HOUSE AMENDED
PRIOR PRINTER'S NOS. 1235, 1624, 1813, PRINTER'S NO. 2076
1880
No. 944 Session of 2005
INTRODUCED BY ORIE, RAFFERTY, PUNT, COSTA, RHOADES, KITCHEN,
WONDERLING, PICCOLA, MUSTO, ERICKSON, REGOLA, MADIGAN, LOGAN,
D. WHITE, FONTANA, MELLOW, VANCE, PIPPY, BOSCOLA, WASHINGTON,
PILEGGI, WOZNIAK, STACK, ARMSTRONG, CORMAN, LAVALLE,
SCARNATI, KASUNIC, WENGER AND BROWNE, OCTOBER 18, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2006
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for rape and for involuntary <--
4 deviate sexual intercourse; providing for PROVIDING FOR <--
5 CONDUCT RELATING TO SEX OFFENDERS AND FOR loss of property
6 rights by certain offenders and for conduct relating to sex <--
7 offenders; further providing for failure to comply with
8 sexual offender registration requirements; defining "GPS" and <--
9 "GPS tracking device"; providing for GPS tracking, for
10 restricted travel, for alert system and for child protective
11 zones; further providing for verification of residence and
12 for information made available on the Internet; and making an
13 appropriation., FOR THE OFFENSE OF UNLAWFUL CONTACT WITH A <--
14 MINOR AND FOR SENTENCES FOR OFFENSES AGAINST INFANT PERSONS;
15 PROVIDING FOR SENTENCES FOR SEX OFFENDERS AND FOR SENTENCE
16 FOR FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS;
17 further providing for registration and for registration
18 procedures and applicability; PROVIDING FOR GLOBAL <--
19 POSITIONING SYSTEM TECHNOLOGY; AND FURTHER PROVIDING FOR THE
20 DUTIES OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
21 The General Assembly hereby declares its intention to enact
22 versions of Jessica's Law and Megan's Law in this Commonwealth.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
1 Section 1. Sections 3121(e) and 3123(d) of Title 18 of the <--
2 Pennsylvania Consolidated Statutes are amended and the sections
3 are amended by adding subsections to read:
4 § 3121. Rape.
5 * * *
6 (e) Sentences.--
7 (1) Notwithstanding the provisions of section 1103
8 (relating to sentence of imprisonment for felony), a person
9 under 18 years of age convicted of an offense under:
10 [(1)] (i) Subsection (c) shall be sentenced to a term of
11 imprisonment which shall be fixed by the court at not more
12 than 40 years.
13 [(2)] (ii) Subsection (d) shall be sentenced up to a
14 maximum term of life imprisonment.
15 (2) Notwithstanding the provisions of section 1103, a
16 person 18 years of age or older convicted of an offense
17 under:
18 (i) Subsection (c) shall be sentenced to a minimum
19 term of imprisonment which shall be fixed by the court at
20 not less than 25 years and up to a maximum term of 50
21 years.
22 (ii) Subsection (d) shall be sentenced to a minimum
23 term of 50 years and up to a maximum term of life
24 imprisonment.
25 (3) Notice of the applicability of this subsection shall
26 be provided to the defendant before trial. If such notice is
27 given, there shall be no authority in any court to impose on
28 an offender to which this subsection is applicable a lesser
29 sentence than provided herein or to place the offender on
30 probation, parole, work release or prerelease or to suspend
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1 sentence. Nothing in this subsection shall prevent the
2 sentencing court from imposing a sentence greater than
3 provided herein. Sentencing guidelines promulgated by the
4 Pennsylvania Commission on Sentencing shall not supersede the
5 mandatory sentences provided herein. If a sentencing court
6 refuses to apply this subsection where applicable, the
7 Commonwealth shall have the right to appellate review of the
8 action of the sentencing court. The appellate court shall
9 vacate the sentence and remand the case to the sentencing
10 court for imposition of a sentence in accordance with this
11 subsection if it finds that the sentence was imposed in
12 violation of this subsection.
13 (f) Multiple victims.--A consecutive term of imprisonment
14 shall be imposed for each victim of an offense under subsection
15 (c) or (d).
16 § 3123. Involuntary deviate sexual intercourse.
17 * * *
18 (d) Sentences.--
19 (1) Notwithstanding the provisions of section 1103
20 (relating to sentence of imprisonment for felony), a person
21 under 18 years of age convicted of an offense under:
22 [(1)] (i) Subsection (b) shall be sentenced to a term of
23 imprisonment which shall be fixed by the court at not more
24 than 40 years.
25 [(2)] (ii) Subsection (c) shall be sentenced up to a
26 maximum term of life imprisonment.
27 (2) Notwithstanding the provisions of section 1103, a
28 person 18 years of age or older convicted of an offense
29 under:
30 (i) Subsection (b) shall be sentenced to a minimum
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1 term of imprisonment which shall be fixed by the court at
2 not less than 25 years and up to a maximum term of 50
3 years.
4 (ii) Subsection (c) shall be sentenced up to a
5 minimum term of 50 years and up to a maximum term of life
6 imprisonment.
7 (3) Notice of the applicability of this subsection shall
8 be provided to the defendant before trial. If such notice is
9 given, there shall be no authority in any court to impose on
10 an offender to which this subsection is applicable a lesser
11 sentence than provided herein or to place the offender on
12 probation, parole, work release or prerelease or to suspend
13 sentence. Nothing in this subsection shall prevent the
14 sentencing court from imposing a sentence greater than
15 provided herein. Sentencing guidelines promulgated by the
16 Pennsylvania Commission on Sentencing shall not supersede the
17 mandatory sentences provided herein. If a sentencing court
18 refuses to apply this subsection where applicable, the
19 Commonwealth shall have the right to appellate review of the
20 action of the sentencing court. The appellate court shall
21 vacate the sentence and remand the case to the sentencing
22 court for imposition of a sentence in accordance with this
23 subsection if it finds that the sentence was imposed in
24 violation of this subsection.
25 (d.1) Multiple victims.--A consecutive term of imprisonment
26 shall be imposed for each victim of an offense under subsection
27 (b) or (c).
28 Section 2. Title 18 is amended by adding a section to read:
29 § 3130. Conduct relating to sex offenders.
30 A person who has knowledge that a sexual predator or sex
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1 offender is not complying with or has not complied with the
2 requirements of probation and parole, imposed by statute or
3 court order, including, but not limited to, therapeutic or
4 rehabilitative programs, travel restrictions and real-time
5 satellite monitoring of his or her physical location, commits a
6 felony of the third degree if the person knowingly:
7 (1) withholds information concerning, or does not notify
8 the law enforcement agent or agency about, the sexual
9 predator's or sex offender's noncompliance with the
10 requirements of probation, parole or the whereabouts of the
11 sexual predator or sex offender;
12 (2) harbors or attempts to harbor or assist another
13 person in harboring or attempting to harbor the sexually
14 violent predator or sex offender;
15 (3) conceals or attempts to conceal, or assists another
16 person in concealing or attempting to conceal, the sexual
17 predator or sex offender; or
18 (4) provides information to the law enforcement agent or
19 agency regarding the sexual predator or sex offender which
20 the person knows to be false.
21 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
22 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
23 § 3130. CONDUCT RELATING TO SEX OFFENDERS.
24 (A) OFFENSE DEFINED.--A PERSON COMMITS A FELONY OF THE THIRD
25 DEGREE IF THE PERSON HAS REASON TO BELIEVE THAT A SEX OFFENDER
26 IS NOT COMPLYING WITH OR HAS NOT COMPLIED WITH THE REQUIREMENTS
27 OF THE SEX OFFENDER'S PROBATION OR PAROLE, IMPOSED BY STATUTE OR
28 COURT ORDER, OR WITH THE REGISTRATION REQUIREMENTS OF 42 PA.C.S.
29 § 9795.2 (RELATING TO REGISTRATION PROCEDURES AND
30 APPLICABILITY), AND THE PERSON, WITH THE INTENT TO ASSIST THE
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1 SEX OFFENDER IN ELUDING A LAW ENFORCEMENT AGENT OR AGENCY THAT
2 IS SEEKING TO FIND THE SEX OFFENDER TO QUESTION THE SEX OFFENDER
3 ABOUT, OR TO ARREST THE SEX OFFENDER FOR, NONCOMPLIANCE WITH THE
4 REQUIREMENTS OF SEX OFFENDER'S PROBATION OR PAROLE OR THE
5 REQUIREMENTS OF 42 PA.C.S. § 9795.2:
6 (1) WITHHOLDS INFORMATION FROM OR DOES NOT NOTIFY THE
7 LAW ENFORCEMENT AGENT OR AGENCY ABOUT THE SEX OFFENDER'S
8 NONCOMPLIANCE WITH THE REQUIREMENTS OF PAROLE, THE
9 REQUIREMENTS OF 42 PA.C.S. § 9795.2 OR, IF KNOWN, THE SEX
10 OFFENDER'S WHEREABOUTS;
11 (2) HARBORS OR ATTEMPTS TO HARBOR OR ASSIST ANOTHER
12 PERSON IN HARBORING OR ATTEMPTING TO HARBOR THE SEX OFFENDER;
13 (3) CONCEALS OR ATTEMPTS TO CONCEAL, OR ASSISTS ANOTHER
14 PERSON IN CONCEALING OR ATTEMPTING TO CONCEAL, THE SEX
15 OFFENDER; OR
16 (4) PROVIDES INFORMATION TO THE LAW ENFORCEMENT AGENT OR
17 AGENCY REGARDING THE SEX OFFENDER WHICH THE PERSON KNOWS TO
18 BE FALSE.
19 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "SEX
20 OFFENDER" MEANS A PERSON WHO IS REQUIRED TO REGISTER WITH THE
21 PENNSYLVANIA STATE POLICE PURSUANT TO THE PROVISIONS OF 42
22 PA.C.S. § 9795.1 (RELATING TO REGISTRATION).
23 Section 3 2. Title 18 is amended by adding a subchapter to <--
24 read:
25 SUBCHAPTER C
26 LOSS OF PROPERTY RIGHTS
27 Sec.
28 3141. General rule.
29 3142. Process and seizure.
30 3143. Custody of property.
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1 3144. Disposal of property.
2 § 3141. General rule.
3 A person:
4 (1) convicted under section 3121 (relating to rape),
5 3122.1 (relating to statutory sexual assault), 3123 (relating
6 to involuntary deviate sexual intercourse), 3124.1 (relating
7 to sexual assault), 3125 (relating to aggravated indecent
8 assault) or 3126 (relating to indecent assault); or
9 (2) required to register with the Pennsylvania State
10 Police under 42 Pa.C.S. § 9795.2 (relating to registration
11 procedures and applicability);
12 may be required to forfeit property rights in any property or
13 assets used to implement or facilitate commission of the crime
14 or crimes of which the person has been convicted. Such property
15 may include, but is not limited to, a computer or computers,
16 telephone equipment, firearms, licit or illicit prescription
17 drugs or controlled substances, a motor vehicle or such other
18 property or assets as determined by the court of common pleas to
19 have facilitated the person's criminal misconduct.
20 § 3142. Process and seizure.
21 (a) Seizure.--Property subject to forfeiture under this
22 section may be seized by law enforcement authority upon process
23 issued by the court of common pleas having jurisdiction over the
24 person or property.
25 (b) Seizure without process.--Seizure without process may be
26 made if the seizure is incident to an arrest or a search under a
27 search warrant and there is probable cause to be believe that
28 the property was or is material to the charges for which the
29 arrest or search warrant was issued. In seizures without
30 process, proceedings for the issuance thereof shall be
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1 instituted immediately.
2 (c) Return of property.--Property belonging to someone other
3 than the convicted sex offender or registrant shall be returned
4 if the offense was committed without the knowledge or consent of
5 the owner.
6 § 3143. Custody of property.
7 Property taken or detained under this subchapter is deemed to
8 be the property of the law enforcement authority having custody
9 thereof and is subject only to the court of common pleas having
10 jurisdiction over the criminal or forfeiture proceedings, the
11 district attorney in the matter or the Attorney General.
12 § 3144. Disposal of property.
13 Property taken or detained pursuant to the provisions of this
14 subchapter shall be sold in the manner of property forfeited
15 under 42 Pa.C.S. Ch. 68 (relating to forfeitures). The net
16 proceeds, as determined by the law enforcement authority having
17 custody thereof, shall be utilized for investigation or
18 prosecution of sexual offenses or donated to nonprofit
19 charitable institutions which provide counseling and other
20 assistance to victims of sexual offenses.
21 Section 4. Section 4915 of Title 18 is amended to read: <--
22 § 4915. Failure to comply with registration of sexual offenders
23 requirements.
24 (a) Offense defined.--An individual who is subject to
25 registration under 42 Pa.C.S. § 9795.1(a) (relating to
26 registration) or an individual who is subject to registration
27 under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense
28 if he knowingly fails to:
29 (1) register with the Pennsylvania State Police as
30 required under 42 Pa.C.S. § 9795.2 (relating to registration
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1 procedures and applicability);
2 (2) verify his address or be photographed as required
3 under 42 Pa.C.S. § 9796 (relating to verification of
4 residence); or
5 (3) provide accurate information when registering under
6 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
7 § 9796.
8 (a.1) Harboring offenders.--A person commits a felony of the
9 third degree if the person knowingly or intentionally assists an
10 individual subject to registration under 42 Pa.C.S. § 9795.1 in
11 evading the requirements of 42 Pa.C.S. § 9795.2.
12 (b) Grading for offenders who must register for ten years.--
13 (1) Except as provided in paragraph (2), an individual
14 subject to registration under 42 Pa.C.S. § 9795.1(a) who
15 violates subsection (a)(1) [or], (2) or (3) commits a
16 [misdemeanor] felony of the third degree.
17 (2) An individual subject to registration under 42
18 Pa.C.S. § 9795.1(a) who commits a violation of subsection
19 (a)(1) [or], (2) or (3) and who has previously been convicted
20 of an offense under subsection (a)(1) or (2) or a similar
21 offense commits a [misdemeanor] felony of the second degree.
22 (3) An individual subject to registration under 42
23 Pa.C.S. § 9795.1(a) who commits a violation of subsection
24 (a)(1) [or], (2) or (3) and who has previously been convicted
25 of two or more offenses under subsection (a)(1) or (2) or a
26 similar offense commits a felony of the [third] first degree.
27 (4) An individual subject to registration under 42
28 Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
29 felony of the [third] first degree.
30 (c) Grading for sexually violent predators and others with
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1 lifetime registration.--
2 (1) Except as provided in paragraph (2), an individual
3 subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
4 or (3) who violates subsection (a)(1) or (2) commits a
5 [misdemeanor of the second] felony of the third degree.
6 (2) An individual subject to registration under 42
7 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of
8 subsection (a)(1) or (2) and who has previously been
9 convicted of an offense under subsection (a)(1) or (2) or a
10 similar offense commits a [misdemeanor of the first] felony
11 of the third degree.
12 (3) An individual subject to registration under 42
13 Pa.C.S § 9795.1(b)(1), (2) or (3) who commits a violation of
14 subsection (a)(1) or (2) and who has previously been
15 convicted of two or more offenses under subsection (a)(1) or
16 (2) or a similar offense commits a felony of the [third]
17 second degree.
18 (4) An individual subject to registration under 42
19 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
20 (a)(3) commits a felony of the [third] second degree.
21 (d) Effect of notice.--Neither failure on the part of the
22 Pennsylvania State Police to send nor failure of a sexually
23 violent predator or offender to receive any notice or
24 information pursuant to 42 Pa.C.S. § 9796(a.1) [or (b.1)],
25 (a.2), (b.1) or (b.2) shall be a defense to a prosecution
26 commenced against an individual arising from a violation of this
27 section. The provisions of 42 Pa.C.S. § 9796(a.1) [and (b.1)],
28 (a.2), (b.1) and (b.2) are not an element of an offense under
29 this section.
30 (e) Arrests for violation.--
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1 (1) A police officer shall have the same right of arrest
2 without a warrant as in a felony whenever the police officer
3 has probable cause to believe an individual has committed a
4 violation of this section regardless of whether the violation
5 occurred in the presence of the police officer.
6 (2) An individual arrested for a violation of this
7 section shall be afforded a preliminary arraignment by the
8 proper issuing authority without unnecessary delay. In no
9 case may the individual be released from custody without
10 first having appeared before the issuing authority.
11 (3) Prior to admitting an individual arrested for a
12 violation of this section to bail, the issuing authority
13 shall require all of the following:
14 (i) The individual must be fingerprinted and
15 photographed in the manner required by 42 Pa.C.S. Ch. 97
16 Subch. H (relating to registration of sexual offenders).
17 (ii) The individual must provide the Pennsylvania
18 State Police with all current or intended residences, all
19 information concerning current or intended employment,
20 including all employment locations, and all information
21 concerning current or intended enrollment as a student.
22 (iii) Law enforcement must make reasonable attempts
23 to verify the information provided by the individual.
24 (f) Definition.--As used in this section, the term "a
25 similar offense" means an offense similar to an offense under
26 either subsection (a)(1) or (2) under the laws of this
27 Commonwealth, the United States or one of its territories or
28 possessions, another state, the District of Columbia, the
29 Commonwealth of Puerto Rico or a foreign nation.
30 Section 5. Section 9792 of Title 42 is amended by adding
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1 definitions to read:
2 § 9792. Definitions.
3 The following words and phrases when used in this subchapter
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 * * *
7 "GPS." A global positioning system operated by the United
8 States Department of Defense which provides specially coded
9 satellite signals that can be processed by a receiver to compute
10 location.
11 "GPS tracking device." A device which enables the location
12 of the offender to be monitored through use of GPS and related
13 technology and which is designed so that it:
14 (1) actively and continuously monitors, identifies and
15 reports location data within a 100-mile radius;
16 (2) permits the Pennsylvania State Police and any local
17 police department to receive location data, record it
18 securely and confidentially and retain it indefinitely;
19 (3) can be worn around the wrist or ankle; and
20 (4) cannot be removed without:
21 (i) employing specialized equipment specifically
22 designed for that purpose; and
23 (ii) alerting the Pennsylvania State Police and each
24 local police department that it has been removed.
25 * * *
26 SECTION 3. SECTIONS 4915(B) AND (C) AND 6318 OF TITLE 18 ARE <--
27 AMENDED TO READ:
28 § 4915. FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS
29 REQUIREMENTS.
30 * * *
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1 (B) GRADING FOR OFFENDERS WHO MUST REGISTER FOR TEN YEARS.--
2 [(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL
3 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(A) WHO
4 VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A MISDEMEANOR OF
5 THE THIRD DEGREE.]
6 (2) [AN] EXCEPT AS SET FORTH IN PARAGRAPH (3), AN
7 INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S. §
8 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION (A)(1) OR (2)
9 [AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN OFFENSE UNDER
10 SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE] COMMITS A
11 [MISDEMEANOR OF THE SECOND DEGREE] FELONY OF THE THIRD
12 DEGREE.
13 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
14 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION
15 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF [TWO
16 OR MORE OFFENSES] AN OFFENSE UNDER SUBSECTION (A)(1) OR (2)
17 OR A SIMILAR OFFENSE COMMITS A FELONY OF THE [THIRD] SECOND
18 DEGREE.
19 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
20 PA.C.S. § 9795.1(A) WHO VIOLATES SUBSECTION (A)(3) COMMITS A
21 FELONY OF THE [THIRD] SECOND DEGREE.
22 (C) GRADING FOR SEXUALLY VIOLENT PREDATORS AND OTHERS WITH
23 LIFETIME REGISTRATION.--
24 [(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL
25 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(B)(1), (2)
26 OR (3) WHO VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A
27 MISDEMEANOR OF THE SECOND DEGREE.]
28 (2) [AN] EXCEPT AS SET FORTH IN PARAGRAPH (3), AN
29 INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42 PA.C.S. §
30 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF
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1 SUBSECTION (A)(1) OR (2) [AND WHO HAS PREVIOUSLY BEEN
2 CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A
3 SIMILAR OFFENSE] COMMITS A [MISDEMEANOR OF THE FIRST DEGREE]
4 FELONY OF THE SECOND DEGREE.
5 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
6 PA.C.S § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF
7 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN
8 CONVICTED OF [TWO OR MORE OFFENSES] AN OFFENSE UNDER
9 SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE COMMITS A
10 FELONY OF THE [THIRD] FIRST DEGREE.
11 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
12 PA.C.S. § 9795.1(B)(1), (2) OR (3) WHO VIOLATES SUBSECTION
13 (A)(3) COMMITS A FELONY OF THE [THIRD] FIRST DEGREE.
14 * * *
15 § 6318. UNLAWFUL CONTACT WITH MINOR.
16 (A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF HE IS
17 INTENTIONALLY IN CONTACT WITH A MINOR, OR A LAW ENFORCEMENT
18 OFFICER ACTING IN THE PERFORMANCE OF HIS DUTIES WHO HAS ASSUMED
19 THE IDENTITY OF A MINOR, FOR THE PURPOSE OF ENGAGING IN AN
20 ACTIVITY PROHIBITED UNDER ANY OF THE FOLLOWING, AND EITHER THE
21 PERSON INITIATING THE CONTACT OR THE PERSON BEING CONTACTED IS
22 WITHIN THIS COMMONWEALTH:
23 (1) ANY OF THE OFFENSES ENUMERATED IN CHAPTER 31
24 (RELATING TO SEXUAL OFFENSES).
25 (2) OPEN LEWDNESS AS DEFINED IN SECTION 5901 (RELATING
26 TO OPEN LEWDNESS).
27 (3) PROSTITUTION AS DEFINED IN SECTION 5902 (RELATING TO
28 PROSTITUTION AND RELATED OFFENSES).
29 (4) OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES
30 AS DEFINED IN SECTION 5903 (RELATING TO OBSCENE AND OTHER
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1 SEXUAL MATERIALS AND PERFORMANCES).
2 (5) SEXUAL ABUSE OF CHILDREN AS DEFINED IN SECTION 6312
3 (RELATING TO SEXUAL ABUSE OF CHILDREN).
4 (6) SEXUAL EXPLOITATION OF CHILDREN AS DEFINED IN
5 SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF CHILDREN).
6 (B) GRADING.--A VIOLATION OF SUBSECTION (A) IS:
7 (1) AN OFFENSE OF THE SAME GRADE AND DEGREE AS THE MOST
8 SERIOUS UNDERLYING OFFENSE IN SUBSECTION (A) FOR WHICH THE
9 DEFENDANT CONTACTED THE MINOR; OR
10 (2) A [MISDEMEANOR] FELONY OF THE [FIRST] THIRD DEGREE;
11 WHICHEVER IS GREATER.
12 (B.1) CONCURRENT JURISDICTION TO PROSECUTE.--THE ATTORNEY
13 GENERAL SHALL HAVE CONCURRENT PROSECUTORIAL JURISDICTION WITH
14 THE DISTRICT ATTORNEY FOR VIOLATIONS UNDER THIS SECTION AND ANY
15 CRIME ARISING OUT OF THE ACTIVITY PROHIBITED BY THIS SECTION
16 WHEN THE PERSON CHARGED WITH A VIOLATION OF THIS SECTION
17 CONTACTS A MINOR THROUGH THE USE OF A COMPUTER, COMPUTER SYSTEM
18 OR COMPUTER NETWORK. NO PERSON CHARGED WITH A VIOLATION OF THIS
19 SECTION BY THE ATTORNEY GENERAL SHALL HAVE STANDING TO CHALLENGE
20 THE AUTHORITY OF THE ATTORNEY GENERAL TO PROSECUTE THE CASE,
21 AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE SHALL BE
22 DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE COURTS OF THIS
23 COMMONWEALTH TO THE PERSON MAKING THE CHALLENGE.
24 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
25 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
26 SUBSECTION:
27 "COMPUTER." AN ELECTRONIC, MAGNETIC, OPTICAL, HYDRAULIC,
28 ORGANIC OR OTHER HIGH-SPEED DATA PROCESSING DEVICE OR SYSTEM
29 WHICH PERFORMS LOGIC, ARITHMETIC OR MEMORY FUNCTIONS AND
30 INCLUDES ALL INPUT, OUTPUT, PROCESSING, STORAGE, SOFTWARE OR
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1 COMMUNICATION FACILITIES WHICH ARE CONNECTED OR RELATED TO THE
2 DEVICE IN A COMPUTER SYSTEM OR COMPUTER NETWORK.
3 "COMPUTER NETWORK." THE INTERCONNECTION OF TWO OR MORE
4 COMPUTERS THROUGH THE USAGE OF SATELLITE, MICROWAVE, LINE OR
5 OTHER COMMUNICATION MEDIUM.
6 "COMPUTER SYSTEM." A SET OF RELATED, CONNECTED OR
7 UNCONNECTED COMPUTER EQUIPMENT, DEVICES AND SOFTWARE.
8 "CONTACTS." DIRECT OR INDIRECT CONTACT OR COMMUNICATION BY
9 ANY MEANS, METHOD OR DEVICE, INCLUDING CONTACT OR COMMUNICATION
10 IN PERSON OR THROUGH AN AGENT OR AGENCY, THROUGH ANY PRINT
11 MEDIUM, THE MAILS, A COMMON CARRIER OR COMMUNICATION COMMON
12 CARRIER, ANY ELECTRONIC COMMUNICATION SYSTEM AND ANY
13 TELECOMMUNICATIONS, WIRE, COMPUTER OR RADIO COMMUNICATIONS
14 DEVICE OR SYSTEM.
15 "MINOR." AN INDIVIDUAL UNDER 18 YEARS OF AGE.
16 SECTION 4. SECTION 9718(A) OF TITLE 42, AMENDED NOVEMBER 30,
17 2004 (P.L.1703, NO.217), IS AMENDED AND THE SECTION IS AMENDED
18 BY ADDING SUBSECTIONS TO READ:
19 § 9718. SENTENCES FOR OFFENSES AGAINST INFANT PERSONS.
20 (A) MANDATORY SENTENCE.--
21 (1) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
22 THE VICTIM IS UNDER 16 YEARS OF AGE SHALL BE SENTENCED TO A
23 MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
24 18 PA.C.S. § 2702(A)(1) AND (4) (RELATING TO AGGRAVATED
25 ASSAULT) - NOT LESS THAN TWO YEARS.
26 18 PA.C.S. § 3121(A)(1), (2), (3), (4) AND (5) (RELATING
27 TO RAPE) - NOT LESS THAN [FIVE] TEN YEARS.
28 18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
29 INTERCOURSE) - NOT LESS THAN [FIVE] TEN YEARS.
30 18 PA.C.S. § 3125(A)(1) THROUGH (6) (RELATING TO
20050S0944B2076 - 16 -
1 AGGRAVATED INDECENT ASSAULT) - NOT LESS THAN FIVE YEARS.
2 (2) A PERSON CONVICTED OF THE FOLLOWING OFFENSES WHEN
3 THE VICTIM IS LESS THAN 13 YEARS OF AGE SHALL BE SENTENCED TO
4 A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
5 18 PA.C.S. § 2702(A)(1) [(RELATING TO AGGRAVATED
6 ASSAULT)] - NOT LESS THAN FIVE YEARS.
7 [18 PA.C.S. § 3125(A)(1) THROUGH (6) (RELATING TO
8 AGGRAVATED INDECENT ASSAULT) - NOT LESS THAN TWO AND ONE-HALF
9 YEARS.]
10 (3) A PERSON CONVICTED OF THE FOLLOWING OFFENSES SHALL
11 BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT AS FOLLOWS:
12 18 PA.C.S. § 3121(C) AND (D) - NOT LESS THAN [FIVE] TEN
13 YEARS.
14 18 PA.C.S. § 3125(A)(7) - NOT LESS THAN [TWO AND ONE-
15 HALF] FIVE YEARS.
16 18 PA.C.S. § 3125(B) - NOT LESS THAN [FIVE] TEN YEARS.
17 * * *
18 (C) PROOF AT SENTENCING.--PROVISIONS OF THIS SECTION SHALL
19 NOT BE AN ELEMENT OF THE CRIME AND NOTICE OF THE PROVISIONS OF
20 THIS SECTION TO THE DEFENDANT SHALL NOT BE REQUIRED PRIOR TO
21 CONVICTION, BUT REASONABLE NOTICE OF THE COMMONWEALTH'S
22 INTENTION TO PROCEED UNDER THIS SECTION SHALL BE PROVIDED AFTER
23 CONVICTION AND BEFORE SENTENCING. THE APPLICABILITY OF THIS
24 SECTION SHALL BE DETERMINED AT SENTENCING. THE COURT SHALL
25 CONSIDER ANY EVIDENCE PRESENTED AT TRIAL AND SHALL AFFORD THE
26 COMMONWEALTH AND THE DEFENDANT AN OPPORTUNITY TO PRESENT ANY
27 NECESSARY ADDITIONAL EVIDENCE AND SHALL DETERMINE, BY A
28 PREPONDERANCE OF THE EVIDENCE, IF THIS SECTION IS APPLICABLE.
29 (D) AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE NO
30 AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
20050S0944B2076 - 17 -
1 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
2 SUBSECTION (A) OR TO PLACE THE OFFENDER ON PROBATION OR TO
3 SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE
4 SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT
5 PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY
6 THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE
7 THE MANDATORY SENTENCES PROVIDED IN THIS SECTION.
8 (E) APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT REFUSES
9 TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL
10 HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE
11 SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE
12 AND REMAND THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A
13 SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE
14 SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION.
15 SECTION 5. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
16 § 9718.2. SENTENCES FOR SEX OFFENDERS.
17 (A) MANDATORY SENTENCE.--
18 (1) ANY PERSON WHO IS CONVICTED IN ANY COURT OF THIS
19 COMMONWEALTH OF AN OFFENSE SET FORTH IN SECTION 9795.1(A) OR
20 (B) (RELATING TO REGISTRATION) SHALL, IF AT THE TIME OF THE
21 COMMISSION OF THE CURRENT OFFENSE THE PERSON HAD PREVIOUSLY
22 BEEN CONVICTED OF AN OFFENSE SET FORTH IN SECTION 9795.1(A)
23 OR (B) OR AN EQUIVALENT CRIME UNDER THE LAWS OF THIS
24 COMMONWEALTH IN EFFECT AT THE TIME OF THE COMMISSION OF THAT
25 OFFENSE OR AN EQUIVALENT CRIME IN ANOTHER JURISDICTION, BE
26 SENTENCED TO A MINIMUM SENTENCE OF AT LEAST 25 YEARS OF TOTAL
27 CONFINEMENT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS
28 TITLE OR OTHER STATUTE TO THE CONTRARY. UPON SUCH CONVICTION
29 THE COURT SHALL GIVE THE PERSON ORAL AND WRITTEN NOTICE OF
30 THE PENALTIES UNDER PARAGRAPH (2) FOR A THIRD CONVICTION.
20050S0944B2076 - 18 -
1 FAILURE TO PROVIDE SUCH NOTICE SHALL NOT RENDER THE OFFENDER
2 INELIGIBLE TO BE SENTENCED UNDER PARAGRAPH (2).
3 (2) WHERE THE PERSON HAD AT THE TIME OF THE COMMISSION
4 OF THE CURRENT OFFENSE PREVIOUSLY BEEN CONVICTED OF TWO OR
5 MORE OFFENSES ARISING FROM SEPARATE CRIMINAL TRANSACTIONS SET
6 FORTH IN SECTION 9795.1(A) OR (B) OR EQUIVALENT CRIMES UNDER
7 THE LAWS OF THIS COMMONWEALTH IN EFFECT AT THE TIME OF THE
8 COMMISSION OF THE OFFENSE OR EQUIVALENT CRIMES IN ANOTHER
9 JURISDICTION, THE PERSON SHALL BE SENTENCED TO A TERM OF LIFE
10 IMPRISONMENT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS
11 TITLE OR OTHER STATUTE TO THE CONTRARY. PROOF THAT THE
12 OFFENDER RECEIVED NOTICE OF OR OTHERWISE KNEW OR SHOULD HAVE
13 KNOWN OF THE PENALTIES UNDER THIS PARAGRAPH SHALL NOT BE
14 REQUIRED.
15 (B) MANDATORY MAXIMUM.--AN OFFENDER SENTENCED TO A MANDATORY
16 MINIMUM SENTENCE UNDER THIS SECTION SHALL BE SENTENCED TO A
17 MAXIMUM SENTENCE EQUAL TO TWICE THE MANDATORY MINIMUM SENTENCE,
18 NOTWITHSTANDING 18 PA.C.S. § 1103 (RELATING TO SENTENCE OF
19 IMPRISONMENT FOR FELONY) OR ANY OTHER PROVISION OF THIS TITLE OR
20 OTHER STATUTE TO THE CONTRARY.
21 (C) PROOF OF SENTENCING.--THE PROVISION OF THIS SECTION
22 SHALL NOT BE AN ELEMENT OF THE CRIME AND NOTICE THEREOF TO THE
23 DEFENDANT SHALL NOT BE REQUIRED PRIOR TO CONVICTION, BUT
24 REASONABLE NOTICE OF THE COMMONWEALTH'S INTENTION TO PROCEED
25 UNDER THIS SECTION SHALL BE PROVIDED AFTER CONVICTION AND BEFORE
26 SENTENCING. THE APPLICABILITY OF THIS SECTION SHALL BE
27 DETERMINED AT SENTENCING. THE SENTENCING COURT, PRIOR TO
28 IMPOSING SENTENCE ON AN OFFENDER UNDER SUBSECTION (A), SHALL
29 HAVE A COMPLETE RECORD OF THE PREVIOUS CONVICTIONS OF THE
30 OFFENDER, COPIES OF WHICH SHALL BE FURNISHED TO THE OFFENDER. IF
20050S0944B2076 - 19 -
1 THE OFFENDER OR THE ATTORNEY FOR THE COMMONWEALTH CONTESTS THE
2 ACCURACY OF THE RECORD, THE COURT SHALL SCHEDULE A HEARING AND
3 DIRECT THE OFFENDER AND THE ATTORNEY FOR THE COMMONWEALTH TO
4 SUBMIT EVIDENCE REGARDING THE PREVIOUS CONVICTIONS OF THE
5 OFFENDER. THE COURT SHALL THEN DETERMINE, BY A PREPONDERANCE OF
6 THE EVIDENCE, THE PREVIOUS CONVICTIONS OF THE OFFENDER AND, IF
7 THIS SECTION IS APPLICABLE, SHALL IMPOSE SENTENCE IN ACCORDANCE
8 WITH THIS SECTION. SHOULD A PREVIOUS CONVICTION BE VACATED AND
9 AN ACQUITTAL OR FINAL DISCHARGE ENTERED SUBSEQUENT TO IMPOSITION
10 OF SENTENCE UNDER THIS SECTION, THE OFFENDER SHALL HAVE THE
11 RIGHT TO PETITION THE SENTENCING COURT FOR RECONSIDERATION OF
12 SENTENCE IF THIS SECTION WOULD NOT HAVE BEEN APPLICABLE EXCEPT
13 FOR THE CONVICTION WHICH WAS VACATED.
14 (D) AUTHORITY OF COURT IN SENTENCING.--NOTICE OF THE
15 APPLICATION OF THIS SECTION SHALL BE PROVIDED TO THE DEFENDANT
16 BEFORE TRIAL. IF THE NOTICE IS GIVEN, THERE SHALL BE NO
17 AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
18 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
19 SUBSECTIONS (A) AND (B) OR TO PLACE THE OFFENDER ON PROBATION OR
20 TO SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE
21 SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT
22 PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY
23 THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE
24 THE MANDATORY SENTENCES PROVIDED IN THIS SECTION.
25 (E) APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT SHALL
26 REFUSE TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH
27 SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE
28 SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE
29 AND REMAND THE CASE TO THE SENTENCING COURT FOR THE IMPOSITION
30 OF A SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT
20050S0944B2076 - 20 -
1 THE SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION.
2 § 9718.3. SENTENCE FOR FAILURE TO COMPLY WITH REGISTRATION OF
3 SEXUAL OFFENDERS.
4 (A) MANDATORY SENTENCE.--MANDATORY SENTENCING SHALL BE AS
5 FOLLOWS:
6 (1) SENTENCING UPON CONVICTION FOR A FIRST OFFENSE SHALL
7 BE AS FOLLOWS:
8 (I) NOT LESS THAN TWO YEARS FOR AN INDIVIDUAL WHO:
9 (A) WAS SUBJECT TO SECTION 9795.1(A) (RELATING
10 TO REGISTRATION) OR A SIMILAR PROVISION FROM ANOTHER
11 JURISDICTION; AND
12 (B) VIOLATED 18 PA.C.S. § 4915(A)(1) OR (2)
13 (RELATING TO FAILURE TO COMPLY WITH REGISTRATION OF
14 SEXUAL OFFENDERS REQUIREMENTS).
15 (II) NOT LESS THAN THREE YEARS FOR AN INDIVIDUAL
16 WHO:
17 (A) WAS SUBJECT TO SECTION 9795.1(A) OR A
18 SIMILAR PROVISION FROM ANOTHER JURISDICTION; AND
19 (B) VIOLATED 18 PA.C.S. § 4915(A)(3).
20 (III) NOT LESS THAN THREE YEARS FOR AN INDIVIDUAL
21 WHO:
22 (A) WAS SUBJECT TO SECTION 9795.1(B) OR A
23 SIMILAR PROVISION FROM ANOTHER JURISDICTION; AND
24 (B) VIOLATED 18 PA.C.S. § 4915(A)(1) OR (2).
25 (IV) NOT LESS THAN FIVE YEARS FOR AN INDIVIDUAL WHO:
26 (A) WAS SUBJECT TO SECTION 9795.1(B) OR A
27 SIMILAR PROVISION FROM ANOTHER JURISDICTION; AND
28 (B) VIOLATED 18 PA.C.S. § 4915(A)(3).
29 (2) SENTENCING UPON CONVICTION FOR A SECOND OR
30 SUBSEQUENT OFFENSE SHALL BE AS FOLLOWS:
20050S0944B2076 - 21 -
1 (I) NOT LESS THAN FIVE YEARS FOR AN INDIVIDUAL WHO:
2 (A) WAS SUBJECT TO SECTION 9795.1(A) OR A
3 SIMILAR PROVISION FROM ANOTHER JURISDICTION; AND
4 (B) VIOLATED 18 PA.C.S. § 4915(A)(1) OR (2).
5 (II) NOT LESS THAN SEVEN YEARS FOR AN INDIVIDUAL
6 WHO:
7 (A) WAS SUBJECT TO SECTION 9795.1 OR A SIMILAR
8 PROVISION FROM ANOTHER JURISDICTION; AND
9 (B) VIOLATED 18 PA.C.S. § 4915(A)(3).
10 (B) PROOF AT SENTENCING.--PROVISIONS OF THIS SECTION SHALL
11 NOT BE AN ELEMENT OF THE CRIME, AND NOTICE THEREOF TO THE
12 DEFENDANT SHALL NOT BE REQUIRED PRIOR TO CONVICTION, BUT
13 REASONABLE NOTICE OF THE COMMONWEALTH'S INTENTION TO PROCEED
14 UNDER THIS SECTION SHALL BE PROVIDED AFTER CONVICTION AND BEFORE
15 SENTENCING. THE APPLICABILITY OF THIS SECTION SHALL BE
16 DETERMINED AT SENTENCING. THE COURT SHALL CONSIDER ANY EVIDENCE
17 PRESENTED AT TRIAL AND SHALL AFFORD THE COMMONWEALTH AND THE
18 DEFENDANT AN OPPORTUNITY TO PRESENT ANY NECESSARY ADDITIONAL
19 EVIDENCE AND SHALL DETERMINE, BY A PREPONDERANCE OF THE
20 EVIDENCE, IF THIS SECTION IS APPLICABLE.
21 (C) AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE NO
22 AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
23 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
24 SUBSECTION (A) OR TO PLACE SUCH OFFENDER ON PROBATION OR TO
25 SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE
26 SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT
27 PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY
28 THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE
29 THE MANDATORY SENTENCES PROVIDED IN THIS SECTION.
30 (D) APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT REFUSES
20050S0944B2076 - 22 -
1 TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL
2 HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE
3 SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE
4 AND REMAND THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A
5 SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE
6 SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION.
7 Section 6. Section 9795.1 of Title 42, amended November 24,
8 2004 (P.L.1243, No.152), is amended to read:
9 § 9795.1. Registration.
10 (a) Ten-year registration.--The following individuals shall
11 be required to register with the Pennsylvania State Police for a
12 period of ten years:
13 (1) Individuals convicted of any of the following
14 offenses:
15 18 Pa.C.S. § 2901 (relating to kidnapping) where the
16 victim is a minor.
17 18 Pa.C.S. § 2910 (relating to luring a child into a
18 motor vehicle).
19 18 Pa.C.S. § 3124.2 (relating to institutional sexual
20 assault).
21 18 Pa.C.S. § 3126 (relating to indecent assault)
22 where the offense is GRADED AS a misdemeanor of the first <--
23 degree OR HIGHER. <--
24 18 Pa.C.S. § 4302 (relating to incest) where the
25 victim is 12 years of age or older but under 18 years of
26 age.
27 18 Pa.C.S. § 5902(b) (relating to prostitution and
28 related offenses) where the actor promotes the
29 prostitution of a minor.
30 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
20050S0944B2076 - 23 -
1 obscene and other sexual materials and performances)
2 where the victim is a minor.
3 18 Pa.C.S. § 6312 (relating to sexual abuse of
4 children).
5 18 Pa.C.S. § 6318 (relating to unlawful contact with
6 minor).
7 18 Pa.C.S. § 6320 (relating to sexual exploitation of
8 children).
9 (2) Individuals convicted of an attempt to commit any of
10 the offenses under paragraph (1) or subsection (b)(2).
11 (3) Individuals currently residing in this Commonwealth
12 who have been convicted of offenses similar to the crimes
13 cited in paragraphs (1) and (2) under the laws of the United
14 States or one of its territories or possessions, another
15 state, the District of Columbia, the Commonwealth of Puerto
16 Rico or a foreign nation.
17 (b) Lifetime registration.--The following individuals shall
18 be subject to lifetime registration:
19 (1) An individual with two or more convictions of any of
20 the offenses set forth in subsection (a).
21 (2) Individuals convicted of any of the following
22 offenses:
23 18 Pa.C.S. § 3121 (relating to rape).
24 18 Pa.C.S. § 3123 (relating to involuntary deviate
25 sexual intercourse).
26 18 Pa.C.S. § 3124.1 (relating to sexual assault).
27 18 Pa.C.S. § 3125 (relating to aggravated indecent
28 assault).
29 18 Pa.C.S. § 4302 (relating to incest) when the
30 victim is under 12 years of age.
20050S0944B2076 - 24 -
1 (3) Sexually violent predators.
2 (4) Individuals currently residing in this Commonwealth
3 who have been convicted of offenses similar to the crimes
4 cited in paragraph (2) under the laws of the United States or
5 one of its territories or possessions, another state, the
6 District of Columbia, the Commonwealth of Puerto Rico or a
7 foreign nation.
8 (c) Natural disaster.--The occurrence of a natural disaster
9 or other event requiring evacuation of residences shall not
10 relieve an individual of the duty to register or any other duty
11 imposed by this chapter.
12 Section 7. Section 9795.2 heading, (a) and (d) (A) AND (B) <--
13 of Title 42, amended November 24, 2004 (P.L.1243, No.152), are
14 amended and the section is amended by adding subsections to <--
15 read:
16 § 9795.2. Registration procedures [and]; applicability; <--
17 probationary supervision; alert system; child
18 protective zone.
19 (a) Registration.--
20 (1) Offenders and sexually violent predators shall be
21 required to register with the Pennsylvania State Police upon
22 release from incarceration, upon parole from a State or
23 county correctional institution or upon the commencement of a
24 sentence of intermediate punishment or probation. During the
25 entire period of time for which the offender or sexually
26 violent predator is required to register, the Pennsylvania
27 State Police shall be required to monitor and ascertain the
28 ongoing compliance of the individual with all requirements
29 and restrictions herein, and shall be ultimately responsible
30 for tracking the individual's location and compliance. Where
20050S0944B2076 - 25 -
1 the individual's current or intended residence, or place of
2 employment, is within the jurisdiction of a local law
3 enforcement agency or police department, the Pennsylvania
4 State Police shall develop protocols for working with local
5 officials to determine current, real-time compliance at all
6 times.
7 (i) For purposes of registration, offenders and
8 sexually violent predators shall provide the Pennsylvania
9 State Police with all current or intended residences[,].
10 (A) If the offender or sexually violent
11 predator's place of residence is a motor vehicle,
12 trailer, mobile home or manufactured home, the
13 offender or sexually violent predator shall also
14 provide the vehicle identification number, the
15 license tag number, the registration number and a
16 description, including color scheme, of the motor
17 vehicle, trailer, mobile home or manufactured home.
18 (B) If the offender or sexually violent
19 predator's place of residence is a vessel, live-
20 aboard vessel or houseboat, the offender or sexually
21 violent predator shall also provide the hull
22 identification number, the manufacturer's serial
23 number, the name of the vessel, live-aboard vessel or
24 houseboat, the registration number and a description,
25 including color scheme, of the vessel, live-aboard
26 vessel or houseboat. If the offender or sexually
27 violent predator is homeless, he shall be secured a
28 residential placement by the appropriate State or
29 municipal authorities within seven days of notice
30 thereof to the Pennsylvania State Police. Should the
20050S0944B2076 - 26 -
1 effort to secure residential placement fail within
2 the time period allotted, the offender or sexually
3 violent predator shall be required to appear at the
4 offices of the nearest law enforcement organization
5 every seven days, in person, to report his current
6 whereabouts, until he reports a residence address,
7 which shall be verified before he is released from
8 reporting in person every seven days.
9 (ii) The registration process also requires
10 offenders and sexually violent predators to disclose all
11 information concerning current or intended employment and
12 all information concerning current or intended enrollment
13 as a student.
14 (iii) Offenders and sexually violent predators are
15 also required to disclose a driver's license, if held,
16 and the make, model, color, VIN number and license plate
17 number of any motor vehicle which the offender or
18 sexually violent predator owns or to which he has access,
19 along with current vehicle registration and insurance
20 information.
21 (2) Offenders and sexually violent predators shall
22 inform the Pennsylvania State Police within [ten days] 48 <--
23 HOURS of:
24 (i) Any change of residence or establishment of an
25 additional residence or residences.
26 (ii) Any change of employer or employment location
27 for a period of time that will exceed 14 days or for an
28 aggregate period of time that will exceed 30 days during
29 any calendar year, or termination of employment.
30 (iii) Any change of institution or location at which
20050S0944B2076 - 27 -
1 the person is enrolled as a student, or termination of
2 enrollment.
3 (iv) Becoming employed or enrolled as a student if
4 the person has not previously provided that information
5 to the Pennsylvania State Police.
6 (2.1) Registration with a new law enforcement agency
7 shall occur no later than [ten days] 48 HOURS after <--
8 establishing residence in another state.
9 (2.2) Persons required to comply with registration
10 provisions pursuant to a conviction for a sexual offense
11 under the laws of the United States or one of its territories
12 or possessions, another state, the District of Columbia, the
13 Commonwealth of Puerto Rico or a foreign nation shall
14 register with the Pennsylvania State Police no later then ten
15 days after establishing residence in this Commonwealth.
16 (3) The ten-year registration period required in section
17 9795.1(a) (relating to registration) shall be tolled when an
18 offender is recommitted for a parole violation or sentenced
19 to an additional term of imprisonment. In such cases, the
20 Department of Corrections or county correctional facility
21 shall notify the Pennsylvania State Police of the admission
22 of the offender.
23 (4) This paragraph shall apply to all offenders and
24 sexually violent predators:
25 (i) Where the offender or sexually violent predator
26 was granted parole by the Pennsylvania Board of Probation
27 and Parole or the court or is sentenced to probation or
28 intermediate punishment, the board or county office of
29 probation and parole shall collect registration
30 information from the offender or sexually violent
20050S0944B2076 - 28 -
1 predator and forward that registration information to the
2 Pennsylvania State Police. The Department of Corrections
3 or county correctional facility shall not release the
4 offender or sexually violent predator until it receives
5 verification from the Pennsylvania State Police that it
6 has received the registration information. Verification
7 by the Pennsylvania State Police may occur by electronic
8 means, including e-mail or facsimile transmission. Where
9 the offender or sexually violent predator is scheduled to
10 be released from a State correctional facility or county
11 correctional facility because of the expiration of the
12 maximum term of incarceration, the Department of
13 Corrections or county correctional facility shall collect
14 the information from the offender or sexually violent
15 predator no later than ten days prior to the maximum
16 expiration date. The registration information shall be
17 forwarded to the Pennsylvania State Police.
18 (ii) Where the offender or sexually violent predator
19 scheduled to be released from a State correctional
20 facility or county correctional facility due to the
21 maximum expiration date refuses to provide the
22 registration information, the Department of Corrections
23 or county correctional facility shall notify the
24 Pennsylvania State Police or police department with
25 jurisdiction over the facility of the failure to provide
26 registration information and of the expected date, time
27 and location of the release of the offender or sexually
28 violent predator.
29 (B) INDIVIDUALS CONVICTED OR SENTENCED BY A COURT OR <--
30 ADJUDICATED DELINQUENT IN JURISDICTIONS OUTSIDE THIS
20050S0944B2076 - 29 -
1 COMMONWEALTH OR SENTENCED BY COURT MARTIAL.--
2 (4) AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A
3 STUDENT IN THIS COMMONWEALTH AND WHO HAS BEEN CONVICTED OF OR
4 SENTENCED BY A COURT OR COURT MARTIALED FOR A SEXUALLY
5 VIOLENT OFFENSE OR A SIMILAR OFFENSE UNDER THE LAWS OF THE
6 UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS,
7 ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF
8 PUERTO RICO OR A FOREIGN NATION, OR WHO WAS REQUIRED TO
9 REGISTER UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION
10 WHERE CONVICTED, SENTENCED OR COURT MARTIALED, SHALL REGISTER
11 AT AN APPROVED REGISTRATION SITE WITHIN [TEN DAYS] 48 HOURS
12 OF THE INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH. THE
13 PROVISIONS OF THIS SUBCHAPTER SHALL APPLY TO THE INDIVIDUAL
14 AS FOLLOWS:
15 (I) IF THE INDIVIDUAL HAS BEEN CLASSIFIED AS A
16 SEXUALLY VIOLENT PREDATOR AS DEFINED IN SECTION 9792
17 (RELATING TO DEFINITIONS) OR DETERMINED UNDER THE LAWS OF
18 THE OTHER JURISDICTION OR BY REASON OF COURT MARTIAL TO
19 BE SUBJECT TO ACTIVE NOTIFICATION AND LIFETIME
20 REGISTRATION ON THE BASIS OF A STATUTORILY AUTHORIZED
21 ADMINISTRATIVE OR JUDICIAL DECISION OR ON THE BASIS OF A
22 STATUTE OR ADMINISTRATIVE RULE REQUIRING ACTIVE
23 NOTIFICATION AND LIFETIME REGISTRATION BASED SOLELY ON
24 THE OFFENSE FOR WHICH THE INDIVIDUAL WAS CONVICTED,
25 SENTENCED OR COURT MARTIALED, THE INDIVIDUAL SHALL,
26 NOTWITHSTANDING SECTION 9792, BE CONSIDERED A SEXUALLY
27 VIOLENT PREDATOR AND SUBJECT TO LIFETIME REGISTRATION
28 PURSUANT TO SECTION 9795.1(B) (RELATING TO REGISTRATION).
29 THE INDIVIDUAL SHALL ALSO BE SUBJECT TO THE PROVISIONS OF
30 THIS SECTION AND SECTIONS 9796 (RELATING TO VERIFICATION
20050S0944B2076 - 30 -
1 OF RESIDENCE), 9798 (RELATING TO OTHER NOTIFICATION) AND
2 9798.1(C)(1) (RELATING TO INFORMATION MADE AVAILABLE ON
3 THE INTERNET), EXCEPT THAT THE INDIVIDUAL SHALL NOT BE
4 REQUIRED TO RECEIVE COUNSELING UNLESS REQUIRED TO DO SO
5 BY THE OTHER JURISDICTION OR BY REASON OF COURT MARTIAL.
6 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND
7 (IV), IF THE INDIVIDUAL HAS BEEN CONVICTED OR SENTENCED
8 BY A COURT OR COURT MARTIALED FOR AN OFFENSE LISTED IN
9 SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE
10 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE
11 CONSIDERED AN OFFENDER AND BE SUBJECT TO LIFETIME
12 REGISTRATION PURSUANT TO 9795.1(B). THE INDIVIDUAL SHALL
13 ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION AND
14 SECTIONS 9796 AND 9798.1(C)(2).
15 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II),
16 (IV) AND (V), IF THE INDIVIDUAL HAS BEEN CONVICTED OR
17 SENTENCED BY A COURT OR COURT MARTIALED FOR AN OFFENSE
18 LISTED IN SECTION 9795.1(A) OR AN EQUIVALENT OFFENSE, THE
19 INDIVIDUAL SHALL BE, NOTWITHSTANDING SECTION 9792,
20 CONSIDERED AN OFFENDER AND SUBJECT TO REGISTRATION
21 PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL SHALL ALSO BE
22 SUBJECT TO THE PROVISIONS OF THIS SECTION AND SECTIONS
23 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO
24 THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A PERIOD
25 OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS
26 REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR
27 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL,
28 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE
29 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
30 REGISTRATION REQUIREMENTS.
20050S0944B2076 - 31 -
1 (IV) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) AND
2 NOTWITHSTANDING SUBPARAGRAPH (V), IF THE INDIVIDUAL IS
3 SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER JURISDICTION
4 OR SUBJECT TO ACTIVE NOTIFICATION BY REASON OF COURT
5 MARTIAL, THE INDIVIDUAL SHALL, NOTWITHSTANDING SECTION
6 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO THIS
7 SECTION AND SECTIONS 9796, 9798 AND 9798.1(C)(1). IF THE
8 INDIVIDUAL WAS CONVICTED OF OR SENTENCED IN THE OTHER
9 JURISDICTION OR SENTENCED BY COURT MARTIAL FOR AN OFFENSE
10 LISTED IN SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE
11 INDIVIDUAL SHALL BE SUBJECT TO THIS SUBCHAPTER FOR THE
12 INDIVIDUAL'S LIFETIME. IF THE INDIVIDUAL WAS CONVICTED OF
13 OR SENTENCED IN THE OTHER JURISDICTION OR SENTENCED BY
14 COURT MARTIAL FOR AN OFFENSE LISTED IN SECTION 9795.1(A)
15 OR AN EQUIVALENT OFFENSE, THE INDIVIDUAL SHALL BE SUBJECT
16 TO THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A
17 PERIOD OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL
18 WAS REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR
19 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL,
20 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE
21 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
22 REGISTRATION REQUIREMENTS. OTHERWISE, THE INDIVIDUAL
23 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME
24 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED
25 TO REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO
26 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE
27 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
28 REGISTRATION REQUIREMENTS.
29 (V) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II),
30 (III) AND (IV), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE
20050S0944B2076 - 32 -
1 NOTIFICATION IN THE OTHER JURISDICTION OR SUBJECT TO
2 PASSIVE NOTIFICATION BY REASON OF COURT MARTIAL, THE
3 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE
4 CONSIDERED AN OFFENDER AND SUBJECT TO THIS SECTION AND
5 SECTIONS 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE
6 SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO
7 THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED TO
8 REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO
9 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE
10 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
11 REGISTRATION REQUIREMENTS.
12 (5) NOTWITHSTANDING THE PROVISIONS OF CHAPTER 63
13 (RELATING TO JUVENILE MATTERS) AND EXCEPT AS PROVIDED IN
14 PARAGRAPH (4), AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A
15 STUDENT IN THIS COMMONWEALTH AND WHO IS REQUIRED TO REGISTER
16 AS A SEX OFFENDER UNDER THE LAWS OF THE UNITED STATES OR ONE
17 OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE
18 DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A
19 FOREIGN NATION AS A RESULT OF A JUVENILE ADJUDICATION SHALL
20 REGISTER AT AN APPROVED REGISTRATION SITE WITHIN [TEN DAYS]
21 48 HOURS OF THE INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH.
22 THE PROVISIONS OF THIS SUBCHAPTER SHALL APPLY TO THE
23 INDIVIDUAL AS FOLLOWS:
24 (I) IF THE INDIVIDUAL HAS BEEN CLASSIFIED AS A
25 SEXUALLY VIOLENT PREDATOR AS DEFINED IN SECTION 9792 OR
26 DETERMINED UNDER THE LAWS OF THE OTHER JURISDICTION TO BE
27 SUBJECT TO ACTIVE NOTIFICATION AND LIFETIME REGISTRATION
28 ON THE BASIS OF A STATUTORILY AUTHORIZED ADMINISTRATIVE
29 OR JUDICIAL DECISION OR ON THE BASIS OF A STATUTE OR
30 ADMINISTRATIVE RULE REQUIRING ACTIVE NOTIFICATION AND
20050S0944B2076 - 33 -
1 LIFETIME REGISTRATION BASED SOLELY ON THE OFFENSE FOR
2 WHICH THE INDIVIDUAL WAS ADJUDICATED, THE INDIVIDUAL
3 SHALL, NOTWITHSTANDING SECTION 9792, BE CONSIDERED A
4 SEXUALLY VIOLENT PREDATOR AND SUBJECT TO LIFETIME
5 REGISTRATION PURSUANT TO SECTION 9795.1(B). THE
6 INDIVIDUAL SHALL ALSO BE SUBJECT TO THE PROVISIONS OF
7 THIS SECTION AND SECTIONS 9796 AND 9798.1(C)(1), EXCEPT
8 THAT THE INDIVIDUAL SHALL NOT BE REQUIRED TO RECEIVE
9 COUNSELING UNLESS REQUIRED TO DO SO BY THE OTHER
10 JURISDICTION.
11 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I), IF THE
12 INDIVIDUAL IS SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER
13 JURISDICTION, THE INDIVIDUAL SHALL, NOTWITHSTANDING
14 SECTION 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO
15 REGISTRATION PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL
16 SHALL ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION
17 AND SECTIONS 9796, 9798 AND 9798.1(C)(1). THE INDIVIDUAL
18 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME
19 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED
20 TO REGISTER IN THE OTHER JURISDICTION, LESS ANY CREDIT
21 DUE TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE
22 WITH REGISTRATION REQUIREMENTS.
23 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND
24 (II), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE
25 NOTIFICATION IN THE OTHER JURISDICTION, THE INDIVIDUAL
26 SHALL, NOTWITHSTANDING SECTION 9792, BE CONSIDERED AN
27 OFFENDER AND BE SUBJECT TO THIS SECTION AND SECTIONS 9796
28 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO THIS
29 SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO THE TIME FOR
30 WHICH THE INDIVIDUAL WAS REQUIRED TO REGISTER IN THE
20050S0944B2076 - 34 -
1 OTHER JURISDICTION, LESS ANY CREDIT DUE TO THE INDIVIDUAL
2 AS A RESULT OF PRIOR REGISTRATION COMPLIANCE.
3 * * *
4 (c.1) GPS tracking device.-- <--
5 (1) Upon classification as a sexually violent predator
6 and before release from incarceration, the sexually violent
7 predator shall be fitted with a GPS tracking device which he
8 shall be required to wear for the rest of his natural life.
9 (2) The Pennsylvania State Police shall combine data
10 collected by use of GPS tracking devices and retain the data
11 in a single database which can be searched by date, time and
12 location. Information in the database is confidential and
13 shall be accessed only by authorized law enforcement
14 personnel in connection with official investigation of cases
15 in which the status of an individual fitted with a GPS
16 tracking device may be relevant to the investigation.
17 (d) Penalty.-- [An individual]
18 (1) A person subject to registration under section
19 9795.1(a) or (b) who fails to register with the Pennsylvania
20 State Police as required by this section may be subject to
21 prosecution under 18 Pa.C.S. § 4915 (relating to failure to
22 comply with registration of sexual offenders requirements).
23 (2) A person who fails to immediately notify the nearest
24 police department that a sexually violent predator's GPS
25 tracking device has been removed commits a felony of the
26 third degree.
27 (3) A person that, without court order, removes, alters,
28 tampers with, interferes with the operation of, damages or
29 destroys a GPS tracking device commits a felony of the third
30 degree.
20050S0944B2076 - 35 -
1 (4) A person that violates subsection (c.1)(2) commits a
2 misdemeanor of the third degree.
3 * * *
4 (f) Travel restricted.--No person subject to section 9795.1
5 who is on parole, commencing a sentence of intermediate
6 punishment or subject to probationary supervision shall be
7 permitted to travel out of the person's county of residence
8 without specific permission of the court of common pleas of the
9 county where the offender resides.
10 (g) Alert system.--The Pennsylvania State Police shall
11 establish and maintain an alert system which provides prompt
12 notification to the general public and law enforcement
13 authorities and assists in identifying and locating persons
14 subject to GPS tracking who fail to register as required by this
15 chapter or who violate subsection (d)(3) or (h). In the case of
16 a violation of subsection (h), the notification shall be
17 immediate. The Pennsylvania State Police shall work with local
18 law enforcement officials to establish such protocols and
19 procedures as are necessary for the effective operation of the
20 alert system and shall educate and inform local law enforcement
21 agencies, school officials, day care providers, other child
22 services providers and the general public with regard to its
23 availability. Owners, licensees, operators and employees of any
24 communication medium, including, but not limited to, telephone,
25 radio, television, newspaper, digital communications network or
26 global communications network shall be immune from civil
27 liability for good faith conduct while participating in
28 accordance with this subsection.
29 (h) Child protective zone.--A person classified as a
30 sexually violent predator under section 9795.4 (relating to
20050S0944B2076 - 36 -
1 assessments) who intentionally or knowingly enters into an area
2 within 2,000 feet of a school, playground, park or day care
3 center commits a felony of the third degree.
4 (i) Computer and Internet restrictions.--Any sex offender
5 required to register under section 9795.1 (relating to
6 registration), or any sexually violent predator, shall be
7 subject to terms and conditions for the use of a computer or the
8 Internet, during the entire time for which he is required to
9 register with the Pennsylvania State Police. County probation
10 officers and State parole agents shall work with the
11 Pennsylvania State Police to establish restrictions appropriate
12 to the registrant which shall, at a minimum, prohibit access to
13 materials related to the crime for which he was convicted, or
14 related to the identity of his victim or victims. Technology
15 implementing remote Internet control and monitoring shall be
16 used to enforce these restrictions. No person required to
17 register under this act may use a computer for any purpose until
18 appropriate restrictions and monitoring protocols to enforce
19 them have been developed and deployed upon the computer the
20 person proposes to use.
21 Section 8. Sections 9795.4(b)(4), 9796 and 9798.1 of Title
22 42, amended or added November 24, 2004 (P.L.1243, No.152), are
23 amended to read:
24 § 9795.4. Assessments.
25 * * *
26 (b) Assessment.--Upon receipt from the court of an order for
27 an assessment, a member of the board as designated by the
28 administrative officer of the board shall conduct an assessment
29 of the individual to determine if the individual should be
30 classified as a sexually violent predator. The board shall
20050S0944B2076 - 37 -
1 establish standards for evaluations and for evaluators
2 conducting the assessments. An assessment shall include, but not
3 be limited to, an examination of the following:
4 * * *
5 (4) Factors that are supported in a sexual offender
6 assessment field as criteria reasonably related to the risk
7 of reoffense. Conviction of an individual over 18 years of
8 age for a violation of any of the following shall be
9 considered a factor reasonably related to the risk of
10 reoffense:
11 18 Pa.C.S. § 3121(c) (relating to rape of a child).
12 18 Pa.C.S. § 3121(d) (relating to rape of a child with
13 serious bodily injury).
14 18 Pa.C.S. § 3123(b) (relating to involuntary deviate
15 sexual intercourse with a child).
16 18 Pa.C.S. § 3123(c) (relating to involuntary deviate
17 sexual intercourse with a child with serious bodily injury).
18 * * *
19 § 9796. Verification of residence.
20 (a) [Quarterly verification] Verification by sexually
21 violent predators.--The Pennsylvania State Police shall verify
22 the residence and compliance with counseling as provided for in
23 section 9799.4 (relating to counseling of sexually violent
24 predators) of sexually violent predators every [90] 30 days
25 through the use of a nonforwardable verification form to the
26 last reported residence. For the period of registration required
27 by section 9795.1 (relating to registration), a sexually violent
28 predator shall appear quarterly between January 5 and January
29 15, April 5 and April 15, July 5 and July 15 and October 5 and
30 October 15 of each calendar year at an approved registration
20050S0944B2076 - 38 -
1 site to complete a verification form and to be photographed.
2 (a.1) Facilitation of [quarterly] monthly verification.--The
3 Pennsylvania State Police shall facilitate and administer the
4 verification process required by subsection (a) by:
5 (1) sending a notice by first class United States mail
6 to all registered sexually violent predators at their last
7 reported residence addresses. This notice shall be sent not
8 more than 30 days nor less than 15 days prior to each of the
9 [quarterly] monthly verification periods set forth in
10 subsection (a) and shall remind sexually violent predators of
11 their [quarterly] monthly verification requirement and
12 provide them with a list of approved registration sites; and
13 (2) providing verification and compliance forms as
14 necessary to each approved registration site not less than
15 ten days before each of the [quarterly] monthly verification
16 periods.
17 (a.2) Quarterly verification.--Sexually violent predators
18 shall appear quarterly between January 5 and January 15, April 5
19 and April 15, July 5 and July 15 and October 5 and October 15 of
20 each calendar year at an approved registration site to complete
21 a verification form and to be photographed.
22 (b) Annual verification by offenders.--The Pennsylvania
23 State Police shall verify the residence of offenders. For the
24 period of registration required by section 9795.1, an offender
25 shall appear within ten days before each annual anniversary date
26 of the offender's initial registration under section 9795.1 at
27 an approved registration site to complete a verification form
28 and to be photographed.
29 (b.1) Facilitation of annual verification.--The Pennsylvania
30 State Police shall facilitate and administer the verification
20050S0944B2076 - 39 -
1 process required by subsection (b) by:
2 (1) sending a notice by first class United States mail
3 to all registered offenders at their last reported residence
4 addresses. This notice shall be sent not more than 30 days
5 nor less than 15 days prior to each offender's annual
6 anniversary date and shall remind the offender of the annual
7 verification requirement and provide the offender with a list
8 of approved registration sites; and
9 (2) providing verification and compliance forms as
10 necessary to each approved registration site.
11 (b.2) Quarterly verification by offenders.--The Pennsylvania
12 State Police shall verify the residence of offenders every 90
13 days through the use of a nonforwardable verification form to
14 the last reported residence.
15 (c) Notification of law enforcement agencies of change of
16 residence.--A change of residence of an offender or sexually
17 violent predator required to register under this subchapter
18 reported to the Pennsylvania State Police shall be immediately
19 reported by the Pennsylvania State Police to the appropriate law
20 enforcement agency having jurisdiction of the offender's or the
21 sexually violent predator's new place of residence. The
22 Pennsylvania State Police shall, if the offender or sexually
23 violent predator changes residence to another state, notify the
24 law enforcement agency with which the offender or sexually
25 violent predator must register in the new state.
26 (d) Failure to provide verification.--Where an offender or
27 sexually violent predator fails to provide verification of
28 residence within the ten-day period as set forth in this
29 section, the Pennsylvania State Police shall immediately notify
30 the municipal police department of the offender's or the
20050S0944B2076 - 40 -
1 sexually violent predator's last verified residence. The local
2 municipal police shall locate the offender or sexually violent
3 predator and arrest him for violating this section. The
4 Pennsylvania State Police shall assume responsibility for
5 locating the offender or sexually violent predator and arresting
6 him in jurisdictions where no municipal police jurisdiction
7 exists. The Pennsylvania State Police shall assist any municipal
8 police department requesting assistance with locating and
9 arresting an offender or sexually violent predator who fails to
10 verify his residence.
11 (e) Penalty.--An individual subject to registration under
12 section 9795.1(a) or (b) who fails to verify his residence or to
13 be photographed as required by this section may be subject to
14 prosecution under 18 Pa.C.S. § 4915 (relating to failure to
15 comply with registration of sexual offenders requirements).
16 (f) Effect of notice.--Neither failure on the part of the
17 Pennsylvania State Police to send nor failure of a sexually
18 violent predator or offender to receive any notice or
19 information under subsection (a.1) or (b.1) shall relieve that
20 predator or offender from the requirements of this subchapter.
21 § 9798.1. Information made available on the Internet.
22 (a) Legislative findings.--It is hereby declared to be the
23 finding of the General Assembly that public safety will be
24 enhanced by making information about sexually violent predators,
25 lifetime registrants and other sex offenders available to the
26 public through the Internet. Knowledge of whether a person is a
27 sexually violent predator, lifetime registrant or other sex
28 offender could be a significant factor in protecting oneself and
29 one's family members, or those in care of a group or community
30 organization, from recidivist acts by sexually violent
20050S0944B2076 - 41 -
1 predators, lifetime registrants and other sex offenders. The
2 technology afforded by the Internet would make this information
3 readily accessible to parents and private entities, enabling
4 them to undertake appropriate remedial precautions to prevent or
5 avoid placing potential victims at risk. Public access to
6 information about sexually violent predators, lifetime
7 registrants and other sex offenders is intended solely as a
8 means of public protection and shall not be construed as
9 punitive.
10 (b) Internet posting of sexually violent predators, lifetime
11 registrants and other offenders.--The Commissioner of the
12 Pennsylvania State Police shall, in the manner and form directed
13 by the Governor:
14 (1) Develop and maintain a system for making the
15 information described in subsection (c) publicly available by
16 electronic means so that the public may, without limitation,
17 obtain access to the information via an Internet website to
18 view an individual record or the records of all sexually
19 violent predators, lifetime registrants and other offenders
20 who are registered with the Pennsylvania State Police. The
21 Internet website shall also prominently display a toll-free
22 number any interested person may call to receive the latest
23 updated information for a particular zip code, sex offender
24 or sexually violent predator.
25 (2) Ensure that the Internet website contains warnings
26 that any person who uses the information contained therein to
27 threaten, intimidate or harass another or who otherwise
28 misuses that information may be criminally prosecuted.
29 (3) Ensure that the Internet website contains an
30 explanation of its limitations, including statements advising
20050S0944B2076 - 42 -
1 that a positive identification of a sexually violent
2 predator, lifetime registrant or other offender whose record
3 has been made available may be confirmed only by
4 fingerprints; that some information contained on the Internet
5 website may be outdated or inaccurate; and that the Internet
6 website is not a comprehensive listing of every person who
7 has ever committed a sex offense in Pennsylvania.
8 (4) Strive to ensure the information contained on the
9 Internet website is accurate and that the data therein is
10 revised and updated as appropriate in a timely and efficient
11 manner. In the case of sex offenders or sexually violent
12 predators scheduled to be released from incarceration, the
13 update as to his release and postrelease residence shall be
14 posted no later than ten days prior to this release.
15 (5) Provide on the Internet website general information
16 designed to inform and educate the public about sex offenders
17 and sexually violent predators and the operation of this
18 subchapter as well as pertinent and appropriate information
19 concerning crime prevention and personal safety, with
20 appropriate links to other relevant Internet websites
21 operated by the Commonwealth of Pennsylvania.
22 (6) Provide current or prospective Commonwealth
23 residents the ability to search the database of an Internet
24 website by inputting a home address. This type of Internet
25 search shall enable current or prospective residents to input
26 an address and discover if persons required to register under
27 section 9795.1 (relating to registration) live within five
28 miles of their residence. This function shall allow current
29 or prospective Commonwealth residents the ability to view the
30 location of the residence of those required to register under
20050S0944B2076 - 43 -
1 section 9795.1 in relation to their own by electronic map.
2 (c) Information [permitted] to be disclosed regarding
3 individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
4 criminal history information), the Internet website shall have
5 separate sections entitled "Sexually Violent Predators" and
6 "Other Sex Offenders" and shall contain the following
7 information on each individual under the individual's respective
8 classification:
9 (1) For sexually violent predators only the following
10 information shall be posted on the Internet website:
11 (i) name and any aliases;
12 (ii) year of birth;
13 (iii) the street address, city, county and zip code
14 of all residences;
15 (iv) the street address, city, county and zip code
16 of any institution or location at which the person is
17 enrolled as a student;
18 (v) the city, county and zip code of any employment
19 location;
20 (vi) a current photograph of the offender, which
21 shall be updated not less than annually, and online
22 access by law enforcement personnel to the offender's
23 fingerprints;
24 (vii) a listing of all criminal charges filed
25 against the predator, a listing of the crimes for which
26 he was convicted, a description of the offense or
27 offenses which triggered the application of this
28 subchapter, the number of the offender's victims and
29 their genders and ages; [and]
30 (viii) the date or dates of the offense or offenses
20050S0944B2076 - 44 -
1 and the date or dates of conviction[, if available.] or
2 convictions; and
3 (ix) the date of the predator's release from prison.
4 (2) For all other lifetime registrants and offenders
5 subject to registration only the following information shall
6 be posted on the Internet website:
7 (i) name and any aliases;
8 (ii) year of birth;
9 (iii) the city, county and zip code of all
10 residences;
11 (iv) the city, county and zip code of any
12 institution or location at which the person is enrolled
13 as a student;
14 (v) the city, county and zip code of any employment
15 location;
16 (vi) a current photograph of the offender, which
17 shall be updated not less than annually, and online
18 access by law enforcement personnel to the offender's
19 fingerprints;
20 (vii) a description of the offense or offenses which
21 triggered the application of this subchapter, the number
22 of the offender's victims and their genders and ages; and
23 (viii) the date of the offense [and conviction, if
24 available], conviction and release from prison.
25 (d) Duration of Internet posting.--
26 (1) The information listed in subsection (c) about a
27 sexually violent predator shall be made available on the
28 Internet for the lifetime of the sexually violent predator.
29 (2) The information listed in subsection (c) about an
30 offender who is subject to lifetime registration shall be
20050S0944B2076 - 45 -
1 made available on the Internet for the lifetime of the
2 offender unless the offender is granted relief under section
3 9795.5 (relating to exemption from certain notifications).
4 (3) The information listed in subsection (c) about any
5 other offender subject to registration shall be made
6 available on the Internet for the entire period during which
7 the offender is required to register, including any extension
8 of this period pursuant to 9795.2(a)(3) (relating to
9 registration procedures and applicability). The Pennsylvania
10 State Police shall also from time to time share this public
11 information with Federal, State and local law enforcement
12 officials, to the extent deemed appropriate for investigative
13 and supervisory purposes.
14 (e) Use of information to commit offense.--Use of
15 information published on the Internet in accordance with this
16 section with intent to facilitate commission of a criminal
17 offense shall constitute an offense of the same grade and degree
18 as the underlying criminal offense.
19 Section 9. The Legislative Budget and Finance Committee is
20 hereby directed to do a comprehensive study and review of the
21 monitoring and regulation of sex offenders and sexually violent
22 predators in this Commonwealth under this act, and to make a
23 full report of its findings, annually, to the chairman of the
24 Judiciary Committee of the Senate and chairman of the Judiciary
25 Committee of the House of Representatives.
26 Section 10. The sum of , or as much thereof as may be
27 necessary, is hereby appropriated to the Pennsylvania State
28 Police for implementation of this act.
29 SECTION 8. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
30 § 9798.3. GLOBAL POSITIONING SYSTEM TECHNOLOGY.
20050S0944B2076 - 46 -
1 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE AND COUNTY
2 PROBATION AUTHORITIES MAY IMPOSE SUPERVISION CONDITIONS THAT
3 INCLUDE OFFENDER TRACKING THROUGH GLOBAL POSITIONING SYSTEM
4 TECHNOLOGY.
5 SECTION 9. SECTION 9799.2 OF TITLE 42 IS AMENDED BY ADDING A
6 PARAGRAPH TO READ:
7 § 9799.2. DUTIES OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
8 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE SHALL:
9 * * *
10 (4) APPLY FOR FEDERAL FUNDING AS PROVIDED IN THE ADAM
11 WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 (PUBLIC LAW
12 109-248, 120 STAT. 587) TO SUPPORT AND ENHANCE PROGRAMMING
13 USING SATELLITE GLOBAL POSITIONING SYSTEM TECHNOLOGY.
14 SECTION 10. THE ADDITION OF 42 PA.C.S. § 9718.3 SHALL APPLY
15 TO OFFENSES COMMITTED ON OR AFTER THE EFFECTIVE DATE OF THIS
16 SECTION.
17 Section 11. This act shall take effect January 1, 2007.
J17L42RLE/20050S0944B2076 - 47 -