PRIOR PRINTER'S NO. 2699 PRINTER'S NO. 3585
No. 1966 Session of 2005
INTRODUCED BY REED, BENNINGHOFF, BAKER, BALDWIN, BLAUM, BOYD,
CALTAGIRONE, CAPPELLI, CAUSER, CIVERA, CLYMER, CORRIGAN,
DENLINGER, ELLIS, J. EVANS, FLEAGLE, GILLESPIE, GINGRICH,
GOOD, GOODMAN, GRUCELA, HARRIS, HERMAN, HESS, HICKERNELL,
JAMES, KAUFFMAN, M. KELLER, KILLION, LEH, MACKERETH, MANN,
MARKOSEK, MARSICO, McGILL, McILHATTAN, MELIO, MUSTIO, PYLE,
REICHLEY, SCHRODER, SOLOBAY, T. STEVENSON, SURRA,
E. Z. TAYLOR, TIGUE, TURZAI, WATSON, WILT, ZUG, DALLY,
SIPTROTH AND BEYER, SEPTEMBER 26, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 14, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 REGISTRATION AND FOR sexual offender registration procedures <--
4 and applicability.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9795.2(a)(2) and (2.1) and (b) of Title <--
8 42 of the Pennsylvania Consolidated Statutes, amended November
9 24, 2004 (P.L.1243, No.152), are amended to read:
10 SECTION 1. SECTIONS 9795.1(A)(1) AND 9795.2(A)(2) AND (2.1) <--
11 AND (B) OF TITLE 42 OF THE PENNSYLVANIA CONSOLIDATED STATUTES,
12 AMENDED NOVEMBER 24, 2004 (P.L.1243, NO.152), ARE AMENDED TO
13 READ:
14 § 9795.1. REGISTRATION.
15 (A) TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
1 BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A
2 PERIOD OF TEN YEARS:
3 (1) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
4 OFFENSES:
5 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE
6 VICTIM IS A MINOR.
7 18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A
8 MOTOR VEHICLE).
9 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
10 ASSAULT).
11 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT)
12 WHERE THE OFFENSE IS GRADED AS A MISDEMEANOR OF THE FIRST
13 DEGREE OR HIGHER.
14 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
15 VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF
16 AGE.
17 18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND
18 RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE
19 PROSTITUTION OF A MINOR.
20 18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO
21 OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES)
22 WHERE THE VICTIM IS A MINOR.
23 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
24 CHILDREN).
25 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT WITH
26 MINOR).
27 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
28 CHILDREN).
29 * * *
30 § 9795.2. Registration procedures and applicability.
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1 (a) Registration.--
2 * * *
3 (2) Offenders and sexually violent predators shall
4 inform the Pennsylvania State Police within [ten days] 48
5 hours of:
6 (i) Any change of residence or establishment of an
7 additional residence or residences.
8 (ii) Any change of employer or employment location
9 for a period of time that will exceed 14 days or for an
10 aggregate period of time that will exceed 30 days during
11 any calendar year, or termination of employment.
12 (iii) Any change of institution or location at which
13 the person is enrolled as a student, or termination of
14 enrollment.
15 (iv) Becoming employed or enrolled as a student if
16 the person has not previously provided that information
17 to the Pennsylvania State Police.
18 (2.1) Registration with a new law enforcement agency
19 shall occur no later than [ten days] 48 hours after
20 establishing residence in another state.
21 * * *
22 (b) Individuals convicted or sentenced by a court or
23 adjudicated delinquent in jurisdictions outside this
24 Commonwealth or sentenced by court martial.--
25 (4) An individual who resides, is employed or is a
26 student in this Commonwealth and who has been convicted of or
27 sentenced by a court or court martialed for a sexually
28 violent offense or a similar offense under the laws of the
29 United States or one of its territories or possessions,
30 another state, the District of Columbia, the Commonwealth of
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1 Puerto Rico or a foreign nation, or who was required to
2 register under a sexual offender statute in the jurisdiction
3 where convicted, sentenced or court martialed, shall register
4 at an approved registration site within [ten days] 48 hours
5 of the individual's arrival in this Commonwealth. The
6 provisions of this subchapter shall apply to the individual
7 as follows:
8 (i) If the individual has been classified as a
9 sexually violent predator as defined in section 9792
10 (relating to definitions) or determined under the laws of
11 the other jurisdiction or by reason of court martial to
12 be subject to active notification and lifetime
13 registration on the basis of a statutorily authorized
14 administrative or judicial decision or on the basis of a
15 statute or administrative rule requiring active
16 notification and lifetime registration based solely on
17 the offense for which the individual was convicted,
18 sentenced or court martialed, the individual shall,
19 notwithstanding section 9792, be considered a sexually
20 violent predator and subject to lifetime registration
21 pursuant to section 9795.1(b) (relating to registration).
22 The individual shall also be subject to the provisions of
23 this section and sections 9796 (relating to verification
24 of residence), 9798 (relating to other notification) and
25 9798.1(c)(1) (relating to information made available on
26 the Internet), except that the individual shall not be
27 required to receive counseling unless required to do so
28 by the other jurisdiction or by reason of court martial.
29 (ii) Except as provided in subparagraphs (i) and
30 (iv), if the individual has been convicted or sentenced
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1 by a court or court martialed for an offense listed in
2 section 9795.1(b) or an equivalent offense, the
3 individual shall, notwithstanding section 9792, be
4 considered an offender and be subject to lifetime
5 registration pursuant to 9795.1(b). The individual shall
6 also be subject to the provisions of this section and
7 sections 9796 and 9798.1(c)(2).
8 (iii) Except as provided in subparagraphs (i), (ii),
9 (iv) and (v), if the individual has been convicted or
10 sentenced by a court or court martialed for an offense
11 listed in section 9795.1(a) or an equivalent offense, the
12 individual shall be, notwithstanding section 9792,
13 considered an offender and subject to registration
14 pursuant to this subchapter. The individual shall also be
15 subject to the provisions of this section and sections
16 9796 and 9798.1(c)(2). The individual shall be subject to
17 this subchapter for a period of ten years or for a period
18 of time equal to the time for which the individual was
19 required to register in the other jurisdiction or
20 required to register by reason of court martial,
21 whichever is greater, less any credit due to the
22 individual as a result of prior compliance with
23 registration requirements.
24 (iv) Except as provided in subparagraph (i) and
25 notwithstanding subparagraph (v), if the individual is
26 subject to active notification in the other jurisdiction
27 or subject to active notification by reason of court
28 martial, the individual shall, notwithstanding section
29 9792, be considered an offender and subject to this
30 section and sections 9796, 9798 and 9798.1(c)(1). If the
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1 individual was convicted of or sentenced in the other
2 jurisdiction or sentenced by court martial for an offense
3 listed in section 9795.1(b) or an equivalent offense, the
4 individual shall be subject to this subchapter for the
5 individual's lifetime. If the individual was convicted of
6 or sentenced in the other jurisdiction or sentenced by
7 court martial for an offense listed in section 9795.1(a)
8 or an equivalent offense, the individual shall be subject
9 to this subchapter for a period of ten years or for a
10 period of time equal to the time for which the individual
11 was required to register in the other jurisdiction or
12 required to register by reason of court martial,
13 whichever is greater, less any credit due to the
14 individual as a result of prior compliance with
15 registration requirements. Otherwise, the individual
16 shall be subject to this subchapter for a period of time
17 equal to the time for which the individual was required
18 to register in the other jurisdiction or required to
19 register by reason of court martial, less any credit due
20 to the individual as a result of prior compliance with
21 registration requirements.
22 (v) Except as provided in subparagraphs (i), (ii),
23 (iii) and (iv), if the individual is subject to passive
24 notification in the other jurisdiction or subject to
25 passive notification by reason of court martial, the
26 individual shall, notwithstanding section 9792, be
27 considered an offender and subject to this section and
28 sections 9796 and 9798.1(c)(2). The individual shall be
29 subject to this subchapter for a period of time equal to
30 the time for which the individual was required to
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1 register in the other jurisdiction or required to
2 register by reason of court martial, less any credit due
3 to the individual as a result of prior compliance with
4 registration requirements.
5 (5) Notwithstanding the provisions of Chapter 63
6 (relating to juvenile matters) and except as provided in
7 paragraph (4), an individual who resides, is employed or is a
8 student in this Commonwealth and who is required to register
9 as a sex offender under the laws of the United States or one
10 of its territories or possessions, another state, the
11 District of Columbia, the Commonwealth of Puerto Rico or a
12 foreign nation as a result of a juvenile adjudication shall
13 register at an approved registration site within [ten days]
14 48 hours of the individual's arrival in this Commonwealth.
15 The provisions of this subchapter shall apply to the
16 individual as follows:
17 (i) If the individual has been classified as a
18 sexually violent predator as defined in section 9792 or
19 determined under the laws of the other jurisdiction to be
20 subject to active notification and lifetime registration
21 on the basis of a statutorily authorized administrative
22 or judicial decision or on the basis of a statute or
23 administrative rule requiring active notification and
24 lifetime registration based solely on the offense for
25 which the individual was adjudicated, the individual
26 shall, notwithstanding section 9792, be considered a
27 sexually violent predator and subject to lifetime
28 registration pursuant to section 9795.1(b). The
29 individual shall also be subject to the provisions of
30 this section and sections 9796 and 9798.1(c)(1), except
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1 that the individual shall not be required to receive
2 counseling unless required to do so by the other
3 jurisdiction.
4 (ii) Except as provided in subparagraph (i), if the
5 individual is subject to active notification in the other
6 jurisdiction, the individual shall, notwithstanding
7 section 9792, be considered an offender and subject to
8 registration pursuant to this subchapter. The individual
9 shall also be subject to the provisions of this section
10 and sections 9796, 9798 and 9798.1(c)(1). The individual
11 shall be subject to this subchapter for a period of time
12 equal to the time for which the individual was required
13 to register in the other jurisdiction, less any credit
14 due to the individual as a result of prior compliance
15 with registration requirements.
16 (iii) Except as provided in subparagraphs (i) and
17 (ii), if the individual is subject to passive
18 notification in the other jurisdiction, the individual
19 shall, notwithstanding section 9792, be considered an
20 offender and be subject to this section and sections 9796
21 and 9798.1(c)(2). The individual shall be subject to this
22 subchapter for a period of time equal to the time for
23 which the individual was required to register in the
24 other jurisdiction, less any credit due to the individual
25 as a result of prior registration compliance.
26 * * *
27 Section 2. This act shall take effect in 60 days.
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