PRIOR PRINTER'S NOS. 1443, 1837 PRINTER'S NO. 1882
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
AS AMENDED ON THIRD CONSIDERATION, JUNE 19, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 assessments and for sex offender information made available
4 on the Internet.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9795.4 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subsection to read:
9 § 9795.4. Assessments.
10 * * *
11 (d.1) Description of offense.--For purposes of section
12 9798.1(c) (relating to information made available on the
13 Internet), the board shall prepare a description of the offense
14 or offenses which trigger the application of this subchapter to
15 include, but not be limited to:
16 (1) A concise narrative of the offender's conduct.
17 (2) Whether the victim was a minor.
18 (3) The manner of weapon or physical force used or
1 threatened.
2 (4) If the offense involved unauthorized entry into a
3 room or vehicle occupied by the victim.
4 (5) If the offense was part of a course or pattern of
5 conduct involving multiple incidents or victims.
6 (6) Previous instances in which the offender was
7 determined guilty of an offense subject to this subchapter or
8 of a crime of violence as defined in section 9714(g)
9 (relating to sentences for second and subsequent offenses).
10 * * *
11 Section 2. Section 9798.1(b) and (c) of Title 42, added
12 November 24, 2004 (P.L.1243, No.152), are amended to read:
13 § 9798.1. Information made available on the Internet.
14 * * *
15 (b) Internet posting of sexually violent predators, lifetime
16 registrants and other offenders.--The Commissioner of the
17 Pennsylvania State Police shall, in the manner and form directed
18 by the Governor:
19 (1) Develop and maintain a system for making the
20 information described in subsection (c) publicly available by
21 electronic means so that the public may, without limitation,
22 obtain access to the information via an Internet website to
23 view an individual record or the records of all sexually
24 violent predators, lifetime registrants and other offenders
25 who are registered with the Pennsylvania State Police.
26 (2) Ensure that the Internet website contains warnings
27 that any person who uses the information contained therein to
28 threaten, intimidate or harass another or who otherwise
29 misuses that information may be criminally prosecuted.
30 (3) Ensure that the Internet website contains an
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1 explanation of its limitations, including statements advising
2 that a positive identification of a sexually violent
3 predator, lifetime registrant or other offender whose record
4 has been made available may be confirmed only by
5 fingerprints; that some information contained on the Internet
6 website may be outdated or inaccurate; and that the Internet
7 website is not a comprehensive listing of every person who
8 has ever committed a sex offense in Pennsylvania.
9 (4) Strive to ensure the information contained on the
10 Internet website is accurate and that the data therein is
11 revised and updated as appropriate in a timely and efficient
12 manner.
13 (5) Provide on the Internet website general information
14 designed to inform and educate the public about sex offenders
15 and sexually violent predators and the operation of this
16 subchapter as well as pertinent and appropriate information
17 concerning crime prevention and personal safety, with
18 appropriate links to other relevant Internet websites
19 operated by the Commonwealth of Pennsylvania.
20 (6) Identify when the victim is a minor and the specific <--
21 age of the victim is known, the age of the victim, which
22 shall be included with a special designation.
23 (c) Information permitted to be disclosed regarding
24 individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
25 criminal history record information), the Internet website shall
26 contain the following information on each individual:
27 (1) For sexually violent predators only the following
28 information shall be posted on the Internet website:
29 (i) name and [any] all known aliases;
30 (ii) year of birth;
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1 (iii) the street address, [city] municipality,
2 county and zip code of all residences, including, where
3 applicable, the name of the prison or other place of
4 confinement;
5 (iv) the street address, [city] municipality, county
6 [and], zip code and name of any institution or location
7 at which the person is enrolled as a student;
8 (v) the [city] municipality, county and zip code of
9 any employment location;
10 (vi) a photograph of the offender, which shall be
11 updated not less than annually;
12 (vii) a description of the offense or offenses which
13 triggered the application of this subchapter provided for
14 by section 9795.4(d.1) (relating to assessments); and
15 (viii) the date of the offense [and], conviction[,]
16 and, where applicable, the release or earliest possible
17 release from confinement, if available.
18 (2) For all other lifetime registrants and offenders
19 subject to registration only the following information shall
20 be posted on the Internet website:
21 (i) name and [any] all known aliases;
22 (ii) year of birth;
23 (iii) the [city] street address, municipality,
24 county and zip code of all residences, including, where
25 applicable, the name of the prison or other place of
26 confinement;
27 (iv) the [city] municipality, county [and], zip code
28 and name of any institution or location at which the
29 person is enrolled as a student;
30 (v) the [city] street address, municipality, county
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1 and zip code of any employment location;
2 (vi) a photograph of the offender, which shall be
3 updated not less than annually;
4 (vii) a description of the offense or offenses which
5 triggered the application of this subchapter provided for
6 by section 9795.4(d.1); and
7 (viii) the date of the offense [and], conviction[,]
8 and, where applicable, the release or earliest possible
9 release from confinement, if available.
10 (d) Duration of Internet posting.--
11 (1) The information listed in subsection (c) about a
12 sexually violent predator shall be made available on the
13 Internet for the lifetime of the sexually violent predator.
14 (2) The information listed in subsection (c) about an
15 offender who is subject to lifetime registration shall be
16 made available on the Internet for the lifetime of the
17 offender unless the offender is granted relief under section
18 9795.5 (relating to exemption from certain notifications).
19 (3) The information listed in subsection (c) about any
20 other offender subject to registration shall be made
21 available on the Internet for the entire period during which
22 the offender is required to register, including any extension
23 of this period pursuant to 9795.2(a)(3) (relating to
24 registration procedures and applicability).
25 Section 3. This act shall take effect in 60 days.
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