HOUSE AMENDED
PRIOR PRINTER'S NOS. 1443, 1837, 1882 PRINTER'S NO. 2075
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2006
AN ACT
1 Amending Title TITLES 18 (CRIMES AND OFFENSES), 23 (DOMESTIC <--
2 RELATIONS) AND 42 (Judiciary and Judicial Procedure) of the
3 Pennsylvania Consolidated Statutes, further providing for <--
4 PROTECTING CHILDREN FROM ABUSE; FURTHER PROVIDING FOR <--
5 ENDANGERING THE WELFARE OF CHILDREN; FURTHER PROVIDING, IN
6 CHILD PROTECTIVE SERVICES, FOR DEFINITIONS, FOR REPORTING,
7 FOR IMMUNITY, FOR PENALTIES AND FOR INFORMATION ON
8 PROSPECTIVE CHILD-CARE PERSONNEL; PROVIDING, IN CHILD
9 PROTECTIVE SERVICES, FOR INFORMATION ON FAMILY DAY-CARE HOME
10 RESIDENTS AND FOR INFORMATION ON PERSONS HAVING CHILD
11 CONTACT; FURTHER PROVIDING, IN CHILD PROTECTIVE SERVICES, FOR
12 INVESTIGATION OF REPORTS; AND FURTHER PROVIDING FOR
13 LIMITATION OF ACTIONS, FOR SENTENCING, FOR assessments and
14 for sex offender information made available on the Internet.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 9795.4 of Title 42 of the Pennsylvania <--
18 Consolidated Statutes is amended by adding a subsection to read:
19 SECTION 1. SECTION 4304(A) OF TITLE 18 OF THE PENNSYLVANIA <--
20 CONSOLIDATED STATUTES IS AMENDED TO READ:
21 § 4304. ENDANGERING WELFARE OF CHILDREN.
22 (A) OFFENSE DEFINED.--
1 (1) A PARENT, GUARDIAN, OR OTHER PERSON SUPERVISING THE
2 WELFARE OF A CHILD UNDER 18 YEARS OF AGE, OR A PERSON THAT
3 EMPLOYS OR SUPERVISES SUCH A PERSON COMMITS AN OFFENSE IF [HE
4 KNOWINGLY] THE PERSON ENDANGERS THE WELFARE OF THE CHILD BY
5 VIOLATING A DUTY OF CARE, PROTECTION OR SUPPORT.
6 (2) A PERSON COMMITS AN OFFENSE IF THE PERSON, IN AN
7 OFFICIAL CAPACITY, PREVENTS OR INTERFERES WITH THE MAKING OF
8 A REPORT OF SUSPECTED CHILD ABUSE UNDER 23 PA.C.S. CH. 63
9 (RELATING TO CHILD PROTECTIVE SERVICES).
10 (3) AS USED IN THIS SUBSECTION, THE TERM "PERSON
11 SUPERVISING THE WELFARE OF A CHILD" MEANS A PERSON OTHER THAN
12 A PARENT OR GUARDIAN THAT PROVIDES CARE, EDUCATION, TRAINING
13 OR CONTROL OF A CHILD.
14 * * *
15 SECTION 2. THE DEFINITION OF "SEXUAL ABUSE OR EXPLOITATION"
16 IN SECTION 6303(A) OF TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED
17 STATUTES IS AMENDED TO READ:
18 § 6303. DEFINITIONS.
19 (A) GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED
20 IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
21 SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
22 * * *
23 ["SEXUAL ABUSE OR EXPLOITATION." THE EMPLOYMENT, USE,
24 PERSUASION, INDUCEMENT, ENTICEMENT OR COERCION OF ANY CHILD TO
25 ENGAGE IN OR ASSIST ANY OTHER PERSON TO ENGAGE IN ANY SEXUALLY
26 EXPLICIT CONDUCT OR ANY SIMULATION OF ANY SEXUALLY EXPLICIT
27 CONDUCT FOR THE PURPOSE OF PRODUCING ANY VISUAL DEPICTION,
28 INCLUDING PHOTOGRAPHING, VIDEOTAPING, COMPUTER DEPICTING OR
29 FILMING, OF ANY SEXUALLY EXPLICIT CONDUCT OR THE RAPE, SEXUAL
30 ASSAULT, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, AGGRAVATED
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1 INDECENT ASSAULT, MOLESTATION, INCEST, INDECENT EXPOSURE,
2 PROSTITUTION, STATUTORY SEXUAL ASSAULT OR OTHER FORM OF SEXUAL
3 EXPLOITATION OF CHILDREN.]
4 "SEXUAL ABUSE OR EXPLOITATION." ANY OF THE FOLLOWING:
5 (1) THE EMPLOYMENT, USE, PERSUASION, INDUCEMENT,
6 ENTICEMENT OR COERCION OF A CHILD TO ENGAGE IN OR ASSIST
7 ANOTHER INDIVIDUAL TO ENGAGE IN SEXUALLY EXPLICIT CONDUCT.
8 (2) THE EMPLOYMENT, USE, PERSUASION, INDUCEMENT,
9 ENTICEMENT OR COERCION OF A CHILD TO ENGAGE IN OR ASSIST
10 ANOTHER INDIVIDUAL TO ENGAGE IN SIMULATION OF SEXUALLY
11 EXPLICIT CONDUCT FOR THE PURPOSE OF PRODUCING VISUAL
12 DEPICTION, INCLUDING PHOTOGRAPHING, VIDEOTAPING, COMPUTER
13 DEPICTING AND FILMING.
14 (3) ANY OF THE FOLLOWING OFFENSES COMMITTED AGAINST A
15 CHILD:
16 (I) RAPE.
17 (II) SEXUAL ASSAULT.
18 (III) INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
19 (IV) AGGRAVATED INDECENT ASSAULT.
20 (V) MOLESTATION.
21 (VI) INCEST.
22 (VII) INDECENT EXPOSURE.
23 (VIII) PROSTITUTION.
24 (IX) SEXUAL ABUSE.
25 (X) SEXUAL EXPLOITATION.
26 * * *
27 SECTION 3. SECTIONS 6311(A), 6318(A) AND 6319 OF TITLE 23
28 ARE AMENDED TO READ:
29 § 6311. PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE.
30 (A) GENERAL RULE.--[PERSONS] A PERSON WHO, IN THE COURSE OF
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1 [THEIR] EMPLOYMENT, OCCUPATION OR PRACTICE OF [THEIR] A
2 PROFESSION, [COME] COMES INTO CONTACT WITH CHILDREN SHALL REPORT
3 OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH SECTION 6313
4 (RELATING TO REPORTING PROCEDURE) WHEN [THEY HAVE] THE PERSON
5 HAS REASONABLE CAUSE TO SUSPECT, ON THE BASIS OF [THEIR]
6 MEDICAL, PROFESSIONAL OR OTHER TRAINING AND EXPERIENCE, THAT A
7 CHILD [COMING BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL
8 CAPACITY IS AN ABUSED CHILD.] UNDER THE CARE, SUPERVISION,
9 GUIDANCE OR TRAINING OF THAT PERSON OR OF AN AGENCY,
10 INSTITUTION, ORGANIZATION OR OTHER ENTITY WITH WHICH THAT PERSON
11 IS AFFILIATED IS A VICTIM OF CHILD ABUSE, INCLUDING CHILD ABUSE
12 BY AN INDIVIDUAL WHO IS NOT A PERPETRATOR, SHALL REPORT OR CAUSE
13 A REPORT TO BE MADE IN ACCORDANCE WITH SECTION 6313 (RELATING TO
14 REPORTING PROCEDURE). EXCEPT WITH RESPECT TO CONFIDENTIAL
15 COMMUNICATIONS MADE TO [AN ORDAINED] A MEMBER OF THE CLERGY
16 WHICH ARE PROTECTED UNDER 42 PA.C.S. § 5943 (RELATING TO
17 CONFIDENTIAL COMMUNICATIONS TO CLERGYMEN), AND EXCEPT WITH
18 RESPECT TO CONFIDENTIAL COMMUNICATIONS MADE TO AN ATTORNEY WHICH
19 ARE PROTECTED BY 42 PA.C.S. § 5916 (RELATING TO CONFIDENTIAL
20 COMMUNICATIONS TO ATTORNEY) OR 5928 (RELATING TO CONFIDENTIAL
21 COMMUNICATIONS TO ATTORNEY), THE PRIVILEGED COMMUNICATION
22 BETWEEN ANY PROFESSIONAL PERSON REQUIRED TO REPORT AND THE
23 PATIENT OR CLIENT OF THAT PERSON SHALL NOT APPLY TO SITUATIONS
24 INVOLVING CHILD ABUSE AND SHALL NOT CONSTITUTE GROUNDS FOR
25 FAILURE TO REPORT AS REQUIRED BY THIS CHAPTER.
26 * * *
27 § 6318. IMMUNITY FROM LIABILITY.
28 (A) GENERAL RULE.--A PERSON, HOSPITAL, INSTITUTION, SCHOOL,
29 FACILITY, AGENCY OR AGENCY EMPLOYEE THAT PARTICIPATES IN GOOD
30 FAITH IN THE MAKING OF A REPORT, WHETHER REQUIRED OR NOT,
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1 COOPERATING WITH AN INVESTIGATION, TESTIFYING IN A PROCEEDING
2 ARISING OUT OF AN INSTANCE OF SUSPECTED CHILD ABUSE, THE TAKING
3 OF PHOTOGRAPHS OR THE REMOVAL OR KEEPING OF A CHILD PURSUANT TO
4 SECTION 6315 (RELATING TO TAKING CHILD INTO PROTECTIVE CUSTODY),
5 AND ANY OFFICIAL OR EMPLOYEE OF A COUNTY AGENCY WHO REFERS A
6 REPORT OF SUSPECTED ABUSE TO LAW ENFORCEMENT AUTHORITIES OR
7 PROVIDES SERVICES UNDER THIS CHAPTER, SHALL HAVE IMMUNITY FROM
8 CIVIL AND CRIMINAL LIABILITY THAT MIGHT OTHERWISE RESULT BY
9 REASON OF THOSE ACTIONS.
10 * * *
11 § 6319. PENALTIES FOR FAILURE TO REPORT OR TO REFER.
12 A PERSON OR OFFICIAL REQUIRED BY THIS CHAPTER TO REPORT A
13 CASE OF SUSPECTED CHILD ABUSE OR TO MAKE A REFERRAL TO THE
14 APPROPRIATE AUTHORITIES WHO WILLFULLY FAILS TO DO SO COMMITS A
15 [SUMMARY OFFENSE] MISDEMEANOR OF THE THIRD DEGREE FOR THE FIRST
16 VIOLATION AND A MISDEMEANOR OF THE [THIRD] SECOND DEGREE FOR A
17 SECOND OR SUBSEQUENT VIOLATION.
18 SECTION 4. SECTION 6344(A) AND (C)(1) OF TITLE 23 ARE
19 AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
20 READ:
21 § 6344. INFORMATION RELATING TO PROSPECTIVE CHILD-CARE
22 PERSONNEL.
23 (A) APPLICABILITY.--THIS SECTION APPLIES TO ALL PROSPECTIVE
24 EMPLOYEES OF CHILD-CARE SERVICES, PROSPECTIVE FOSTER PARENTS,
25 PROSPECTIVE ADOPTIVE PARENTS, PROSPECTIVE SELF-EMPLOYED FAMILY
26 DAY-CARE PROVIDERS AND OTHER PERSONS SEEKING TO PROVIDE CHILD-
27 CARE SERVICES UNDER CONTRACT WITH A CHILD-CARE FACILITY OR
28 PROGRAM. THIS SECTION ALSO APPLIES TO INDIVIDUALS 14 YEARS OF
29 AGE OR OLDER WHO RESIDE IN THE HOME OF A PROSPECTIVE FOSTER
30 PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR OR WHO RESIDE IN
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1 THE HOME OF A PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST 30 DAYS
2 IN A CALENDAR YEAR. THIS SECTION DOES NOT APPLY TO
3 ADMINISTRATIVE OR OTHER SUPPORT PERSONNEL UNLESS THEIR DUTIES
4 WILL INVOLVE DIRECT CONTACT WITH CHILDREN.
5 * * *
6 (C) GROUNDS FOR DENYING EMPLOYMENT.--
7 (1) IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
8 WHERE THE DEPARTMENT HAS VERIFIED THAT THE APPLICANT IS NAMED
9 IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A FOUNDED
10 REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-YEAR PERIOD
11 IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS
12 SECTION[.] OR IS NAMED IN THE CENTRAL REGISTER AS THE
13 PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
14 COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
15 VERIFICATION PURSUANT TO THIS SECTION.
16 * * *
17 (O) USE OF INFORMATION.--A FOSTER FAMILY CARE AGENCY MAY NOT
18 APPROVE A PROSPECTIVE FOSTER PARENT IF THE PROSPECTIVE FOSTER
19 PARENT OR AN INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR
20 AT LEAST 30 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE FOSTER
21 PARENT MEETS EITHER OF THE FOLLOWING:
22 (1) IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR
23 OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-
24 YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO
25 THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE
26 PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
27 COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
28 VERIFICATION PURSUANT TO THIS SECTION.
29 (2) HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN
30 SUBSECTION (C)(2).
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1 (P) USE OF INFORMATION.--A PROSPECTIVE ADOPTIVE PARENT MAY
2 NOT BE APPROVED IF THE PROSPECTIVE ADOPTIVE PARENT OR AN
3 INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR AT LEAST 30
4 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE ADOPTIVE PARENT
5 MEETS EITHER OF THE FOLLOWING:
6 (1) IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR
7 OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-
8 YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO
9 THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE
10 PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
11 COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
12 VERIFICATION PURSUANT TO THIS SECTION.
13 (2) HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN
14 SUBSECTION (C)(2).
15 SECTION 5. TITLE 23 IS AMENDED BY ADDING SECTIONS TO READ:
16 § 6344.1. INFORMATION RELATING TO FAMILY DAY-CARE HOME
17 RESIDENTS.
18 (A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF
19 SECTION 6344 (RELATING TO INFORMATION RELATING TO PROSPECTIVE
20 CHILD-CARE PERSONNEL), AN INDIVIDUAL WHO APPLIES TO THE
21 DEPARTMENT FOR A REGISTRATION CERTIFICATE TO OPERATE A FAMILY
22 DAY-CARE HOME SHALL INCLUDE CRIMINAL HISTORY RECORD AND CHILD
23 ABUSE RECORD INFORMATION REQUIRED UNDER SECTION 6344(B) FOR
24 EVERY INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE
25 HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR.
26 (B) REQUIRED INFORMATION.--CHILD ABUSE RECORD INFORMATION
27 REQUIRED UNDER SUBSECTION (A) SHALL INCLUDE CERTIFICATION BY THE
28 DEPARTMENT AS TO WHETHER THE APPLICANT IS NAMED IN THE CENTRAL
29 REGISTER AS THE PERPETRATOR OF A FOUNDED REPORT, INDICATED
30 REPORT, FOUNDED REPORT FOR SCHOOL EMPLOYEE OR INDICATED REPORT
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1 FOR SCHOOL EMPLOYEE.
2 (C) EFFECT ON REGISTRATION.--THE DEPARTMENT SHALL REFUSE TO
3 ISSUE OR RENEW A REGISTRATION CERTIFICATE OR SHALL REVOKE A
4 REGISTRATION CERTIFICATE IF THE FAMILY DAY-CARE HOME PROVIDER OR
5 INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO HAS RESIDED IN THE HOME
6 FOR AT LEAST 30 DAYS IN A CALENDAR YEAR:
7 (1) IS NAMED IN THE CENTRAL REGISTER ON CHILD ABUSE
8 ESTABLISHED UNDER CHAPTER 63 (RELATING TO CHILD PROTECTIVE
9 SERVICES) AS THE PERPETRATOR OF A FOUNDED REPORT COMMITTED
10 WITHIN THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD; OR
11 (2) HAS BEEN CONVICTED OF AN OFFENSE ENUMERATED IN
12 SECTION 6344(C).
13 (D) REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE
14 REGULATIONS TO ADMINISTER THIS SECTION.
15 § 6344.2. INFORMATION RELATING TO OTHER PERSONS HAVING CONTACT
16 WITH CHILDREN.
17 (A) APPLICABILITY.--THIS SECTION APPLIES TO PROSPECTIVE
18 EMPLOYEES APPLYING TO ENGAGE IN OCCUPATIONS WITH A SIGNIFICANT
19 LIKELIHOOD OF REGULAR CONTACT WITH CHILDREN, IN THE FORM OF
20 CARE, GUIDANCE, SUPERVISION OR TRAINING. SUCH PERSONS INCLUDE
21 SOCIAL SERVICE WORKERS, HOSPITAL PERSONNEL, MENTAL HEALTH
22 PROFESSIONALS, MEMBERS OF THE CLERGY, COUNSELORS, LIBRARIANS AND
23 DOCTORS.
24 (B) INVESTIGATION.--EMPLOYERS, ADMINISTRATORS OR SUPERVISORS
25 SHALL REQUIRE AN APPLICANT TO SUBMIT TO ALL REQUIREMENTS SET
26 FORTH IN SECTION 6344(B) (RELATING TO INFORMATION RELATING TO
27 PROSPECTIVE CHILD-CARE PERSONNEL). AN EMPLOYER, ADMINISTRATOR,
28 SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS
29 REGARDING AN APPLICABLE PROSPECTIVE EMPLOYEE UNDER THIS SECTION
30 THAT INTENTIONALLY FAILS TO REQUIRE THE SUBMISSIONS BEFORE
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1 HIRING THAT INDIVIDUAL COMMITS A MISDEMEANOR OF THE THIRD
2 DEGREE.
3 (C) GROUNDS FOR DENIAL.--EACH APPLICANT SHALL BE SUBJECT TO
4 THE REQUIREMENTS OF SECTION 6344(C).
5 (D) DEPARTMENTAL TREATMENT OF INFORMATION.--INFORMATION
6 PROVIDED AND COMPILED UNDER THIS SECTION BY THE DEPARTMENT SHALL
7 BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE ACT OF JUNE 21,
8 1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
9 THIS INFORMATION SHALL NOT BE RELEASED EXCEPT AS PERMITTED BY
10 THE DEPARTMENT THROUGH REGULATION. THE DEPARTMENT MAY CHARGE A
11 FEE TO CONDUCT A CERTIFICATION AS REQUIRED BY SECTION 6344(B)(2)
12 IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6344(H). THE
13 DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT
14 THIS SUBSECTION.
15 SECTION 6. SECTION 6368(D) OF TITLE 23 IS AMENDED TO READ:
16 § 6368. INVESTIGATION OF REPORTS.
17 * * *
18 (D) REFERRAL FOR INVESTIGATION.--IF THE COMPLAINT OF
19 SUSPECTED ABUSE IS DETERMINED TO BE ONE WHICH CANNOT BE
20 INVESTIGATED UNDER THIS CHAPTER BECAUSE THE PERSON ACCUSED OF
21 THE ABUSE IS NOT A PERPETRATOR WITHIN THE MEANING OF SECTION
22 6303 (RELATING TO DEFINITIONS), BUT DOES SUGGEST THE NEED FOR
23 INVESTIGATION, THE COUNTY AGENCY SHALL IMMEDIATELY TRANSMIT THE
24 INFORMATION TO THE APPROPRIATE AUTHORITIES[.], INCLUDING THE
25 DISTRICT ATTORNEY, THE DISTRICT ATTORNEY'S DESIGNEE OR OTHER LAW
26 ENFORCEMENT OFFICIAL, IN ACCORDANCE WITH THE COUNTY PROTOCOLS
27 FOR INVESTIGATIVE TEAMS REQUIRED BY SECTION 6365(C) (RELATING TO
28 SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF CHILD
29 ABUSE).
30 SECTION 7. SECTION 5552(C)(3) OF TITLE 42 IS AMENDED TO
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1 READ:
2 § 5552. OTHER OFFENSES.
3 * * *
4 (C) EXCEPTIONS.--IF THE PERIOD PRESCRIBED IN SUBSECTION (A),
5 (B) OR (B.1) HAS EXPIRED, A PROSECUTION MAY NEVERTHELESS BE
6 COMMENCED FOR:
7 * * *
8 (3) ANY SEXUAL OFFENSE COMMITTED AGAINST A MINOR WHO IS
9 LESS THAN 18 YEARS OF AGE ANY TIME UP TO THE LATER OF THE
10 PERIOD OF LIMITATION PROVIDED BY LAW AFTER THE MINOR HAS
11 REACHED 18 YEARS OF AGE OR THE DATE THE MINOR REACHES 50
12 YEARS OF AGE. AS USED IN THIS PARAGRAPH, THE TERM "SEXUAL
13 OFFENSE" MEANS A CRIME UNDER THE FOLLOWING PROVISIONS OF
14 TITLE 18 (RELATING TO CRIMES AND OFFENSES):
15 SECTION 3121 (RELATING TO RAPE).
16 SECTION 3122.1 (RELATING TO STATUTORY SEXUAL
17 ASSAULT).
18 SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
19 INTERCOURSE).
20 SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
21 SECTION 3125 (RELATING TO AGGRAVATED INDECENT
22 ASSAULT).
23 SECTION 3126 (RELATING TO INDECENT ASSAULT).
24 SECTION 3127 (RELATING TO INDECENT EXPOSURE).
25 SECTION 4302 (RELATING TO INCEST).
26 SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
27 CHILDREN).
28 SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
29 SECTION 6312(B) (RELATING TO SEXUAL ABUSE OF
30 CHILDREN).
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1 SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF
2 CHILDREN).
3 * * *
4 SECTION 8. SECTION 9795.4 OF TITLE 42 IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 § 9795.4. Assessments.
7 * * *
8 (d.1) Description of offense.--For purposes of section
9 9798.1(c) (relating to information made available on the
10 Internet), the board shall prepare a description of the offense
11 or offenses which trigger the application of this subchapter to
12 include, but not be limited to:
13 (1) A concise narrative of the offender's conduct.
14 (2) Whether the victim was a minor.
15 (3) The manner of weapon or physical force used or
16 threatened.
17 (4) If the offense involved unauthorized entry into a
18 room or vehicle occupied by the victim.
19 (5) If the offense was part of a course or pattern of
20 conduct involving multiple incidents or victims.
21 (6) Previous instances in which the offender was
22 determined guilty of an offense subject to this subchapter or
23 of a crime of violence as defined in section 9714(g)
24 (relating to sentences for second and subsequent offenses).
25 * * *
26 Section 2 9. Section 9798.1(b) and (c) of Title 42, added <--
27 November 24, 2004 (P.L.1243, No.152), are amended to read:
28 § 9798.1. Information made available on the Internet.
29 * * *
30 (b) Internet posting of sexually violent predators, lifetime
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1 registrants and other offenders.--The Commissioner of the
2 Pennsylvania State Police shall, in the manner and form directed
3 by the Governor:
4 (1) Develop and maintain a system for making the
5 information described in subsection (c) publicly available by
6 electronic means so that the public may, without limitation,
7 obtain access to the information via an Internet website to
8 view an individual record or the records of all sexually
9 violent predators, lifetime registrants and other offenders
10 who are registered with the Pennsylvania State Police.
11 (2) Ensure that the Internet website contains warnings
12 that any person who uses the information contained therein to
13 threaten, intimidate or harass another or who otherwise
14 misuses that information may be criminally prosecuted.
15 (3) Ensure that the Internet website contains an
16 explanation of its limitations, including statements advising
17 that a positive identification of a sexually violent
18 predator, lifetime registrant or other offender whose record
19 has been made available may be confirmed only by
20 fingerprints; that some information contained on the Internet
21 website may be outdated or inaccurate; and that the Internet
22 website is not a comprehensive listing of every person who
23 has ever committed a sex offense in Pennsylvania.
24 (4) Strive to ensure the information contained on the <--
25 Internet website is accurate and that the data therein is
26 THAT: <--
27 (I) THE INFORMATION CONTAINED ON THE INTERNET
28 WEBSITE IS ACCURATE [AND THAT];
29 (II) THE DATA THEREIN IS revised and updated as
30 appropriate in a timely and efficient manner. MANNER; AND <--
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1 (III) INSTRUCTIONS ARE INCLUDED ON HOW TO SEEK
2 CORRECTION OF INFORMATION WHICH A PERSON CONTENDS IS
3 ERRONEOUS.
4 (5) Provide on the Internet website general information
5 designed to inform and educate the public about sex offenders
6 and sexually violent predators and the operation of this
7 subchapter as well as pertinent and appropriate information
8 concerning crime prevention and personal safety, with
9 appropriate links to other relevant Internet websites
10 operated by the Commonwealth of Pennsylvania.
11 (6) Identify when the victim is a minor with a special
12 designation. THE IDENTITY OF A VICTIM OF A SEX OFFENSE SHALL <--
13 NOT BE PUBLISHED OR POSTED ON THE INTERNET WEBSITE.
14 (c) Information permitted to be disclosed regarding
15 individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
16 criminal history record information), the Internet website shall
17 contain the following information on each individual:
18 (1) For sexually violent predators [only], the following <--
19 information shall be posted on the Internet website:
20 (i) name and [any] all known aliases;
21 (ii) year of birth;
22 (iii) the street address, [city] municipality,
23 county and zip code of all residences, including, where
24 applicable, the name of the prison or other place of
25 confinement;
26 (iv) the street address, [city] municipality, county
27 [and], zip code and name of any institution or location
28 at which the person is enrolled as a student;
29 (v) the [city] municipality, county and zip code of
30 any employment location;
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1 (vi) a photograph of the offender, which shall be
2 updated not less than annually;
3 (vii) a description of the offense or offenses which
4 triggered the application of this subchapter provided for
5 by section 9795.4(d.1) (relating to assessments); and
6 (viii) the date of the offense [and], conviction[,]
7 and, where applicable, the release or earliest possible
8 release from confinement, if available.
9 (2) For all other lifetime registrants and offenders
10 subject to registration only the following information shall <--
11 be posted on the Internet website:
12 (i) name and [any] all known aliases;
13 (ii) year of birth;
14 (iii) the [city] street address, municipality,
15 county and zip code of all residences, including, where
16 applicable, the name of the prison or other place of
17 confinement;
18 (iv) the [city] municipality, county [and], zip code
19 and name of any institution or location at which the
20 person is enrolled as a student;
21 (v) the [city] street address, municipality, county
22 and zip code of any employment location;
23 (vi) a photograph of the offender, which shall be
24 updated not less than annually;
25 (vii) a description of the offense or offenses which
26 triggered the application of this subchapter provided for
27 by section 9795.4(d.1); and
28 (viii) the date of the offense [and], conviction[,]
29 and, where applicable, the release or earliest possible
30 release from confinement, if available. SUBJECT TO <--
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1 REGISTRATION [ONLY], THE [FOLLOWING] INFORMATION SET
2 FORTH IN PARAGRAPH (1) SHALL BE POSTED ON THE INTERNET
3 WEBSITE.[:
4 (I) NAME AND ANY ALIASES;
5 (II) YEAR OF BIRTH;
6 (III) THE CITY, COUNTY AND ZIP CODE OF ALL
7 RESIDENCES;
8 (IV) THE CITY, COUNTY AND ZIP CODE OF ANY
9 INSTITUTION OR LOCATION AT WHICH THE PERSON IS ENROLLED
10 AS A STUDENT;
11 (V) THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT
12 LOCATION;
13 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE
14 UPDATED NOT LESS THAN ANNUALLY;
15 (VII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH
16 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND
17 (VIII) THE DATE OF THE OFFENSE AND CONVICTION, IF
18 AVAILABLE.]
19 (d) Duration of Internet posting.--
20 (1) The information listed in subsection (c) about a
21 sexually violent predator shall be made available on the
22 Internet for the lifetime of the sexually violent predator.
23 (2) The information listed in subsection (c) about an
24 offender who is subject to lifetime registration shall be
25 made available on the Internet for the lifetime of the
26 offender unless the offender is granted relief under section
27 9795.5 (relating to exemption from certain notifications).
28 (3) The information listed in subsection (c) about any
29 other offender subject to registration shall be made
30 available on the Internet for the entire period during which
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1 the offender is required to register, including any extension
2 of this period pursuant to 9795.2(a)(3) (relating to
3 registration procedures and applicability).
4 Section 3. This act shall take effect in 60 days. <--
5 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
6 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 180
7 DAYS:
8 (I) THE AMENDMENT OF THE DEFINITION OF "SEXUAL ABUSE
9 OR EXPLOITATION" IN 23 PA.C.S. § 6303(A).
10 (II) THE AMENDMENT OF 23 PA.C.S. § 6311(A).
11 (III) THE AMENDMENT OF 23 PA.C.S. § 6319.
12 (IV) THE AMENDMENT OR ADDITION OF 23 PA.C.S. §
13 6344(A), (C)(1), (O) AND (P).
14 (V) THE ADDITION OF 23 PA.C.S. § 6344.1.
15 (VI) THE AMENDMENT OF 23 PA.C.S. § 6368(D).
16 (VII) THE AMENDMENT OF 42 PA.C.S. § 9795.4(D.1).
17 (VIII) THE AMENDMENT OF 42 PA.C.S. § 9798.1(B) AND
18 (D).
19 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
20 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
21 DAYS.
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