful combination 26 of municipalities which employs a municipal police officer[.] 27 and in the case of a county of the third class that has 28 established a county park police force in accordance with the 29 provisions of section 2511 of the act of August 9, 1955 30 (P.L.323, No.130), known as The County Code, the geographical 20030S0092B1995 - 24 -
1 area designated by ordinance of its board of county 2 commissioners as the jurisdictional area for the county park 3 police. 4 "Training law." The act of June 18, 1974 (P.L.359, No.120), 5 referred to as the Municipal Police Education and Training Law. 6 Section 5. Sections 501, 502, 503, 504, 511 and 513 of the <-- 7 act of April 6, 1951 (P.L.69, No.20), known as The Landlord and 8 Tenant Act of 1951, are repealed. 9 Section 6. The addition of 42 Pa.C.S. Ch. 64 62 is a <-- 10 codification of sections 501, 502, 503, 504, 511 and 513 of the 11 act of April 6, 1951 (P.L.69, No.20), known as The Landlord and 12 Tenant Act of 1951. The following apply: 13 (1) The following provisions shall apply to actions 14 commenced on or after the effective date of this section: 15 (i) The addition of 42 Pa.C.S. Ch. 64 62. <-- 16 (ii) Section 3 of this act. 17 (2) Actions pending on the effective date of this 18 section shall be completed under the former sections 501, 19 502, 503, 504, 511 and 513 of The Landlord and Tenant Act of 20 1951. 21 (3) Except as set forth in paragraph (4), any difference 22 in language between 42 Pa.C.S. Ch. 64 62 and sections 501, <-- 23 502, 503, 504, 511 and 513 of The Landlord and Tenant Act of 24 1951 is intended only to conform to the style of the 25 Pennsylvania Consolidated Statutes and is not intended to 26 change or affect the legislative intent, judicial 27 construction or administration and implementation of sections 28 501, 502, 503, 504, 511 and 513 of The Landlord and Tenant 29 Act of 1951. 30 (4) Paragraph (3) does not apply to the addition of 42 <-- 20030S0092B1995 - 25 -
1 Pa.C.S. § 6403(b), (c), (d) and (e). 2 (4) PARAGRAPH (3) DOES NOT APPLY TO THE ADDITION OF ANY <-- 3 OF THE FOLLOWING PROVISIONS OF TITLE 42: 4 (I) SECTION 6202(A)(1) AND (B). 5 (II) SECTION 6203(B), (C), (D), (E) AND (F). 6 Section 7. This act shall take effect as follows: 7 (1) This section shall take effect immediately. 8 (2) The following provisions shall take effect in 60 9 days: 10 (i) The amendment of 42 Pa.C.S. § 5522(b). 11 (ii) The amendment or addition of 42 Pa.C.S § 12 8103(a), (b), (c)(3) and (5), (e), (f.1), (f.2) and (g). 13 (iii) The amendment of 42 Pa.C.S. § 8951. 14 (3) The remainder of this act shall take effect in 120 15 days. 16 SECTION 7. THE DEFINITIONS OF "EMPLOYED," "PREDATORY" AND <-- 17 "SEXUALLY VIOLENT PREDATOR" IN SECTION 9792 OF TITLE 42 ARE 18 AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO 19 READ: 20 § 9792. DEFINITIONS. 21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER 22 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 23 CONTEXT CLEARLY INDICATES OTHERWISE: 24 "ACTIVE NOTIFICATION." NOTIFICATION PURSUANT TO SECTION 9798 25 (RELATING TO OTHER NOTIFICATION) OR ANY PROCESS WHEREBY LAW 26 ENFORCEMENT, PURSUANT TO THE LAWS OF THE UNITED STATES OR ONE OF 27 ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF 28 COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION, 29 NOTIFIES PERSONS IN THE COMMUNITY IN WHICH THE INDIVIDUAL 30 RESIDES, INCLUDING ANY PERSON IDENTIFIED IN SECTION 9798(B), OF 20030S0092B1995 - 26 -
1 THE RESIDENCE, EMPLOYMENT OR SCHOOL LOCATION OF THE INDIVIDUAL. 2 "APPROVED REGISTRATION SITE." A SITE IN THIS COMMONWEALTH 3 APPROVED BY THE PENNSYLVANIA STATE POLICE AS REQUIRED BY SECTION 4 9799.1(2) (RELATING TO DUTIES OF PENNSYLVANIA STATE POLICE): 5 (1) AT WHICH INDIVIDUALS SUBJECT TO THIS SUBCHAPTER MAY 6 REGISTER, VERIFY INFORMATION OR BE FINGERPRINTED OR 7 PHOTOGRAPHED AS REQUIRED BY THIS SUBCHAPTER; 8 (2) WHICH IS CAPABLE OF SUBMITTING FINGERPRINTS 9 UTILIZING THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION 10 SYSTEM OR IN ANOTHER MANNER AND IN SUCH FORM AS THE 11 PENNSYLVANIA STATE POLICE SHALL REQUIRE; AND 12 (3) WHICH IS CAPABLE OF SUBMITTING PHOTOGRAPHS UTILIZING 13 THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN ANOTHER MANNER 14 AND IN SUCH FORM AS THE PENNSYLVANIA STATE POLICE SHALL 15 REQUIRE. 16 * * * 17 "COMMON INTEREST COMMUNITY." INCLUDES A COOPERATIVE, A 18 CONDOMINIUM AND A PLANNED COMMUNITY WHERE AN INDIVIDUAL, BY 19 VIRTUE OF AN OWNERSHIP INTEREST IN ANY PORTION OF REAL ESTATE, 20 IS OR MAY BECOME OBLIGATED BY COVENANT, EASEMENT OR AGREEMENT 21 IMPOSED UPON THE OWNER'S INTEREST TO PAY ANY AMOUNT FOR REAL 22 PROPERTY TAXES, INSURANCE, MAINTENANCE, REPAIR, IMPROVEMENT, 23 MANAGEMENT, ADMINISTRATION OR REGULATION OF ANY PART OF THE REAL 24 ESTATE OTHER THAN THE PORTION OR INTEREST OWNED SOLELY BY THE 25 INDIVIDUAL. 26 "COMMONWEALTH PHOTO IMAGING NETWORK." THE COMPUTER NETWORK 27 ADMINISTERED BY THE COMMONWEALTH AND USED TO RECORD AND STORE 28 DIGITAL PHOTOGRAPHS OF AN INDIVIDUAL'S FACE AND ANY SCARS, 29 MARKS, TATTOOS OR OTHER UNIQUE FEATURES OF THE INDIVIDUAL. 30 "EMPLOYED." INCLUDES A VOCATION OR EMPLOYMENT THAT IS FULL- 20030S0092B1995 - 27 -
1 TIME OR PART-TIME FOR A PERIOD OF TIME EXCEEDING 14 DAYS OR FOR 2 AN AGGREGATE PERIOD OF TIME EXCEEDING 30 DAYS DURING ANY 3 CALENDAR YEAR, WHETHER FINANCIALLY COMPENSATED, VOLUNTEERED, 4 PURSUANT TO A CONTRACT OR FOR THE PURPOSE OF GOVERNMENT OR 5 EDUCATIONAL BENEFIT. 6 * * * 7 "INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM." 8 THE NATIONAL FINGERPRINT AND CRIMINAL HISTORY SYSTEM MAINTAINED 9 BY THE FEDERAL BUREAU OF INVESTIGATION PROVIDING AUTOMATED 10 FINGERPRINT SEARCH CAPABILITIES, LATENT SEARCHING CAPABILITY, 11 ELECTRONIC IMAGE STORAGE AND ELECTRONIC EXCHANGE OF FINGERPRINTS 12 AND RESPONSES. 13 * * * 14 "PASSIVE NOTIFICATION." NOTIFICATION PURSUANT TO SECTION 15 9798.1 (RELATING TO INFORMATION MADE AVAILABLE ON THE INTERNET) 16 OR ANY PROCESS WHEREBY PERSONS, PURSUANT TO THE LAWS OF THE 17 UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER 18 STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO 19 OR A FOREIGN NATION ARE ABLE TO ACCESS INFORMATION PERTAINING TO 20 AN INDIVIDUAL AS A RESULT OF THE INDIVIDUAL HAVING BEEN 21 CONVICTED OR SENTENCED BY A COURT FOR AN OFFENSE SIMILAR TO AN 22 OFFENSE LISTED IN SECTION 9795.1 (RELATING TO REGISTRATION). 23 * * * 24 "PREDATORY." AN ACT DIRECTED AT A STRANGER OR AT A PERSON 25 WITH WHOM A RELATIONSHIP HAS BEEN [ESTABLISHED OR PROMOTED FOR 26 THE PRIMARY PURPOSE OF] INITIATED, ESTABLISHED, MAINTAINED OR 27 PROMOTED, IN WHOLE OR IN PART, IN ORDER TO FACILITATE OR SUPPORT 28 VICTIMIZATION. 29 * * * 30 "SEXUALLY VIOLENT PREDATOR." A PERSON WHO HAS BEEN CONVICTED 20030S0092B1995 - 28 -
1 OF A SEXUALLY VIOLENT OFFENSE AS SET FORTH IN SECTION 9795.1 2 (RELATING TO REGISTRATION) AND WHO IS DETERMINED TO BE A 3 SEXUALLY VIOLENT PREDATOR UNDER SECTION 9795.4 (RELATING TO 4 ASSESSMENTS) DUE TO A MENTAL ABNORMALITY OR PERSONALITY DISORDER 5 THAT MAKES THE PERSON LIKELY TO ENGAGE IN PREDATORY SEXUALLY 6 VIOLENT OFFENSES. THE TERM INCLUDES AN INDIVIDUAL DETERMINED TO 7 BE A SEXUALLY VIOLENT PREDATOR WHERE THE DETERMINATION OCCURRED 8 IN [ANOTHER STATE, TERRITORY, FEDERAL COURT, THE DISTRICT OF 9 COLUMBIA OR BY COURT MARTIAL.] THE UNITED STATES OR ONE OF ITS 10 TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF 11 COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, A FOREIGN NATION OR 12 BY COURT MARTIAL. 13 * * * 14 SECTION 8. SECTIONS 9795.1(A)(1) AND 9795.2 OF TITLE 42 ARE 15 AMENDED TO READ: 16 § 9795.1. REGISTRATION. 17 (A) TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL 18 BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A 19 PERIOD OF TEN YEARS: 20 (1) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING 21 OFFENSES: 22 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE 23 VICTIM IS A MINOR. 24 18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A 25 MOTOR VEHICLE). 26 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL 27 ASSAULT). 28 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT) 29 WHERE THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE. 30 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE 20030S0092B1995 - 29 -
1 VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF 2 AGE. 3 18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND 4 RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE 5 PROSTITUTION OF A MINOR. 6 18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO 7 OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES) 8 WHERE THE VICTIM IS A MINOR. 9 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF 10 CHILDREN). 11 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT WITH 12 MINOR). 13 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF 14 CHILDREN). 15 * * * 16 § 9795.2. REGISTRATION PROCEDURES AND APPLICABILITY. 17 (A) REGISTRATION.-- 18 (1) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL BE 19 REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UPON 20 RELEASE FROM INCARCERATION, UPON PAROLE FROM A STATE OR 21 COUNTY CORRECTIONAL INSTITUTION OR UPON THE COMMENCEMENT OF A 22 SENTENCE OF INTERMEDIATE PUNISHMENT OR PROBATION. FOR 23 PURPOSES OF REGISTRATION, OFFENDERS AND SEXUALLY VIOLENT 24 PREDATORS SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH 25 ALL CURRENT OR INTENDED RESIDENCES, ALL INFORMATION 26 CONCERNING CURRENT OR INTENDED EMPLOYMENT AND ALL INFORMATION 27 CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT. 28 (2) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL 29 INFORM THE PENNSYLVANIA STATE POLICE WITHIN TEN DAYS OF: 30 (I) ANY CHANGE OF RESIDENCE OR ESTABLISHMENT OF AN 20030S0092B1995 - 30 -
1 ADDITIONAL RESIDENCE OR RESIDENCES. 2 (II) ANY CHANGE OF EMPLOYER OR EMPLOYMENT LOCATION 3 FOR A PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN 4 AGGREGATE PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING 5 ANY CALENDAR YEAR, OR TERMINATION OF EMPLOYMENT. 6 (III) ANY CHANGE OF INSTITUTION OR LOCATION AT WHICH 7 THE PERSON IS ENROLLED AS A STUDENT, OR TERMINATION OF 8 ENROLLMENT. 9 (IV) BECOMING EMPLOYED OR ENROLLED AS A STUDENT IF 10 THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT INFORMATION 11 TO THE PENNSYLVANIA STATE POLICE. 12 (2.1) REGISTRATION WITH A NEW LAW ENFORCEMENT AGENCY 13 SHALL OCCUR NO LATER THAN TEN DAYS AFTER ESTABLISHING 14 RESIDENCE IN ANOTHER STATE. 15 (3) THE TEN-YEAR REGISTRATION PERIOD REQUIRED IN SECTION 16 9795.1(A) (RELATING TO REGISTRATION) SHALL BE TOLLED WHEN AN 17 OFFENDER IS RECOMMITTED FOR A PAROLE VIOLATION OR SENTENCED 18 TO AN ADDITIONAL TERM OF IMPRISONMENT. IN SUCH CASES, THE 19 DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL FACILITY 20 SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OF THE ADMISSION 21 OF THE OFFENDER. 22 (4) THIS PARAGRAPH SHALL APPLY TO ALL OFFENDERS AND 23 SEXUALLY VIOLENT PREDATORS: 24 (I) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR 25 WAS GRANTED PAROLE BY THE PENNSYLVANIA BOARD OF PROBATION 26 AND PAROLE OR THE COURT OR IS SENTENCED TO PROBATION OR 27 INTERMEDIATE PUNISHMENT, THE BOARD OR COUNTY OFFICE OF 28 PROBATION AND PAROLE SHALL COLLECT REGISTRATION 29 INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT 30 PREDATOR AND FORWARD THAT REGISTRATION INFORMATION TO THE 20030S0092B1995 - 31 -
1 PENNSYLVANIA STATE POLICE. THE DEPARTMENT OF CORRECTIONS 2 OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE 3 OFFENDER OR SEXUALLY VIOLENT PREDATOR UNTIL IT RECEIVES 4 VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT IT 5 HAS RECEIVED THE REGISTRATION INFORMATION. VERIFICATION 6 BY THE PENNSYLVANIA STATE POLICE MAY OCCUR BY ELECTRONIC 7 MEANS, INCLUDING E-MAIL OR FACSIMILE TRANSMISSION. WHERE 8 THE OFFENDER OR SEXUALLY VIOLENT PREDATOR IS SCHEDULED TO 9 BE RELEASED FROM A STATE CORRECTIONAL FACILITY OR COUNTY 10 CORRECTIONAL FACILITY BECAUSE OF THE EXPIRATION OF THE 11 MAXIMUM TERM OF INCARCERATION, THE DEPARTMENT OF 12 CORRECTIONS OR COUNTY CORRECTIONAL FACILITY SHALL COLLECT 13 THE INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT 14 PREDATOR NO LATER THAN TEN DAYS PRIOR TO THE MAXIMUM 15 EXPIRATION DATE. THE REGISTRATION INFORMATION SHALL BE 16 FORWARDED TO THE PENNSYLVANIA STATE POLICE. 17 (II) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR 18 SCHEDULED TO BE RELEASED FROM A STATE CORRECTIONAL 19 FACILITY OR COUNTY CORRECTIONAL FACILITY DUE TO THE 20 MAXIMUM EXPIRATION DATE REFUSES TO PROVIDE THE 21 REGISTRATION INFORMATION, THE DEPARTMENT OF CORRECTIONS 22 OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE 23 PENNSYLVANIA STATE POLICE OR POLICE DEPARTMENT WITH 24 JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE 25 REGISTRATION INFORMATION AND OF THE EXPECTED DATE, TIME 26 AND LOCATION OF THE RELEASE OF THE OFFENDER OR SEXUALLY 27 VIOLENT PREDATOR. 28 (B) INDIVIDUALS CONVICTED OR SENTENCED BY A COURT OR 29 ADJUDICATED DELINQUENT IN JURISDICTIONS OUTSIDE THIS 30 COMMONWEALTH OR SENTENCED BY COURT MARTIAL.-- 20030S0092B1995 - 32 -
1 [(1) THE REGISTRATION REQUIREMENTS OF THIS SUBCHAPTER 2 SHALL APPLY TO INDIVIDUALS CONVICTED OF AN EQUIVALENT OFFENSE 3 LISTED IN SECTION 9795.1 WHERE THE CONVICTION OCCURRED [IN 4 ANOTHER STATE, TERRITORY, FEDERAL COURT OR THE DISTRICT OF 5 COLUMBIA OR WHERE THE INDIVIDUAL WAS SENTENCED BY COURT 6 MARTIAL, OR WHERE THE INDIVIDUAL WAS REQUIRED TO REGISTER 7 UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION WHERE THE 8 INDIVIDUAL WAS CONVICTED AND THE INDIVIDUAL: 9 (I) RESIDES IN THIS COMMONWEALTH; OR 10 (II) IS EMPLOYED OR IS A STUDENT IN THIS 11 COMMONWEALTH. 12 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS 13 SUBSECTION SHALL REGISTER WITHIN TEN DAYS OF HIS ARRIVAL IN 14 THIS COMMONWEALTH. 15 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS 16 SUBSECTION WHO IS PAROLED TO THE COMMONWEALTH PURSUANT TO THE 17 INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES AND 18 PROBATIONERS SHALL, IN ADDITION TO THE REQUIREMENTS OF THIS 19 SUBCHAPTER, BE SUBJECT TO THE REQUIREMENTS OF SECTION 33 OF 20 THE ACT OF AUGUST 6, 1941 (P.L.861, NO.323), REFERRED TO AS 21 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE LAW.] 22 (4) AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A 23 STUDENT IN THIS COMMONWEALTH AND WHO HAS BEEN CONVICTED OF OR 24 SENTENCED BY A COURT OR COURT MARTIALED FOR A SEXUALLY 25 VIOLENT OFFENSE OR A SIMILAR OFFENSE UNDER THE LAWS OF THE 26 UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, 27 ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF 28 PUERTO RICO OR A FOREIGN NATION, OR WHO WAS REQUIRED TO 29 REGISTER UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION 30 WHERE CONVICTED, SENTENCED OR COURT MARTIALED, SHALL REGISTER 20030S0092B1995 - 33 -
1 AT AN APPROVED REGISTRATION SITE WITHIN TEN DAYS OF THE 2 INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH. THE PROVISIONS OF 3 THIS SUBCHAPTER SHALL APPLY TO THE INDIVIDUAL AS FOLLOWS: 4 (I) IF THE INDIVIDUAL HAS BEEN CLASSIFIED AS A 5 SEXUALLY VIOLENT PREDATOR AS DEFINED IN SECTION 9792 6 (RELATING TO DEFINITIONS) OR DETERMINED UNDER THE LAWS OF 7 THE OTHER JURISDICTION OR BY REASON OF COURT MARTIAL, TO 8 BE SUBJECT TO ACTIVE NOTIFICATION AND LIFETIME 9 REGISTRATION ON THE BASIS OF A STATUTORILY AUTHORIZED 10 ADMINISTRATIVE OR JUDICIAL DECISION OR ON THE BASIS OF A 11 STATUTE OR ADMINISTRATIVE RULE REQUIRING ACTIVE 12 NOTIFICATION AND LIFETIME REGISTRATION BASED SOLELY ON 13 THE OFFENSE FOR WHICH THE INDIVIDUAL WAS CONVICTED, 14 SENTENCED OR COURT MARTIALED, THE INDIVIDUAL SHALL, 15 NOTWITHSTANDING SECTION 9792, BE CONSIDERED A SEXUALLY 16 VIOLENT PREDATOR AND SUBJECT TO LIFETIME REGISTRATION 17 PURSUANT TO SECTION 9795.1(B) (RELATING TO REGISTRATION). 18 THE INDIVIDUAL SHALL ALSO BE SUBJECT TO THE PROVISIONS OF 19 THIS SECTION AND SECTIONS 9796 (RELATING TO VERIFICATION 20 OF RESIDENCE), 9798 (RELATING TO OTHER NOTIFICATION) AND 21 9798.1(C)(1) (RELATING TO INFORMATION MADE AVAILABLE ON 22 THE INTERNET), EXCEPT THAT THE INDIVIDUAL SHALL NOT BE 23 REQUIRED TO RECEIVE COUNSELING UNLESS REQUIRED TO DO SO 24 BY THE OTHER JURISDICTION OR BY REASON OF COURT MARTIAL. 25 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND 26 (IV), IF THE INDIVIDUAL HAS BEEN CONVICTED OR SENTENCED 27 BY A COURT OR COURT MARTIALED FOR AN OFFENSE LISTED IN 28 SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE 29 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE 30 CONSIDERED AN OFFENDER AND BE SUBJECT TO LIFETIME 20030S0092B1995 - 34 -
1 REGISTRATION PURSUANT TO 9795.1(B). THE INDIVIDUAL SHALL 2 ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION AND 3 SECTIONS 9796 AND 9798.1(C)(2). 4 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II), 5 (IV) AND (V), IF THE INDIVIDUAL HAS BEEN CONVICTED OR 6 SENTENCED BY A COURT OR COURT MARTIALED FOR AN OFFENSE 7 LISTED IN SECTION 9795.1(A) OR AN EQUIVALENT OFFENSE, THE 8 INDIVIDUAL SHALL BE, NOTWITHSTANDING SECTION 9792, 9 CONSIDERED AN OFFENDER AND SUBJECT TO REGISTRATION 10 PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL SHALL ALSO BE 11 SUBJECT TO THE PROVISIONS OF THIS SECTION AND SECTIONS 12 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO 13 THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A PERIOD 14 OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS 15 REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR 16 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL, 17 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE 18 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH 19 REGISTRATION REQUIREMENTS. 20 (IV) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) AND 21 NOTWITHSTANDING SUBPARAGRAPH (V), IF THE INDIVIDUAL IS 22 SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER JURISDICTION, 23 OR SUBJECT TO ACTIVE NOTIFICATION BY REASON OF COURT 24 MARTIAL, THE INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 25 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO THIS 26 SECTION AND SECTIONS 9796, 9798 AND 9798.1(C)(1). IF THE 27 INDIVIDUAL WAS CONVICTED OF OR SENTENCED IN THE OTHER 28 JURISDICTION OR SENTENCED BY COURT MARTIAL FOR AN OFFENSE 29 LISTED IN SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE 30 INDIVIDUAL SHALL BE SUBJECT TO THIS SUBCHAPTER FOR THE 20030S0092B1995 - 35 -
1 INDIVIDUAL'S LIFETIME. IF THE INDIVIDUAL WAS CONVICTED OF 2 OR SENTENCED IN THE OTHER JURISDICTION OR SENTENCED BY 3 COURT MARTIAL FOR AN OFFENSE LISTED IN SECTION 9795.1(A) 4 OR AN EQUIVALENT OFFENSE, THE INDIVIDUAL SHALL BE SUBJECT 5 TO THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A 6 PERIOD OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL 7 WAS REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR 8 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL, 9 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE 10 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH 11 REGISTRATION REQUIREMENTS. OTHERWISE, THE INDIVIDUAL 12 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME 13 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED 14 TO REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO 15 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE 16 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH 17 REGISTRATION REQUIREMENTS. 18 (V) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II), 19 (III) AND (IV), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE 20 NOTIFICATION IN THE OTHER JURISDICTION OR SUBJECT TO 21 PASSIVE NOTIFICATION BY REASON OF COURT MARTIAL, THE 22 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE 23 CONSIDERED AN OFFENDER AND SUBJECT TO THIS SECTION AND 24 SECTIONS 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE 25 SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO 26 THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED TO 27 REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO 28 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE 29 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH 30 REGISTRATION REQUIREMENTS. 20030S0092B1995 - 36 -
1 (5) NOTWITHSTANDING THE PROVISIONS OF CHAPTER 63 2 (RELATING TO JUVENILE MATTERS) AND EXCEPT AS PROVIDED IN 3 PARAGRAPH (4), AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A 4 STUDENT IN THIS COMMONWEALTH AND WHO IS REQUIRED TO REGISTER 5 AS A SEX OFFENDER UNDER THE LAWS OF THE UNITED STATES OR ONE 6 OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE 7 DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A 8 FOREIGN NATION AS A RESULT OF A JUVENILE ADJUDICATION SHALL 9 REGISTER AT AN APPROVED REGISTRATION SITE WITHIN TEN DAYS OF 10 THE INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH. THE PROVISIONS 11 OF THIS SUBCHAPTER SHALL APPLY TO THE INDIVIDUAL AS FOLLOWS: 12 (I) IF THE INDIVIDUAL HAS BEEN CLASSIFIED AS A 13 SEXUALLY VIOLENT PREDATOR AS DEFINED IN SECTION 9792 OR 14 DETERMINED, UNDER THE LAWS OF THE OTHER JURISDICTION TO 15 BE SUBJECT TO ACTIVE NOTIFICATION AND LIFETIME 16 REGISTRATION ON THE BASIS OF A STATUTORILY AUTHORIZED 17 ADMINISTRATIVE OR JUDICIAL DECISION, OR ON THE BASIS OF A 18 STATUTE OR ADMINISTRATIVE RULE REQUIRING ACTIVE 19 NOTIFICATION AND LIFETIME REGISTRATION BASED SOLELY ON 20 THE OFFENSE FOR WHICH THE INDIVIDUAL WAS ADJUDICATED, THE 21 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE 22 CONSIDERED A SEXUALLY VIOLENT PREDATOR AND SUBJECT TO 23 LIFETIME REGISTRATION PURSUANT TO SECTION 9795.1(B). THE 24 INDIVIDUAL SHALL ALSO BE SUBJECT TO THE PROVISIONS OF 25 THIS SECTION AND SECTIONS 9796 AND 9798.1(C)(1), EXCEPT 26 THAT THE INDIVIDUAL SHALL NOT BE REQUIRED TO RECEIVE 27 COUNSELING UNLESS REQUIRED TO DO SO BY THE OTHER 28 JURISDICTION. 29 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I), IF THE 30 INDIVIDUAL IS SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER 20030S0092B1995 - 37 -
1 JURISDICTION, THE INDIVIDUAL SHALL, NOTWITHSTANDING 2 SECTION 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO 3 REGISTRATION PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL 4 SHALL ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION 5 AND SECTIONS 9796, 9798 AND 9798.1(C)(1). THE INDIVIDUAL 6 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME 7 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED 8 TO REGISTER IN THE OTHER JURISDICTION, LESS ANY CREDIT 9 DUE TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE 10 WITH REGISTRATION REQUIREMENTS. 11 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND 12 (II), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE 13 NOTIFICATION IN THE OTHER JURISDICTION, THE INDIVIDUAL 14 SHALL, NOTWITHSTANDING SECTION 9792, BE CONSIDERED AN 15 OFFENDER AND BE SUBJECT TO THIS SECTION AND SECTIONS 9796 16 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO THIS 17 SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO THE TIME FOR 18 WHICH THE INDIVIDUAL WAS REQUIRED TO REGISTER IN THE 19 OTHER JURISDICTION, LESS ANY CREDIT DUE TO THE INDIVIDUAL 20 AS A RESULT OF PRIOR REGISTRATION COMPLIANCE. 21 (C) REGISTRATION INFORMATION TO LOCAL POLICE.-- 22 (1) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE THE 23 INFORMATION OBTAINED UNDER THIS SECTION AND SECTIONS 9795.3 24 (RELATING TO SENTENCING COURT INFORMATION) AND 9796 (RELATING 25 TO VERIFICATION OF RESIDENCE) TO THE CHIEF LAW ENFORCEMENT 26 OFFICERS OF THE POLICE DEPARTMENTS OF THE MUNICIPALITIES IN 27 WHICH THE INDIVIDUAL WILL RESIDE, BE EMPLOYED OR ENROLLED AS 28 A STUDENT. IN ADDITION, THE PENNSYLVANIA STATE POLICE SHALL 29 PROVIDE THIS OFFICER WITH THE ADDRESS AT WHICH THE INDIVIDUAL 30 WILL RESIDE, BE EMPLOYED OR ENROLLED AS A STUDENT FOLLOWING 20030S0092B1995 - 38 -
1 HIS RELEASE FROM INCARCERATION, PAROLE OR PROBATION. 2 (2) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE NOTICE 3 TO THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE 4 DEPARTMENTS OF THE MUNICIPALITIES NOTIFIED PURSUANT TO 5 PARAGRAPH (1) WHEN AN INDIVIDUAL FAILS TO COMPLY WITH THE 6 REGISTRATION REQUIREMENTS OF THIS SECTION OR SECTION 9796, 7 AND REQUEST, AS APPROPRIATE, THAT THESE POLICE DEPARTMENTS 8 ASSIST IN LOCATING AND APPREHENDING THE INDIVIDUAL. 9 (3) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE NOTICE 10 TO THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE 11 DEPARTMENTS OF THE MUNICIPALITIES NOTIFIED PURSUANT TO 12 PARAGRAPH (1) WHEN THEY ARE IN RECEIPT OF INFORMATION 13 INDICATING THAT THE INDIVIDUAL WILL NO LONGER RESIDE, BE 14 EMPLOYED OR BE ENROLLED AS A STUDENT, IN THE MUNICIPALITY. 15 (D) PENALTY.-- 16 [(1) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 17 9795.1(A) WHO FAILS TO REGISTER WITH THE PENNSYLVANIA STATE 18 POLICE AS REQUIRED IN THIS SECTION COMMITS A FELONY OF THE 19 THIRD DEGREE. 20 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 21 9795.1(B)(1), (2) OR (3) WHO FAILS TO REGISTER WITH THE 22 PENNSYLVANIA STATE POLICE AS REQUIRED IN THIS SECTION COMMITS 23 A FELONY OF THE FIRST DEGREE AND SHALL BE SENTENCED TO A 24 MANDATORY MINIMUM SENTENCE OF PROBATION FOR THE REMAINDER OF 25 THE INDIVIDUAL'S LIFETIME AND MAY BE SENTENCED TO A PERIOD OF 26 INCARCERATION OF UP TO THE INDIVIDUAL'S LIFETIME.] AN 27 INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 9795.1(A) OR 28 (B) WHO FAILS TO REGISTER WITH THE PENNSYLVANIA STATE POLICE 29 AS REQUIRED BY THIS SECTION MAY BE SUBJECT TO PROSECUTION 30 UNDER 18 PA.C.S. § 4915 (RELATING TO FAILURE TO COMPLY WITH 20030S0092B1995 - 39 -
1 REGISTRATION OF SEXUAL OFFENDERS REQUIREMENTS). 2 (E) REGISTRATION SITES.--AN INDIVIDUAL SUBJECT TO SECTION 3 9795.1 SHALL REGISTER AND SUBMIT TO FINGERPRINTING AND 4 PHOTOGRAPHING AS REQUIRED BY THIS SUBCHAPTER AT APPROVED 5 REGISTRATION SITES. 6 SECTION 9. SECTION 9795.4(B), (C), (D) AND (E)(4) OF TITLE 7 42 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION 8 TO READ: 9 § 9795.4. ASSESSMENTS. 10 * * * 11 (B) ASSESSMENT.--UPON RECEIPT FROM THE COURT OF AN ORDER FOR 12 AN ASSESSMENT, A MEMBER OF THE BOARD AS DESIGNATED BY THE 13 ADMINISTRATIVE OFFICER OF THE BOARD SHALL CONDUCT AN ASSESSMENT 14 OF THE INDIVIDUAL TO DETERMINE IF THE INDIVIDUAL SHOULD BE 15 CLASSIFIED AS A SEXUALLY VIOLENT PREDATOR. THE BOARD SHALL 16 ESTABLISH STANDARDS FOR EVALUATIONS AND FOR EVALUATORS 17 CONDUCTING THE ASSESSMENTS. AN ASSESSMENT SHALL INCLUDE, BUT NOT 18 BE LIMITED TO, AN EXAMINATION OF THE FOLLOWING: 19 (1) FACTS OF THE CURRENT OFFENSE, INCLUDING: 20 (I) WHETHER THE OFFENSE INVOLVED MULTIPLE VICTIMS. 21 (II) WHETHER THE INDIVIDUAL EXCEEDED THE MEANS 22 NECESSARY TO ACHIEVE THE OFFENSE. 23 (III) THE NATURE OF THE SEXUAL CONTACT WITH THE 24 VICTIM. 25 (IV) RELATIONSHIP OF THE INDIVIDUAL TO THE VICTIM. 26 (V) AGE OF THE VICTIM. 27 (VI) WHETHER THE OFFENSE INCLUDED A DISPLAY OF 28 UNUSUAL CRUELTY BY THE INDIVIDUAL DURING THE COMMISSION 29 OF THE CRIME. 30 (VII) THE MENTAL CAPACITY OF THE VICTIM. 20030S0092B1995 - 40 -
1 (2) PRIOR OFFENSE HISTORY, INCLUDING: 2 (I) THE INDIVIDUAL'S PRIOR CRIMINAL RECORD. 3 (II) WHETHER THE INDIVIDUAL COMPLETED ANY PRIOR 4 SENTENCES. 5 (III) WHETHER THE INDIVIDUAL PARTICIPATED IN 6 AVAILABLE PROGRAMS FOR SEXUAL OFFENDERS. 7 (3) CHARACTERISTICS OF THE INDIVIDUAL, INCLUDING: 8 (I) AGE OF THE INDIVIDUAL. 9 (II) USE OF ILLEGAL DRUGS BY THE INDIVIDUAL. 10 (III) ANY MENTAL ILLNESS, MENTAL DISABILITY OR 11 MENTAL ABNORMALITY. 12 (IV) BEHAVIORAL CHARACTERISTICS THAT CONTRIBUTE TO 13 THE INDIVIDUAL'S CONDUCT. 14 (4) FACTORS THAT ARE SUPPORTED IN A SEXUAL OFFENDER 15 ASSESSMENT [FILED] FIELD AS CRITERIA REASONABLY RELATED TO 16 THE RISK OF REOFFENSE. 17 (C) RELEASE OF INFORMATION.--ALL STATE, COUNTY AND LOCAL 18 AGENCIES, OFFICES OR ENTITIES IN THIS COMMONWEALTH, INCLUDING 19 JUVENILE PROBATION OFFICERS, SHALL COOPERATE BY PROVIDING COPIES 20 OF RECORDS AND INFORMATION AS REQUESTED BY THE BOARD IN 21 CONNECTION WITH THE COURT-ORDERED ASSESSMENT AND THE ASSESSMENT 22 REQUESTED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE[.] 23 OR THE ASSESSMENT OF A DELINQUENT CHILD UNDER SECTION 6358 24 (RELATING TO ASSESSMENT OF DELINQUENT CHILDREN BY THE STATE 25 SEXUAL OFFENDERS ASSESSMENT BOARD). 26 (D) SUBMISSION OF REPORT BY BOARD.--THE BOARD SHALL HAVE 90 27 DAYS FROM THE DATE OF CONVICTION OF THE INDIVIDUAL TO SUBMIT A 28 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE DISTRICT 29 ATTORNEY [NO LATER THAN 90 DAYS FROM THE DATE OF CONVICTION OF 30 THE INDIVIDUAL]. 20030S0092B1995 - 41 -
1 (E) HEARING.-- 2 * * * 3 (4) A COPY OF THE ORDER CONTAINING THE DETERMINATION OF 4 THE COURT SHALL BE IMMEDIATELY SUBMITTED TO THE INDIVIDUAL, 5 THE DISTRICT ATTORNEY, THE PENNSYLVANIA BOARD OF PROBATION 6 AND PAROLE, THE DEPARTMENT OF CORRECTIONS [AND], THE BOARD 7 AND THE PENNSYLVANIA STATE POLICE. 8 * * * 9 (I) OTHER ASSESSMENTS.--UPON RECEIPT FROM THE COURT OF AN 10 ORDER FOR AN ASSESSMENT UNDER SECTION 9795.5 (RELATING TO 11 EXEMPTION FROM CERTAIN NOTIFICATION), A MEMBER OF THE BOARD AS 12 DESIGNATED BY THE ADMINISTRATIVE OFFICER OF THE BOARD SHALL 13 CONDUCT AN ASSESSMENT OF THE INDIVIDUAL TO DETERMINE IF THE 14 RELIEF SOUGHT, IF GRANTED, IS LIKELY TO POSE A THREAT TO THE 15 SAFETY OF ANY OTHER PERSON. THE BOARD SHALL ESTABLISH STANDARDS 16 FOR EVALUATIONS AND FOR EVALUATORS CONDUCTING THESE ASSESSMENTS. 17 SECTION 10. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: 18 § 9795.5. EXEMPTION FROM CERTAIN NOTIFICATIONS. 19 (A) LIFETIME REGISTRANTS NOT CLASSIFIED AS SEXUALLY VIOLENT 20 PREDATORS.-- 21 (1) AN INDIVIDUAL REQUIRED TO REGISTER UNDER SECTION 22 9795.1 (RELATING TO REGISTRATION), WHO IS NOT A SEXUALLY 23 VIOLENT PREDATOR, MAY PETITION THE SENTENCING COURT TO BE 24 EXEMPT FROM THE APPLICATION OF SECTION 9798.1 (RELATING TO 25 INFORMATION MADE AVAILABLE ON THE INTERNET) PROVIDED NO LESS 26 THAN 20 YEARS HAVE PASSED SINCE THE INDIVIDUAL HAS BEEN 27 CONVICTED IN THIS OR ANY OTHER JURISDICTION OF ANY OFFENSE 28 PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR, OR THE 29 INDIVIDUAL'S RELEASE FROM CUSTODY FOLLOWING THE INDIVIDUAL'S 30 MOST RECENT CONVICTION FOR ANY SUCH OFFENSE, WHICHEVER IS 20030S0092B1995 - 42 -
1 LATER. 2 (2) UPON RECEIPT OF A PETITION FILED UNDER PARAGRAPH 3 (1), THE SENTENCING COURT SHALL ENTER AN ORDER DIRECTING THAT 4 THE PETITIONER BE ASSESSED BY THE BOARD IN ACCORDANCE WITH 5 THE PROVISIONS OF SECTION 9795.4(I) (RELATING TO 6 ASSESSMENTS). THE ORDER FOR AN ASSESSMENT UNDER THIS 7 SUBSECTION SHALL BE SENT TO THE ADMINISTRATIVE OFFICER OF THE 8 BOARD WITHIN TEN DAYS OF ITS ENTRY. NO LATER THAN 90 DAYS 9 FOLLOWING RECEIPT OF SUCH AN ORDER, THE BOARD SHALL SUBMIT A 10 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE SENTENCING 11 COURT, THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE 12 PETITIONER. 13 (3) WITHIN 120 DAYS OF THE FILING OF A PETITION UNDER 14 PARAGRAPH (1), THE SENTENCING COURT SHALL HOLD A HEARING TO 15 DETERMINE WHETHER TO EXEMPT THE PETITIONER FROM THE 16 APPLICATION OF SECTION 9798.1. THE PETITIONER AND THE 17 DISTRICT ATTORNEY SHALL BE GIVEN NOTICE OF THE HEARING AND AN 18 OPPORTUNITY TO BE HEARD, THE RIGHT TO CALL WITNESSES, THE 19 RIGHT TO CALL EXPERT WITNESSES AND THE RIGHT TO CROSS-EXAMINE 20 WITNESSES. THE PETITIONER SHALL HAVE THE RIGHT TO COUNSEL AND 21 TO HAVE A LAWYER APPOINTED TO REPRESENT HIM IF HE CANNOT 22 AFFORD ONE. 23 (4) THE SENTENCING COURT SHALL EXEMPT THE PETITIONER 24 FROM APPLICATION OF SECTION 9798.1 ONLY UPON FINDING BY CLEAR 25 AND CONVINCING EVIDENCE THAT EXEMPTING THE PETITIONER FROM 26 THE APPLICATION OF SECTION 9798.1 IS NOT LIKELY TO POSE A 27 THREAT TO THE SAFETY OF ANY OTHER PERSON. 28 (B) SEXUALLY VIOLENT PREDATORS.-- 29 (1) AN INDIVIDUAL REQUIRED TO REGISTER UNDER SECTION 30 9795.1, WHO IS A SEXUALLY VIOLENT PREDATOR, MAY PETITION THE 20030S0092B1995 - 43 -
1 SENTENCING COURT FOR RELEASE FROM THE APPLICATION OF SECTION 2 9798 (RELATING TO OTHER NOTIFICATION) PROVIDED NO LESS THAN 3 20 YEARS HAVE PASSED SINCE THE INDIVIDUAL HAS BEEN CONVICTED 4 IN THIS OR ANY OTHER JURISDICTION OF ANY OFFENSE PUNISHABLE 5 BY IMPRISONMENT FOR MORE THAN ONE YEAR, OR THE INDIVIDUAL'S 6 RELEASE FROM CUSTODY FOLLOWING THE INDIVIDUAL'S MOST RECENT 7 CONVICTION FOR ANY SUCH OFFENSE, WHICHEVER IS LATER. 8 (2) UPON RECEIPT OF A PETITION UNDER PARAGRAPH (1), THE 9 SENTENCING COURT SHALL ORDER THE PETITIONER TO BE ASSESSED BY 10 THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF SECTION 11 9795.4(I). THE ORDER FOR AN ASSESSMENT PURSUANT TO THIS 12 SUBSECTION SHALL BE SENT TO THE ADMINISTRATIVE OFFICER OF THE 13 BOARD WITHIN TEN DAYS OF ITS ENTRY. NO LATER THAN 90 DAYS 14 FOLLOWING RECEIPT OF SUCH AN ORDER, THE BOARD SHALL SUBMIT A 15 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE SENTENCING 16 COURT, THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE 17 PETITIONER. 18 (3) WITHIN 120 DAYS OF THE FILING OF A PETITION UNDER 19 PARAGRAPH (1), THE SENTENCING COURT SHALL HOLD A HEARING TO 20 DETERMINE WHETHER TO EXEMPT THE PETITIONER FROM APPLICATION 21 OF SECTION 9798. THE PETITIONER AND THE DISTRICT ATTORNEY 22 SHALL BE GIVEN NOTICE OF THE HEARING AND AN OPPORTUNITY TO BE 23 HEARD, THE RIGHT TO CALL WITNESSES, THE RIGHT TO CALL EXPERT 24 WITNESSES AND THE RIGHT TO CROSS-EXAMINE WITNESSES. THE 25 PETITIONER SHALL HAVE THE RIGHT TO COUNSEL AND TO HAVE A 26 LAWYER APPOINTED TO REPRESENT HIM IF HE CANNOT AFFORD ONE. 27 (4) THE SENTENCING COURT SHALL EXEMPT THE PETITIONER 28 FROM APPLICATION OF SECTION 9798 ONLY UPON CLEAR AND 29 CONVINCING EVIDENCE THAT RELEASING THE PETITIONER FROM 30 APPLICATION OF SECTION 9798 IS NOT LIKELY TO POSE A THREAT TO 20030S0092B1995 - 44 -
1 THE SAFETY OF ANY OTHER PERSON. 2 (C) NOTICE.--ANY COURT GRANTING RELIEF TO A PETITIONER UNDER 3 THIS SECTION SHALL NOTIFY THE PENNSYLVANIA STATE POLICE IN 4 WRITING WITHIN TEN DAYS FROM THE DATE SUCH RELIEF IS GRANTED. 5 (D) RIGHT TO APPEAL.--THE PETITIONER AND THE COMMONWEALTH 6 SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTIONS OF THE 7 SENTENCING COURT TAKEN UNDER THIS SECTION. AN APPEAL BY THE 8 COMMONWEALTH SHALL STAY THE ORDER OF THE SENTENCING COURT. 9 (E) SUBSEQUENT CONVICTION FOR FAILING TO COMPLY.--IF AN 10 INDIVIDUAL IS EXEMPT FROM THE APPLICATION OF EITHER SECTION 9798 11 OR 9798.1 UNDER THIS SECTION AND THE INDIVIDUAL IS SUBSEQUENTLY 12 CONVICTED OF AN OFFENSE UNDER 18 PA.C.S. § 4915 (RELATING TO 13 FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS 14 REQUIREMENTS), ANY RELIEF GRANTED UNDER THIS SECTION SHALL BE 15 VOID AND THE INDIVIDUAL SHALL AUTOMATICALLY AND IMMEDIATELY 16 AGAIN BE SUBJECT TO ALL APPLICABLE PROVISIONS OF THIS 17 SUBCHAPTER, AS PREVIOUSLY DETERMINED BY THIS SUBCHAPTER. 18 SECTION 11. SECTION 9796(A), (B) AND (E) OF TITLE 42 ARE 19 AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO 20 READ: 21 § 9796. VERIFICATION OF RESIDENCE. 22 (A) QUARTERLY VERIFICATION BY SEXUALLY VIOLENT PREDATORS.-- 23 THE PENNSYLVANIA STATE POLICE SHALL VERIFY THE RESIDENCE AND 24 COMPLIANCE WITH COUNSELING AS PROVIDED FOR IN SECTION 9799.4 25 (RELATING TO COUNSELING OF SEXUALLY VIOLENT PREDATORS) OF 26 SEXUALLY VIOLENT PREDATORS EVERY 90 DAYS THROUGH THE USE OF A 27 NONFORWARDABLE VERIFICATION FORM TO THE LAST REPORTED RESIDENCE. 28 FOR THE PERIOD OF REGISTRATION REQUIRED BY SECTION 9795.1 29 (RELATING TO REGISTRATION), A SEXUALLY VIOLENT PREDATOR SHALL 30 APPEAR [WITHIN TEN DAYS OF RECEIPT OF THE FORM AT ANY 20030S0092B1995 - 45 -
1 PENNSYLVANIA STATE POLICE STATION] QUARTERLY BETWEEN JANUARY 5 2 AND JANUARY 15; APRIL 5 AND APRIL 15; JULY 5 AND JULY 15; AND 3 OCTOBER 5 AND OCTOBER 15 OF EACH CALENDAR YEAR AT AN APPROVED 4 REGISTRATION SITE TO COMPLETE [THE] A VERIFICATION FORM AND TO 5 BE PHOTOGRAPHED. 6 (A.1) FACILITATION OF QUARTERLY VERIFICATION.--THE 7 PENNSYLVANIA STATE POLICE SHALL FACILITATE AND ADMINISTER THE 8 VERIFICATION PROCESS REQUIRED BY SUBSECTION (A) BY: 9 (1) SENDING A NOTICE BY FIRST CLASS UNITED STATES MAIL 10 TO ALL REGISTERED SEXUALLY VIOLENT PREDATORS AT THEIR LAST 11 REPORTED RESIDENCE ADDRESSES. THIS NOTICE SHALL BE SENT NOT 12 MORE THAN 30 DAYS NOR LESS THAN 15 DAYS PRIOR TO EACH OF THE 13 QUARTERLY VERIFICATION PERIODS SET FORTH IN SUBSECTION (A) 14 AND SHALL REMIND SEXUALLY VIOLENT PREDATORS OF THEIR 15 QUARTERLY VERIFICATION REQUIREMENT AND PROVIDE THEM WITH A 16 LIST OF APPROVED REGISTRATION SITES; AND 17 (2) PROVIDING VERIFICATION AND COMPLIANCE FORMS AS 18 NECESSARY TO EACH APPROVED REGISTRATION SITE NOT LESS THAN 19 TEN DAYS BEFORE EACH OF THE QUARTERLY VERIFICATION PERIODS. 20 (B) ANNUAL VERIFICATION BY OFFENDERS.--THE PENNSYLVANIA 21 STATE POLICE SHALL VERIFY THE RESIDENCE OF OFFENDERS [THROUGH 22 THE USE OF A NONFORWARDABLE VERIFICATION FORM]. FOR THE PERIOD 23 OF REGISTRATION REQUIRED BY SECTION 9795.1, [THE OFFENDER SHALL 24 APPEAR WITHIN TEN DAYS OF RECEIPT OF THE FORM AT ANY 25 PENNSYLVANIA STATE POLICE STATION] AN OFFENDER SHALL APPEAR 26 WITHIN TEN DAYS BEFORE EACH ANNUAL ANNIVERSARY DATE OF THE 27 OFFENDER'S INITIAL REGISTRATION UNDER SECTION 9795.1 AT AN 28 APPROVED REGISTRATION SITE TO COMPLETE [THE] A VERIFICATION FORM 29 AND TO BE PHOTOGRAPHED. 30 (B.1) FACILITATION OF ANNUAL VERIFICATION.--THE PENNSYLVANIA 20030S0092B1995 - 46 -
1 STATE POLICE SHALL FACILITATE AND ADMINISTER THE VERIFICATION 2 PROCESS REQUIRED BY SUBSECTION (B) BY: 3 (1) SENDING A NOTICE BY FIRST CLASS UNITED STATES MAIL 4 TO ALL REGISTERED OFFENDERS AT THEIR LAST REPORTED RESIDENCE 5 ADDRESSES. THIS NOTICE SHALL BE SENT NOT MORE THAN 30 DAYS 6 NOR LESS THAN 15 DAYS PRIOR TO EACH OFFENDER'S ANNUAL 7 ANNIVERSARY DATE AND SHALL REMIND THE OFFENDER OF THE ANNUAL 8 VERIFICATION REQUIREMENT AND PROVIDE THE OFFENDER WITH A LIST 9 OF APPROVED REGISTRATION SITES; AND 10 (2) PROVIDING VERIFICATION AND COMPLIANCE FORMS AS 11 NECESSARY TO EACH APPROVED REGISTRATION SITE. 12 * * * 13 (E) PENALTY.-- 14 [(1) ANY INDIVIDUAL SUBJECT TO REGISTRATION UNDER 15 SECTION 9795.1(A) WHO FAILS TO VERIFY HIS RESIDENCE OR BE 16 PHOTOGRAPHED AS REQUIRED IN THIS SECTION COMMITS A FELONY OF 17 THE THIRD DEGREE. 18 (2) ANY INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 19 9795.1(B)(1), (2) OR (3) WHO FAILS TO VERIFY HIS RESIDENCE OR 20 TO BE PHOTOGRAPHED AS REQUIRED IN THIS SECTION COMMITS A 21 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 VERIFY HIS RESIDENCE OR TO BE PHOTOGRAPHED 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 (F) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE 20030S0092B1995 - 47 -
1 PENNSYLVANIA STATE POLICE TO SEND, NOR FAILURE OF A SEXUALLY 2 VIOLENT PREDATOR OR OFFENDER TO RECEIVE, ANY NOTICE OR 3 INFORMATION UNDER SUBSECTION (A.1) OR (B.1) SHALL RELIEVE THAT 4 PREDATOR OR OFFENDER FROM THE REQUIREMENTS OF THIS SUBCHAPTER. 5 SECTION 12. SECTION 9798(A), (B)(1), (C) AND (E) OF TITLE 42 6 ARE AMENDED TO READ: 7 § 9798. OTHER NOTIFICATION. 8 (A) NOTICE BY MUNICIPALITY'S CHIEF LAW ENFORCEMENT 9 OFFICER.--NOTWITHSTANDING ANY OF THE PROVISIONS OF 18 PA.C.S. 10 CH. 91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION), THE 11 CHIEF LAW ENFORCEMENT OFFICER OF THE FULL-TIME OR PART-TIME 12 POLICE DEPARTMENT OF THE MUNICIPALITY WHERE A SEXUALLY VIOLENT 13 PREDATOR LIVES SHALL BE RESPONSIBLE FOR PROVIDING WRITTEN NOTICE 14 AS REQUIRED UNDER THIS SECTION. 15 (1) THE NOTICE SHALL CONTAIN: 16 (I) THE NAME OF THE CONVICTED SEXUALLY VIOLENT 17 PREDATOR. 18 (II) THE ADDRESS OR ADDRESSES AT WHICH HE RESIDES. 19 (III) THE OFFENSE FOR WHICH HE WAS CONVICTED, 20 SENTENCED BY A COURT, ADJUDICATED DELINQUENT OR COURT 21 MARTIALED. 22 (IV) A STATEMENT THAT HE HAS BEEN DETERMINED BY 23 COURT ORDER TO BE A SEXUALLY VIOLENT PREDATOR, WHICH 24 DETERMINATION HAS OR HAS NOT BEEN TERMINATED AS OF A DATE 25 CERTAIN. 26 (V) A PHOTOGRAPH OF THE SEXUALLY VIOLENT PREDATOR, 27 IF AVAILABLE. 28 (2) THE NOTICE SHALL NOT INCLUDE ANY INFORMATION THAT 29 MIGHT REVEAL THE VICTIM'S NAME, IDENTITY AND RESIDENCE. 30 (B) TO WHOM WRITTEN NOTICE IS PROVIDED.--THE CHIEF LAW 20030S0092B1995 - 48 -
1 ENFORCEMENT OFFICER SHALL PROVIDE WRITTEN NOTICE, UNDER 2 SUBSECTION (A), TO THE FOLLOWING PERSONS: 3 (1) NEIGHBORS OF THE SEXUALLY VIOLENT PREDATOR. AS USED 4 IN THIS PARAGRAPH, WHERE THE SEXUALLY VIOLENT PREDATOR LIVES 5 IN A COMMON INTEREST COMMUNITY, THE TERM "NEIGHBOR" INCLUDES 6 THE UNIT OWNERS' ASSOCIATION AND RESIDENTS OF THE COMMON 7 INTEREST COMMUNITY. 8 * * * 9 (C) URGENCY OF NOTIFICATION.--THE MUNICIPAL POLICE 10 DEPARTMENT'S CHIEF LAW ENFORCEMENT OFFICER SHALL PROVIDE NOTICE 11 WITHIN THE FOLLOWING TIME FRAMES: 12 (1) TO NEIGHBORS, NOTICE SHALL BE PROVIDED WITHIN [72 13 HOURS] FIVE DAYS AFTER INFORMATION OF THE SEXUALLY VIOLENT 14 PREDATOR'S RELEASE DATE AND RESIDENCE HAS BEEN RECEIVED BY 15 THE CHIEF LAW ENFORCEMENT OFFICER. NOTWITHSTANDING THE 16 PROVISIONS OF SUBSECTIONS (A) AND (B), VERBAL NOTIFICATION 17 MAY BE USED IF WRITTEN NOTIFICATION WOULD DELAY MEETING THIS 18 TIME REQUIREMENT. 19 (2) TO THE PERSONS SPECIFIED IN SUBSECTION (B)(2), (3), 20 (4) AND (5), NOTICE SHALL BE PROVIDED WITHIN SEVEN DAYS AFTER 21 THE CHIEF LAW ENFORCEMENT OFFICER RECEIVES INFORMATION 22 REGARDING THE SEXUALLY VIOLENT PREDATOR'S RELEASE DATE AND 23 RESIDENCE. 24 * * * 25 (E) INTERSTATE [PAROLEES] TRANSFERS.--THE DUTIES OF POLICE 26 DEPARTMENTS UNDER THIS SECTION SHALL ALSO APPLY TO INDIVIDUALS 27 WHO ARE [PAROLED] TRANSFERRED TO THIS COMMONWEALTH PURSUANT TO 28 [SECTION 33 OF THE ACT OF AUGUST 6, 1941 (P.L.861, NO.323), 29 REFERRED TO AS THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE 30 LAW] THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT 20030S0092B1995 - 49 -
1 OFFENDERS OR THE INTERSTATE COMPACT FOR JUVENILES. 2 SECTION 13. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ: 3 § 9798.1. INFORMATION MADE AVAILABLE ON THE INTERNET. 4 (A) LEGISLATIVE FINDINGS.--IT IS HEREBY DECLARED TO BE THE 5 FINDING OF THE GENERAL ASSEMBLY THAT PUBLIC SAFETY WILL BE 6 ENHANCED BY MAKING INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS, 7 LIFETIME REGISTRANTS AND OTHER SEX OFFENDERS AVAILABLE TO THE 8 PUBLIC THROUGH THE INTERNET. KNOWLEDGE OF WHETHER A PERSON IS A 9 SEXUALLY VIOLENT PREDATOR, LIFETIME REGISTRANT OR OTHER SEX 10 OFFENDER COULD BE A SIGNIFICANT FACTOR IN PROTECTING ONESELF AND 11 ONE'S FAMILY MEMBERS, OR THOSE IN CARE OF A GROUP OR COMMUNITY 12 ORGANIZATION, FROM RECIDIVIST ACTS BY SEXUALLY VIOLENT 13 PREDATORS, LIFETIME REGISTRANTS AND OTHER SEX OFFENDERS. THE 14 TECHNOLOGY AFFORDED BY THE INTERNET WOULD MAKE THIS INFORMATION 15 READILY ACCESSIBLE TO PARENTS AND PRIVATE ENTITIES, ENABLING 16 THEM TO UNDERTAKE APPROPRIATE REMEDIAL PRECAUTIONS TO PREVENT OR 17 AVOID PLACING POTENTIAL VICTIMS AT RISK. PUBLIC ACCESS TO 18 INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS, LIFETIME 19 REGISTRANTS AND OTHER SEX OFFENDERS IS INTENDED SOLELY AS A 20 MEANS OF PUBLIC PROTECTION AND SHALL NOT BE CONSTRUED AS 21 PUNITIVE. 22 (B) INTERNET POSTING OF SEXUALLY VIOLENT PREDATORS, LIFETIME 23 REGISTRANTS AND OTHER OFFENDERS.--THE COMMISSIONER OF THE 24 PENNSYLVANIA STATE POLICE SHALL, IN THE MANNER AND FORM DIRECTED 25 BY THE GOVERNOR: 26 (1) DEVELOP AND MAINTAIN A SYSTEM FOR MAKING THE 27 INFORMATION DESCRIBED IN SUBSECTION (C) PUBLICLY AVAILABLE BY 28 ELECTRONIC MEANS SO THAT THE PUBLIC MAY, WITHOUT LIMITATION, 29 OBTAIN ACCESS TO THE INFORMATION VIA AN INTERNET WEBSITE TO 30 VIEW AN INDIVIDUAL RECORD OR THE RECORDS OF ALL SEXUALLY 20030S0092B1995 - 50 -
1 VIOLENT PREDATORS, LIFETIME REGISTRANTS AND OTHER OFFENDERS 2 WHO ARE REGISTERED WITH THE PENNSYLVANIA STATE POLICE. 3 (2) ENSURE THAT THE INTERNET WEBSITE CONTAINS WARNINGS 4 THAT ANY PERSON WHO USES THE INFORMATION CONTAINED THEREIN TO 5 THREATEN, INTIMIDATE OR HARASS ANOTHER, OR WHO OTHERWISE 6 MISUSES THAT INFORMATION MAY BE CRIMINALLY PROSECUTED. 7 (3) ENSURE THAT THE INTERNET WEBSITE CONTAINS AN 8 EXPLANATION OF ITS LIMITATIONS, INCLUDING STATEMENTS ADVISING 9 THAT A POSITIVE IDENTIFICATION OF A SEXUALLY VIOLENT 10 PREDATOR, LIFETIME REGISTRANT OR OTHER OFFENDER WHOSE RECORD 11 HAS BEEN MADE AVAILABLE MAY BE CONFIRMED ONLY BY 12 FINGERPRINTS; THAT SOME INFORMATION CONTAINED ON THE INTERNET 13 WEBSITE MAY BE OUTDATED OR INACCURATE; AND THAT THE INTERNET 14 WEBSITE IS NOT A COMPREHENSIVE LISTING OF EVERY PERSON WHO 15 HAS EVER COMMITTED A SEX OFFENSE IN PENNSYLVANIA. 16 (4) STRIVE TO ENSURE THE INFORMATION CONTAINED ON THE 17 INTERNET WEBSITE IS ACCURATE, AND THAT THE DATA THEREIN IS 18 REVISED AND UPDATED AS APPROPRIATE IN A TIMELY AND EFFICIENT 19 MANNER. 20 (5) PROVIDE ON THE INTERNET WEBSITE GENERAL INFORMATION 21 DESIGNED TO INFORM AND EDUCATE THE PUBLIC ABOUT SEX OFFENDERS 22 AND SEXUALLY VIOLENT PREDATORS, THE OPERATION OF THIS 23 SUBCHAPTER, AS WELL AS PERTINENT AND APPROPRIATE INFORMATION 24 CONCERNING CRIME PREVENTION AND PERSONAL SAFETY, WITH 25 APPROPRIATE LINKS TO OTHER RELEVANT INTERNET WEBSITES 26 OPERATED BY THE COMMONWEALTH OF PENNSYLVANIA. 27 (C) INFORMATION PERMITTED TO BE DISCLOSED REGARDING 28 INDIVIDUALS.--NOTWITHSTANDING 18 PA.C.S. CH. 91 (RELATING TO 29 CRIMINAL HISTORY INFORMATION) THE INTERNET WEBSITE SHALL CONTAIN 30 THE FOLLOWING INFORMATION ON EACH INDIVIDUAL: 20030S0092B1995 - 51 -
1 (1) FOR SEXUALLY VIOLENT PREDATORS ONLY THE FOLLOWING 2 INFORMATION SHALL BE POSTED ON THE INTERNET WEBSITE: 3 (I) NAME AND ANY ALIASES; 4 (II) YEAR OF BIRTH; 5 (III) THE STREET ADDRESS, CITY, COUNTY AND ZIP CODE 6 OF ALL RESIDENCES; 7 (IV) THE STREET ADDRESS, CITY, COUNTY AND ZIP CODE 8 OF ANY INSTITUTION OR LOCATION AT WHICH THE PERSON IS 9 ENROLLED AS A STUDENT; 10 (V) THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT 11 LOCATION; 12 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE 13 UPDATED NOT LESS THAN ANNUALLY; 14 (VII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH 15 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND 16 (VIII) THE DATE OF THE OFFENSE AND CONVICTION, IF 17 AVAILABLE. 18 (2) FOR ALL OTHER LIFETIME REGISTRANTS AND OFFENDERS 19 SUBJECT TO REGISTRATION ONLY THE FOLLOWING INFORMATION SHALL 20 BE POSTED ON THE INTERNET WEBSITE: 21 (I) NAME AND ANY ALIASES; 22 (II) YEAR OF BIRTH; 23 (III) THE CITY, COUNTY AND ZIP CODE OF ALL 24 RESIDENCES; 25 (IV) THE CITY, COUNTY AND ZIP CODE OF ANY 26 INSTITUTION OR LOCATION AT WHICH THE PERSON IS ENROLLED 27 AS A STUDENT; 28 (V) THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT 29 LOCATION; 30 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE 20030S0092B1995 - 52 -
1 UPDATED NOT LESS THAN ANNUALLY; 2 (VII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH 3 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND 4 (VIII) THE DATE OF THE OFFENSE AND CONVICTION, IF 5 AVAILABLE. 6 (D) DURATION OF INTERNET POSTING.-- 7 (1) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT A 8 SEXUALLY VIOLENT PREDATOR SHALL BE MADE AVAILABLE ON THE 9 INTERNET FOR THE LIFETIME OF THE SEXUALLY VIOLENT PREDATOR. 10 (2) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT AN 11 OFFENDER WHO IS SUBJECT TO LIFETIME REGISTRATION SHALL BE 12 MADE AVAILABLE ON THE INTERNET FOR THE LIFETIME OF THE 13 OFFENDER UNLESS THE OFFENDER IS GRANTED RELIEF UNDER SECTION 14 9795.5 (RELATING TO EXEMPTION FROM CERTAIN NOTIFICATIONS). 15 (3) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT ANY 16 OTHER OFFENDER SUBJECT TO REGISTRATION SHALL BE MADE 17 AVAILABLE ON THE INTERNET FOR THE ENTIRE PERIOD DURING WHICH 18 THE OFFENDER IS REQUIRED TO REGISTER, INCLUDING ANY EXTENSION 19 OF THIS PERIOD PURSUANT TO 9795.2(A)(3) (RELATING TO 20 REGISTRATION PROCEDURES AND APPLICABILITY). 21 § 9798.2. ADMINISTRATION. 22 THE GOVERNOR SHALL DIRECT THE PENNSYLVANIA STATE POLICE, THE 23 PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE STATE SEXUAL 24 OFFENDERS ASSESSMENT BOARD, THE DEPARTMENT OF CORRECTIONS, THE 25 DEPARTMENT OF TRANSPORTATION AND ANY OTHER AGENCY OF THIS 26 COMMONWEALTH THE GOVERNOR DEEMS NECESSARY, TO COLLABORATIVELY 27 DESIGN, DEVELOP AND IMPLEMENT AN INTEGRATED AND SECURE SYSTEM OF 28 COMMUNICATION, STORAGE AND RETRIEVAL OF INFORMATION TO ASSURE 29 THE TIMELY, ACCURATE AND EFFICIENT ADMINISTRATION OF THIS 30 SUBCHAPTER. 20030S0092B1995 - 53 -
1 SECTION 14. SECTION 9799 OF TITLE 42 IS AMENDED BY ADDING A 2 PARAGRAPH TO READ: 3 § 9799. IMMUNITY FOR GOOD FAITH CONDUCT. 4 THE FOLLOWING ENTITIES SHALL BE IMMUNE FROM LIABILITY FOR 5 GOOD FAITH CONDUCT UNDER THIS SUBCHAPTER: 6 * * * 7 (12) THE UNIT OWNERS' ASSOCIATION OF A COMMON INTEREST 8 COMMUNITY AND ITS AGENTS AND EMPLOYEES AS IT RELATES TO 9 DISTRIBUTING INFORMATION REGARDING SEXUALLY VIOLENT PREDATORS 10 OBTAINED PURSUANT TO SECTION 9798(B)(1) (RELATING TO OTHER 11 NOTIFICATION). 12 SECTION 15. SECTIONS 9799.1 AND 9799.7 OF TITLE 42 ARE 13 AMENDED TO READ: 14 § 9799.1. DUTIES OF PENNSYLVANIA STATE POLICE. 15 THE PENNSYLVANIA STATE POLICE SHALL: 16 (1) CREATE AND MAINTAIN A STATE REGISTRY OF OFFENDERS 17 AND SEXUALLY VIOLENT PREDATORS. 18 (2) IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS, 19 THE OFFICE OF ATTORNEY GENERAL, THE PENNSYLVANIA BOARD OF 20 PROBATION AND PAROLE AND THE CHAIRMAN AND THE MINORITY 21 CHAIRMAN OF THE JUDICIARY COMMITTEE OF THE SENATE AND THE 22 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE JUDICIARY COMMITTEE 23 OF THE HOUSE OF REPRESENTATIVES, PROMULGATE GUIDELINES 24 NECESSARY FOR THE GENERAL ADMINISTRATION OF THIS SUBCHAPTER. 25 THESE GUIDELINES SHALL ESTABLISH PROCEDURES TO ALLOW AN 26 INDIVIDUAL SUBJECT TO THE REQUIREMENTS OF SECTION 9795.1 27 (RELATING TO REGISTRATION) AND SECTION 9796 (RELATING TO 28 VERIFICATION OF RESIDENCE) TO FULFILL THESE REQUIREMENTS AT 29 APPROVED REGISTRATION SITES THROUGHOUT THIS COMMONWEALTH. THE 30 PENNSYLVANIA STATE POLICE SHALL PUBLISH A LIST OF APPROVED 20030S0092B1995 - 54 -
1 REGISTRATION SITES IN THE PENNSYLVANIA BULLETIN AND PROVIDE A 2 LIST OF APPROVED REGISTRATION SITES IN ANY NOTICES SENT TO 3 INDIVIDUALS REQUIRED TO REGISTER UNDER SECTION 9795.1. AN 4 APPROVED REGISTRATION SITE SHALL BE CAPABLE OF SUBMITTING 5 FINGERPRINTS, PHOTOGRAPHS AND ANY OTHER INFORMATION REQUIRED, 6 ELECTRONICALLY TO THE PENNSYLVANIA STATE POLICE. THE 7 PENNSYLVANIA STATE POLICE SHALL REQUIRE THAT APPROVED 8 REGISTRATION SITES SUBMIT FINGERPRINTS UTILIZING THE 9 INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM OR IN 10 ANOTHER MANNER AND IN SUCH FORM AS THE PENNSYLVANIA STATE 11 POLICE SHALL REQUIRE. THE PENNSYLVANIA STATE POLICE SHALL 12 REQUIRE THAT APPROVED REGISTRATION SITES SUBMIT PHOTOGRAPHS 13 UTILIZING THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN 14 ANOTHER MANNER AND IN SUCH FORM AS THE PENNSYLVANIA STATE 15 POLICE SHALL REQUIRE. APPROVED REGISTRATION SITES SHALL NOT 16 BE LIMITED TO SITES MANAGED BY THE PENNSYLVANIA STATE POLICE 17 AND SHALL INCLUDE SITES MANAGED BY LOCAL LAW ENFORCEMENT 18 AGENCIES THAT MEET THE CRITERIA FOR APPROVED REGISTRATION 19 SITES SET FORTH IN THIS PARAGRAPH. 20 (3) WRITE REGULATIONS REGARDING NEIGHBOR NOTIFICATION OF 21 THE CURRENT RESIDENCE OF SEXUALLY VIOLENT PREDATORS. 22 (4) NOTIFY, WITHIN [72 HOURS] FIVE DAYS OF RECEIVING THE 23 OFFENDER'S OR THE SEXUALLY VIOLENT PREDATOR'S REGISTRATION, 24 THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE DEPARTMENTS 25 HAVING PRIMARY JURISDICTION OF THE MUNICIPALITIES IN WHICH AN 26 OFFENDER OR SEXUALLY VIOLENT PREDATOR RESIDES, IS EMPLOYED OR 27 ENROLLED AS A STUDENT OF THE FACT THAT THE OFFENDER OR 28 SEXUALLY VIOLENT PREDATOR HAS BEEN REGISTERED WITH THE 29 PENNSYLVANIA STATE POLICE PURSUANT TO SECTIONS 9795.2 30 (RELATING TO REGISTRATION PROCEDURES AND APPLICABILITY) AND 20030S0092B1995 - 55 -
1 9796 (RELATING TO VERIFICATION OF RESIDENCE). 2 (5) IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND 3 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, PROMULGATE 4 GUIDELINES DIRECTING LICENSED DAY-CARE CENTERS, LICENSED 5 PRESCHOOL PROGRAMS, SCHOOLS, UNIVERSITIES AND COLLEGES, 6 INCLUDING COMMUNITY COLLEGES, ON THE PROPER USE AND 7 ADMINISTRATION OF INFORMATION RECEIVED UNDER SECTION 9798 8 (RELATING TO OTHER NOTIFICATION). 9 (6) IMMEDIATELY TRANSFER THE INFORMATION RECEIVED FROM 10 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE UNDER SECTION 11 9799.2(2) AND (3) (RELATING TO DUTIES OF PENNSYLVANIA BOARD 12 OF PROBATION AND PAROLE) AND THE FINGERPRINTS OF A SEXUALLY 13 VIOLENT PREDATOR TO THE FEDERAL BUREAU OF INVESTIGATION. 14 § 9799.7. EXEMPTION FROM NOTIFICATION FOR CERTAIN LICENSEES AND 15 THEIR EMPLOYEES. 16 NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED AS IMPOSING A 17 DUTY UPON A PERSON LICENSED UNDER THE ACT OF FEBRUARY 19, 1980 18 (P.L.15, NO.9), KNOWN AS THE REAL ESTATE LICENSING AND 19 REGISTRATION ACT, OR AN EMPLOYEE THEREOF TO DISCLOSE ANY 20 INFORMATION REGARDING: 21 (1) A SEXUALLY VIOLENT PREDATOR; OR 22 (2) AN INDIVIDUAL WHO IS [PAROLED] TRANSFERRED TO THIS 23 COMMONWEALTH PURSUANT TO THE [INTERSTATE COMPACT FOR THE 24 SUPERVISION OF PAROLEES AND PROBATIONERS] INTERSTATE COMPACT 25 FOR THE SUPERVISION OF ADULT OFFENDERS OR THE INTERSTATE 26 COMPACT FOR JUVENILES. 27 SECTION 16. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ: 28 § 9799.8. ANNUAL PERFORMANCE AUDIT. 29 (A) DUTIES OF THE ATTORNEY GENERAL.--THE ATTORNEY GENERAL 30 SHALL: 20030S0092B1995 - 56 -
1 (1) CONDUCT A PERFORMANCE AUDIT ANNUALLY TO DETERMINE 2 COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBCHAPTER AND ANY 3 GUIDELINES PROMULGATED PURSUANT THERETO. THE AUDIT SHALL, AT 4 A MINIMUM, INCLUDE A REVIEW OF THE PRACTICES, PROCEDURES AND 5 RECORDS OF THE PENNSYLVANIA STATE POLICE, THE PENNSYLVANIA 6 BOARD OF PROBATION AND PAROLE, THE DEPARTMENT OF CORRECTIONS, 7 THE STATE SEXUAL OFFENDERS ASSESSMENT BOARD, THE 8 ADMINISTRATIVE OFFICE OF THE PENNSYLVANIA COURTS AND ANY 9 OTHER STATE OR LOCAL AGENCY THE ATTORNEY GENERAL DEEMS 10 NECESSARY IN ORDER TO CONDUCT A THOROUGH AND ACCURATE 11 PERFORMANCE AUDIT. 12 (2) PREPARE AN ANNUAL REPORT OF ITS FINDINGS AND ANY 13 ACTION IT RECOMMENDS BE TAKEN BY THE PENNSYLVANIA STATE 14 POLICE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE 15 DEPARTMENT OF CORRECTIONS, THE STATE SEXUAL OFFENDERS 16 ASSESSMENT BOARD, THE ADMINISTRATIVE OFFICE OF THE 17 PENNSYLVANIA COURTS, OTHER STATE OR LOCAL AGENCIES AND THE 18 GENERAL ASSEMBLY TO ENSURE COMPLIANCE WITH THIS SUBCHAPTER. 19 THE FIRST REPORT SHALL BE RELEASED TO THE GENERAL PUBLIC NOT 20 LESS THAN 18 MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS 21 SECTION. 22 (3) PROVIDE A COPY OF ITS REPORT TO THE PENNSYLVANIA 23 STATE POLICE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, 24 THE DEPARTMENT OF CORRECTIONS, THE STATE SEXUAL OFFENDERS 25 ASSESSMENT BOARD, THE ADMINISTRATIVE OFFICE OF THE 26 PENNSYLVANIA COURTS, STATE OR LOCAL AGENCIES REFERENCED 27 THEREIN, THE CHAIRMAN AND THE MINORITY CHAIRMAN OF THE 28 JUDICIARY COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE 29 MINORITY CHAIRMAN OF THE JUDICIARY COMMITTEE OF THE HOUSE OF 30 REPRESENTATIVES NO LESS THAN 30 DAYS PRIOR TO ITS RELEASE TO 20030S0092B1995 - 57 -
1 THE GENERAL PUBLIC. 2 (B) COOPERATION REQUIRED.--NOTWITHSTANDING ANY OTHER 3 PROVISION OF LAW TO THE CONTRARY, THE PENNSYLVANIA STATE POLICE, 4 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE DEPARTMENT 5 OF CORRECTIONS, THE STATE SEXUAL OFFENDERS ASSESSMENT BOARD, THE 6 ADMINISTRATIVE OFFICE OF THE PENNSYLVANIA COURTS, THE 7 PENNSYLVANIA COMMISSION ON SENTENCING AND ANY OTHER STATE OR 8 LOCAL AGENCY REQUESTED TO DO SO, SHALL FULLY COOPERATE WITH THE 9 ATTORNEY GENERAL AND ASSIST THE OFFICE IN SATISFYING THE 10 REQUIREMENTS OF THIS SECTION. FOR PURPOSES OF THIS SUBSECTION, 11 FULL COOPERATION SHALL INCLUDE, AT A MINIMUM, COMPLETE ACCESS TO 12 UNREDACTED RECORDS, FILES, REPORTS AND DATA SYSTEMS. 13 § 9799.9. PHOTOGRAPHS AND FINGERPRINTING. 14 AN INDIVIDUAL SUBJECT TO SECTION 9795.1 (RELATING TO 15 REGISTRATION) SHALL SUBMIT TO FINGERPRINTING AND PHOTOGRAPHING 16 AS REQUIRED BY THIS SUBCHAPTER AT APPROVED REGISTRATION SITES. 17 FINGERPRINTING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A 18 MINIMUM, REQUIRE SUBMISSION OF A FULL SET OF FINGERPRINTS. 19 PHOTOGRAPHING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A 20 MINIMUM, REQUIRE SUBMISSION TO PHOTOGRAPHS OF THE FACE AND ANY 21 SCARS, MARKS, TATTOOS OR OTHER UNIQUE FEATURES OF THE 22 INDIVIDUAL. FINGERPRINTS AND PHOTOGRAPHS OBTAINED UNDER THIS 23 SUBCHAPTER MAY BE MAINTAINED FOR USE UNDER THIS SUBCHAPTER AND 24 FOR GENERAL LAW ENFORCEMENT PURPOSES. 25 SECTION 17. THE PENNSYLVANIA STATE POLICE SHALL NOTIFY ANY 26 SEXUALLY VIOLENT PREDATOR DURING 2005 OF THE TIME PERIODS FOR 27 THE QUARTERLY REPORTING REQUIRED UNDER 42 PA.C.S. § 9796(A) THAT 28 BEGIN IN 2006. 29 SECTION 18. THE ADDITION OF 42 PA.C.S. § 9798.1 SHALL APPLY 30 TO ANY INDIVIDUAL SUBJECT TO THE ADDITION OF 42 PA.C.S. CH. 97 20030S0092B1995 - 58 -
1 SUBCH. H. 2 SECTION 19. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 3 (1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 9795.2(E) 4 AND 9799.8 SHALL TAKE EFFECT IN 180 DAYS. 5 (2) THE AMENDMENT OF 42 PA.C.S. § 9796(A) AND (B) SHALL 6 TAKE EFFECT JANUARY 1, 2006. 7 (3) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 5524, 8 5524.1, 9798(C)(1) AND 9799.1(2) AND (4) SHALL TAKE EFFECT 9 IMMEDIATELY. 10 (4) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 11 (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 12 DAYS. L18L42DMS/20030S0092B1995 - 59 -