PRINTER'S NO. 1443
No. 1054 Session of 2006
INTRODUCED BY PIPPY, BRIGHTBILL, CONTI, PUNT, MUSTO, RAFFERTY, ERICKSON, WENGER, REGOLA, PICCOLA, FONTANA, PILEGGI, BOSCOLA, SCARNATI, BROWNE, WAUGH, VANCE, WONDERLING, WOZNIAK, STACK, RHOADES, KITCHEN AND MELLOW, JANUARY 3, 2006
REFERRED TO JUDICIARY, JANUARY 3, 2006
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for sex 3 offender information made available on the Internet. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 9798.1(b) and (c) of Title 42 of the 7 Pennsylvania Consolidated Statutes, added November 24, 2004 8 (P.L.1243, No.152), are amended to read: 9 § 9798.1. Information made available on the Internet. 10 * * * 11 (b) Internet posting of sexually violent predators, lifetime 12 registrants and other offenders.--The Commissioner of the 13 Pennsylvania State Police shall, in the manner and form directed 14 by the Governor: 15 (1) Develop and maintain a system for making the 16 information described in subsection (c) publicly available by 17 electronic means so that the public may, without limitation,
1 obtain access to the information via an Internet website to 2 view an individual record or the records of all sexually 3 violent predators, lifetime registrants and other offenders 4 who are registered with the Pennsylvania State Police. 5 (2) Ensure that the Internet website contains warnings 6 that any person who uses the information contained therein to 7 threaten, intimidate or harass another or who otherwise 8 misuses that information may be criminally prosecuted. 9 (3) Ensure that the Internet website contains an 10 explanation of its limitations, including statements advising 11 that a positive identification of a sexually violent 12 predator, lifetime registrant or other offender whose record 13 has been made available may be confirmed only by 14 fingerprints; that some information contained on the Internet 15 website may be outdated or inaccurate; and that the Internet 16 website is not a comprehensive listing of every person who 17 has ever committed a sex offense in Pennsylvania. 18 (4) Strive to ensure the information contained on the 19 Internet website is accurate and that the data therein is 20 revised and updated as appropriate in a timely and efficient 21 manner. 22 (5) Provide on the Internet website general information 23 designed to inform and educate the public about sex offenders 24 and sexually violent predators and the operation of this 25 subchapter as well as pertinent and appropriate information 26 concerning crime prevention and personal safety, with 27 appropriate links to other relevant Internet websites 28 operated by the Commonwealth of Pennsylvania. 29 (6) Identify when the victim is a minor and the specific 30 age of the victim is known, the age of the victim, which 20060S1054B1443 - 2 -
1 shall be included with a special designation. 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 5 contain the following information on each individual subject to 6 registration under this subchapter: 7 [(1) For sexually violent predators only the following 8 information shall be posted on the Internet website: 9 (i)] (1) name and any aliases; 10 [(ii)] (2) year of birth; 11 [(iii)] (3) the street address, city, county and zip 12 code of all residences; 13 [(iv)] (4) the street address, city, county and zip 14 code of any institution or location at which the person 15 is enrolled as a student; 16 [(v)] (5) the city, county and zip code of any 17 employment location; 18 [(vi)] (6) a photograph of the offender, which shall 19 be updated not less than annually; 20 [(vii)] (7) a description of the offense or offenses 21 which triggered the application of this subchapter; and 22 [(viii)] (8) the date of the offense and conviction, 23 if available. 24 [(2) For all other lifetime registrants and offenders 25 subject to registration only the following information shall 26 be posted on the Internet website: 27 (i) name and any aliases; 28 (ii) year of birth; 29 (iii) the city, county and zip code of all 30 residences; 20060S1054B1443 - 3 -
1 (iv) the city, county and zip code of any 2 institution or location at which the person is enrolled 3 as a student; 4 (v) the city, county and zip code of any employment 5 location; 6 (vi) a photograph of the offender, which shall be 7 updated not less than annually; 8 (vii) a description of the offense or offenses which 9 triggered the application of this subchapter; and 10 (viii) the date of the offense and conviction, if 11 available.] 12 * * * 13 Section 2. This act shall take effect in 60 days. L19L42BIL/20060S1054B1443 - 4 -