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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1443, 1837, 1882,        PRINTER'S NO. 2247
        2075

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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, HOUSE OF REPRESENTATIVES,
           NOVEMBER 15, 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.


     1     (A)  OFFENSE DEFINED.--
     2         (1)  A PARENT, GUARDIAN, OR OTHER PERSON SUPERVISING THE
     3     WELFARE OF A CHILD UNDER 18 YEARS OF AGE, OR A PERSON THAT
     4     EMPLOYS OR SUPERVISES SUCH A PERSON COMMITS AN OFFENSE IF [HE  <--
     5     KNOWINGLY] THE PERSON ENDANGERS THE WELFARE OF THE CHILD BY    <--
     6     VIOLATING A DUTY OF CARE, PROTECTION OR SUPPORT.
     7         (2)  A PERSON COMMITS AN OFFENSE IF THE PERSON, IN AN
     8     OFFICIAL CAPACITY, PREVENTS OR INTERFERES WITH THE MAKING OF
     9     A REPORT OF SUSPECTED CHILD ABUSE UNDER 23 PA.C.S. CH. 63
    10     (RELATING TO CHILD PROTECTIVE SERVICES).
    11         (3)  AS USED IN THIS SUBSECTION, THE TERM "PERSON
    12     SUPERVISING THE WELFARE OF A CHILD" MEANS A PERSON OTHER THAN
    13     A PARENT OR GUARDIAN THAT PROVIDES CARE, EDUCATION, TRAINING
    14     OR CONTROL OF A CHILD.
    15     * * *
    16     SECTION 2.  THE DEFINITION OF "SEXUAL ABUSE OR EXPLOITATION"
    17  IN SECTION 6303(A) OF TITLE 23 OF THE PENNSYLVANIA CONSOLIDATED   <--
    18  STATUTES IS AMENDED TO READ:
    19  § 6303.  DEFINITIONS.
    20     (A)  GENERAL RULE.--THE FOLLOWING WORDS AND PHRASES WHEN USED
    21  IN THIS CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    22  SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
    23     * * *
    24     ["SEXUAL ABUSE OR EXPLOITATION."  THE EMPLOYMENT, USE,
    25  PERSUASION, INDUCEMENT, ENTICEMENT OR COERCION OF ANY CHILD TO
    26  ENGAGE IN OR ASSIST ANY OTHER PERSON TO ENGAGE IN ANY SEXUALLY
    27  EXPLICIT CONDUCT OR ANY SIMULATION OF ANY SEXUALLY EXPLICIT
    28  CONDUCT FOR THE PURPOSE OF PRODUCING ANY VISUAL DEPICTION,
    29  INCLUDING PHOTOGRAPHING, VIDEOTAPING, COMPUTER DEPICTING OR
    30  FILMING, OF ANY SEXUALLY EXPLICIT CONDUCT OR THE RAPE, SEXUAL
    20060S1054B2247                  - 2 -     

     1  ASSAULT, INVOLUNTARY DEVIATE SEXUAL INTERCOURSE, AGGRAVATED
     2  INDECENT ASSAULT, MOLESTATION, INCEST, INDECENT EXPOSURE,
     3  PROSTITUTION, STATUTORY SEXUAL ASSAULT OR OTHER FORM OF SEXUAL
     4  EXPLOITATION OF CHILDREN.]
     5     "SEXUAL ABUSE OR EXPLOITATION."  ANY OF THE FOLLOWING:
     6         (1)  THE EMPLOYMENT, USE, PERSUASION, INDUCEMENT,
     7     ENTICEMENT OR COERCION OF A CHILD TO ENGAGE IN OR ASSIST
     8     ANOTHER INDIVIDUAL TO ENGAGE IN SEXUALLY EXPLICIT CONDUCT.
     9         (2)  THE EMPLOYMENT, USE, PERSUASION, INDUCEMENT,
    10     ENTICEMENT OR COERCION OF A CHILD TO ENGAGE IN OR ASSIST
    11     ANOTHER INDIVIDUAL TO ENGAGE IN SIMULATION OF SEXUALLY
    12     EXPLICIT CONDUCT FOR THE PURPOSE OF PRODUCING VISUAL
    13     DEPICTION, INCLUDING PHOTOGRAPHING, VIDEOTAPING, COMPUTER
    14     DEPICTING AND FILMING.
    15         (3)  ANY OF THE FOLLOWING OFFENSES COMMITTED AGAINST A
    16     CHILD:
    17             (I)  RAPE.
    18             (II)  SEXUAL ASSAULT.
    19             (III)  INVOLUNTARY DEVIATE SEXUAL INTERCOURSE.
    20             (IV)  AGGRAVATED INDECENT ASSAULT.
    21             (V)  MOLESTATION.
    22             (VI)  INCEST.
    23             (VII)  INDECENT EXPOSURE.
    24             (VIII)  PROSTITUTION.
    25             (IX)  SEXUAL ABUSE.
    26             (X)  SEXUAL EXPLOITATION.
    27     * * *
    28     SECTION 3.  SECTIONS 6311(A), 6318(A) AND 6319 OF TITLE 23
    29  ARE AMENDED TO READ:
    30  § 6311.  PERSONS REQUIRED TO REPORT SUSPECTED CHILD ABUSE.
    20060S1054B2247                  - 3 -     

     1     (A)  GENERAL RULE.--[PERSONS] A PERSON WHO, IN THE COURSE OF
     2  [THEIR] EMPLOYMENT, OCCUPATION OR PRACTICE OF [THEIR] A
     3  PROFESSION, [COME] COMES INTO CONTACT WITH CHILDREN SHALL REPORT
     4  OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH SECTION 6313
     5  (RELATING TO REPORTING PROCEDURE) WHEN [THEY HAVE] THE PERSON
     6  HAS REASONABLE CAUSE TO SUSPECT, ON THE BASIS OF [THEIR]
     7  MEDICAL, PROFESSIONAL OR OTHER TRAINING AND EXPERIENCE, THAT A
     8  CHILD [COMING BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL
     9  CAPACITY IS AN ABUSED CHILD.] UNDER THE CARE, SUPERVISION,
    10  GUIDANCE OR TRAINING OF THAT PERSON OR OF AN AGENCY,
    11  INSTITUTION, ORGANIZATION OR OTHER ENTITY WITH WHICH THAT PERSON
    12  IS AFFILIATED IS A VICTIM OF CHILD ABUSE, INCLUDING CHILD ABUSE
    13  BY AN INDIVIDUAL WHO IS NOT A PERPETRATOR, SHALL REPORT OR CAUSE
    14  A REPORT TO BE MADE IN ACCORDANCE WITH SECTION 6313 (RELATING TO  <--
    15  REPORTING PROCEDURE). EXCEPT WITH RESPECT TO CONFIDENTIAL
    16  COMMUNICATIONS MADE TO [AN ORDAINED] A MEMBER OF THE CLERGY
    17  WHICH ARE PROTECTED UNDER 42 PA.C.S. § 5943 (RELATING TO
    18  CONFIDENTIAL COMMUNICATIONS TO CLERGYMEN), AND EXCEPT WITH
    19  RESPECT TO CONFIDENTIAL COMMUNICATIONS MADE TO AN ATTORNEY WHICH
    20  ARE PROTECTED BY 42 PA.C.S. § 5916 (RELATING TO CONFIDENTIAL
    21  COMMUNICATIONS TO ATTORNEY) OR 5928 (RELATING TO CONFIDENTIAL
    22  COMMUNICATIONS TO ATTORNEY), THE PRIVILEGED COMMUNICATION
    23  BETWEEN ANY PROFESSIONAL PERSON REQUIRED TO REPORT AND THE
    24  PATIENT OR CLIENT OF THAT PERSON SHALL NOT APPLY TO SITUATIONS
    25  INVOLVING CHILD ABUSE AND SHALL NOT CONSTITUTE GROUNDS FOR
    26  FAILURE TO REPORT AS REQUIRED BY THIS CHAPTER.
    27     * * *
    28  § 6318.  IMMUNITY FROM LIABILITY.
    29     (A)  GENERAL RULE.--A PERSON, HOSPITAL, INSTITUTION, SCHOOL,
    30  FACILITY, AGENCY OR AGENCY EMPLOYEE THAT PARTICIPATES IN GOOD
    20060S1054B2247                  - 4 -     

     1  FAITH IN THE MAKING OF A REPORT, WHETHER REQUIRED OR NOT,
     2  COOPERATING WITH AN INVESTIGATION, TESTIFYING IN A PROCEEDING
     3  ARISING OUT OF AN INSTANCE OF SUSPECTED CHILD ABUSE, THE TAKING
     4  OF PHOTOGRAPHS OR THE REMOVAL OR KEEPING OF A CHILD PURSUANT TO
     5  SECTION 6315 (RELATING TO TAKING CHILD INTO PROTECTIVE CUSTODY),
     6  AND ANY OFFICIAL OR EMPLOYEE OF A COUNTY AGENCY WHO REFERS A
     7  REPORT OF SUSPECTED ABUSE TO LAW ENFORCEMENT AUTHORITIES OR
     8  PROVIDES SERVICES UNDER THIS CHAPTER, SHALL HAVE IMMUNITY FROM
     9  CIVIL AND CRIMINAL LIABILITY THAT MIGHT OTHERWISE RESULT BY
    10  REASON OF THOSE ACTIONS.
    11     * * *
    12  § 6319.  PENALTIES FOR FAILURE TO REPORT OR TO REFER.
    13     A PERSON OR OFFICIAL REQUIRED BY THIS CHAPTER TO REPORT A
    14  CASE OF SUSPECTED CHILD ABUSE OR TO MAKE A REFERRAL TO THE
    15  APPROPRIATE AUTHORITIES WHO WILLFULLY FAILS TO DO SO COMMITS A
    16  [SUMMARY OFFENSE] MISDEMEANOR OF THE THIRD DEGREE FOR THE FIRST
    17  VIOLATION AND A MISDEMEANOR OF THE [THIRD] SECOND DEGREE FOR A
    18  SECOND OR SUBSEQUENT VIOLATION.
    19     SECTION 4.  SECTION 6344(A) AND (C)(1) OF TITLE 23 ARE
    20  AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
    21  READ:
    22  § 6344.  INFORMATION RELATING TO PROSPECTIVE CHILD-CARE
    23             PERSONNEL.
    24     (A)  APPLICABILITY.--THIS SECTION APPLIES TO ALL PROSPECTIVE
    25  EMPLOYEES OF CHILD-CARE SERVICES, PROSPECTIVE FOSTER PARENTS,
    26  PROSPECTIVE ADOPTIVE PARENTS, PROSPECTIVE SELF-EMPLOYED FAMILY
    27  DAY-CARE PROVIDERS AND OTHER PERSONS SEEKING TO PROVIDE CHILD-
    28  CARE SERVICES UNDER CONTRACT WITH A CHILD-CARE FACILITY OR
    29  PROGRAM. THIS SECTION ALSO APPLIES TO INDIVIDUALS 14 YEARS OF
    30  AGE OR OLDER WHO RESIDE IN THE HOME OF A PROSPECTIVE FOSTER
    20060S1054B2247                  - 5 -     

     1  PARENT FOR AT LEAST 30 DAYS IN A CALENDAR YEAR OR WHO RESIDE IN
     2  THE HOME OF A PROSPECTIVE ADOPTIVE PARENT FOR AT LEAST 30 DAYS
     3  IN A CALENDAR YEAR. THIS SECTION DOES NOT APPLY TO
     4  ADMINISTRATIVE OR OTHER SUPPORT PERSONNEL UNLESS THEIR DUTIES
     5  WILL INVOLVE DIRECT CONTACT WITH CHILDREN.
     6     * * *
     7     (C)  GROUNDS FOR DENYING EMPLOYMENT.--
     8         (1)  IN NO CASE SHALL AN ADMINISTRATOR HIRE AN APPLICANT
     9     WHERE THE DEPARTMENT HAS VERIFIED THAT THE APPLICANT IS NAMED
    10     IN THE CENTRAL REGISTER AS THE PERPETRATOR OF A FOUNDED
    11     REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-YEAR PERIOD
    12     IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO THIS
    13     SECTION[.] OR IS NAMED IN THE CENTRAL REGISTER AS THE
    14     PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
    15     COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
    16     VERIFICATION PURSUANT TO THIS SECTION.
    17         * * *
    18     (O)  USE OF INFORMATION.--A FOSTER FAMILY CARE AGENCY MAY NOT
    19  APPROVE A PROSPECTIVE FOSTER PARENT IF THE PROSPECTIVE FOSTER
    20  PARENT OR AN INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR
    21  AT LEAST 30 DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE FOSTER
    22  PARENT MEETS EITHER OF THE FOLLOWING:
    23         (1)  IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR
    24     OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-
    25     YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO
    26     THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE
    27     PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
    28     COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
    29     VERIFICATION PURSUANT TO THIS SECTION.
    30         (2)  HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN
    20060S1054B2247                  - 6 -     

     1     SUBSECTION (C)(2).
     2     (P)  USE OF INFORMATION.--A PROSPECTIVE ADOPTIVE PARENT MAY
     3  NOT BE APPROVED IF THE PROSPECTIVE ADOPTIVE PARENT OR AN
     4  INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES FOR AT LEAST 30
     5  DAYS IN A CALENDAR YEAR WITH THE PROSPECTIVE ADOPTIVE PARENT
     6  MEETS EITHER OF THE FOLLOWING:
     7         (1)  IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR
     8     OF A FOUNDED REPORT OF CHILD ABUSE COMMITTED WITHIN THE FIVE-
     9     YEAR PERIOD IMMEDIATELY PRECEDING VERIFICATION PURSUANT TO
    10     THIS SECTION OR IS NAMED IN THE CENTRAL REGISTER AS THE
    11     PERPETRATOR OF A FOUNDED REPORT FOR A SCHOOL EMPLOYEE
    12     COMMITTED WITHIN THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING
    13     VERIFICATION PURSUANT TO THIS SECTION.
    14         (2)  HAS BEEN FOUND GUILTY OF AN OFFENSE LISTED IN
    15     SUBSECTION (C)(2).
    16     SECTION 5.  TITLE 23 IS AMENDED BY ADDING SECTIONS TO READ:
    17  § 6344.1.  INFORMATION RELATING TO FAMILY DAY-CARE HOME
    18             RESIDENTS.
    19     (A)  GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF
    20  SECTION 6344 (RELATING TO INFORMATION RELATING TO PROSPECTIVE
    21  CHILD-CARE PERSONNEL), AN INDIVIDUAL WHO APPLIES TO THE
    22  DEPARTMENT FOR A REGISTRATION CERTIFICATE TO OPERATE A FAMILY
    23  DAY-CARE HOME SHALL INCLUDE CRIMINAL HISTORY RECORD AND CHILD
    24  ABUSE RECORD INFORMATION REQUIRED UNDER SECTION 6344(B) FOR
    25  EVERY INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE
    26  HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR.
    27     (B)  REQUIRED INFORMATION.--CHILD ABUSE RECORD INFORMATION
    28  REQUIRED UNDER SUBSECTION (A) SHALL INCLUDE CERTIFICATION BY THE
    29  DEPARTMENT AS TO WHETHER THE APPLICANT IS NAMED IN THE CENTRAL
    30  REGISTER AS THE PERPETRATOR OF A FOUNDED REPORT, INDICATED
    20060S1054B2247                  - 7 -     

     1  REPORT, FOUNDED REPORT FOR SCHOOL EMPLOYEE OR INDICATED REPORT
     2  FOR SCHOOL EMPLOYEE.
     3     (C)  EFFECT ON REGISTRATION.--THE DEPARTMENT SHALL REFUSE TO
     4  ISSUE OR RENEW A REGISTRATION CERTIFICATE OR SHALL REVOKE A
     5  REGISTRATION CERTIFICATE IF THE FAMILY DAY-CARE HOME PROVIDER OR
     6  INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO HAS RESIDED IN THE HOME
     7  FOR AT LEAST 30 DAYS IN A CALENDAR YEAR:
     8         (1)  IS NAMED IN THE CENTRAL REGISTER ON CHILD ABUSE
     9     ESTABLISHED UNDER CHAPTER 63 (RELATING TO CHILD PROTECTIVE
    10     SERVICES) AS THE PERPETRATOR OF A FOUNDED REPORT COMMITTED
    11     WITHIN THE IMMEDIATELY PRECEDING FIVE-YEAR PERIOD; OR
    12         (2)  HAS BEEN CONVICTED OF AN OFFENSE ENUMERATED IN
    13     SECTION 6344(C).
    14     (D)  REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE
    15  REGULATIONS TO ADMINISTER THIS SECTION.
    16  § 6344.2.  INFORMATION RELATING TO OTHER PERSONS HAVING CONTACT
    17             WITH CHILDREN.
    18     (A)  APPLICABILITY.--THIS SECTION APPLIES TO PROSPECTIVE
    19  EMPLOYEES APPLYING TO ENGAGE IN OCCUPATIONS WITH A SIGNIFICANT
    20  LIKELIHOOD OF REGULAR CONTACT WITH CHILDREN, IN THE FORM OF
    21  CARE, GUIDANCE, SUPERVISION OR TRAINING. SUCH PERSONS INCLUDE
    22  SOCIAL SERVICE WORKERS, HOSPITAL PERSONNEL, MENTAL HEALTH
    23  PROFESSIONALS, MEMBERS OF THE CLERGY, COUNSELORS, LIBRARIANS AND
    24  DOCTORS.
    25     (B)  INVESTIGATION.--EMPLOYERS, ADMINISTRATORS OR SUPERVISORS
    26  SHALL REQUIRE AN APPLICANT TO SUBMIT TO ALL REQUIREMENTS SET
    27  FORTH IN SECTION 6344(B) (RELATING TO INFORMATION RELATING TO
    28  PROSPECTIVE CHILD-CARE PERSONNEL). AN EMPLOYER, ADMINISTRATOR,
    29  SUPERVISOR OR OTHER PERSON RESPONSIBLE FOR EMPLOYMENT DECISIONS
    30  REGARDING AN APPLICABLE PROSPECTIVE EMPLOYEE UNDER THIS SECTION
    20060S1054B2247                  - 8 -     

     1  THAT INTENTIONALLY FAILS TO REQUIRE THE SUBMISSIONS BEFORE
     2  HIRING THAT INDIVIDUAL COMMITS A MISDEMEANOR OF THE THIRD
     3  DEGREE.
     4     (C)  GROUNDS FOR DENIAL.--EACH APPLICANT SHALL BE SUBJECT TO
     5  THE REQUIREMENTS OF SECTION 6344(C).
     6     (D)  DEPARTMENTAL TREATMENT OF INFORMATION.--INFORMATION
     7  PROVIDED AND COMPILED UNDER THIS SECTION BY THE DEPARTMENT SHALL
     8  BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO THE ACT OF JUNE 21,
     9  1957 (P.L.390, NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
    10  THIS INFORMATION SHALL NOT BE RELEASED EXCEPT AS PERMITTED BY
    11  THE DEPARTMENT THROUGH REGULATION. THE DEPARTMENT MAY CHARGE A
    12  FEE TO CONDUCT A CERTIFICATION AS REQUIRED BY SECTION 6344(B)(2)
    13  IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6344(H). THE
    14  DEPARTMENT SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT
    15  THIS SUBSECTION.
    16     SECTION 6.  SECTION 6368(D) OF TITLE 23 IS AMENDED TO READ:
    17  § 6368.  INVESTIGATION OF REPORTS.
    18     * * *
    19     (D)  REFERRAL FOR INVESTIGATION.--IF THE COMPLAINT OF
    20  SUSPECTED ABUSE IS DETERMINED TO BE ONE WHICH CANNOT BE
    21  INVESTIGATED UNDER THIS CHAPTER BECAUSE THE PERSON ACCUSED OF
    22  THE ABUSE IS NOT A PERPETRATOR WITHIN THE MEANING OF SECTION
    23  6303 (RELATING TO DEFINITIONS), BUT DOES SUGGEST THE NEED FOR
    24  INVESTIGATION, THE COUNTY AGENCY SHALL IMMEDIATELY TRANSMIT THE
    25  INFORMATION TO THE APPROPRIATE AUTHORITIES[.], INCLUDING THE
    26  DISTRICT ATTORNEY, THE DISTRICT ATTORNEY'S DESIGNEE OR OTHER LAW
    27  ENFORCEMENT OFFICIAL, IN ACCORDANCE WITH THE COUNTY PROTOCOLS
    28  FOR INVESTIGATIVE TEAMS REQUIRED BY SECTION 6365(C) (RELATING TO
    29  SERVICES FOR PREVENTION, INVESTIGATION AND TREATMENT OF CHILD
    30  ABUSE).
    20060S1054B2247                  - 9 -     

     1     SECTION 7.  SECTION 5552(C)(3) OF TITLE 42 IS AMENDED TO
     2  READ:
     3  § 5552.  OTHER OFFENSES.
     4     * * *
     5     (C)  EXCEPTIONS.--IF THE PERIOD PRESCRIBED IN SUBSECTION (A),
     6  (B) OR (B.1) HAS EXPIRED, A PROSECUTION MAY NEVERTHELESS BE
     7  COMMENCED FOR:
     8         * * *
     9         (3)  ANY SEXUAL OFFENSE COMMITTED AGAINST A MINOR WHO IS
    10     LESS THAN 18 YEARS OF AGE ANY TIME UP TO THE LATER OF THE
    11     PERIOD OF LIMITATION PROVIDED BY LAW AFTER THE MINOR HAS
    12     REACHED 18 YEARS OF AGE OR THE DATE THE MINOR REACHES 50
    13     YEARS OF AGE. AS USED IN THIS PARAGRAPH, THE TERM "SEXUAL
    14     OFFENSE" MEANS A CRIME UNDER THE FOLLOWING PROVISIONS OF
    15     TITLE 18 (RELATING TO CRIMES AND OFFENSES):
    16             SECTION 3121 (RELATING TO RAPE).
    17             SECTION 3122.1 (RELATING TO STATUTORY SEXUAL
    18         ASSAULT).
    19             SECTION 3123 (RELATING TO INVOLUNTARY DEVIATE SEXUAL
    20         INTERCOURSE).
    21             SECTION 3124.1 (RELATING TO SEXUAL ASSAULT).
    22             SECTION 3125 (RELATING TO AGGRAVATED INDECENT
    23         ASSAULT).
    24             SECTION 3126 (RELATING TO INDECENT ASSAULT).
    25             SECTION 3127 (RELATING TO INDECENT EXPOSURE).
    26             SECTION 4302 (RELATING TO INCEST).
    27             SECTION 4304 (RELATING TO ENDANGERING WELFARE OF
    28         CHILDREN).
    29             SECTION 6301 (RELATING TO CORRUPTION OF MINORS).
    30             SECTION 6312(B) (RELATING TO SEXUAL ABUSE OF
    20060S1054B2247                 - 10 -     

     1         CHILDREN).
     2             SECTION 6320 (RELATING TO SEXUAL EXPLOITATION OF
     3         CHILDREN).
     4     * * *
     5     SECTION 8.  SECTION 9795.4 OF TITLE 42 IS AMENDED BY ADDING A
     6  SUBSECTION TO READ:
     7  § 9795.4.  Assessments.
     8     * * *
     9     (d.1)  Description of offense.--For purposes of section        <--
    10  9798.1(c) (relating to information made available on the
    11  Internet), the 
    12     (D.1)  SUMMARY OF OFFENSE.--THE board shall prepare a          <--
    13  description of the offense or offenses which trigger the
    14  application of this subchapter to include, but not be limited
    15  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
    19     threatened.
    20         (4)  If the offense involved unauthorized entry into a
    21     room or vehicle occupied by the victim.
    22         (5)  If the offense was part of a course or pattern of
    23     conduct involving multiple incidents or victims.
    24         (6)  Previous instances in which the offender was
    25     determined guilty of an offense subject to this subchapter or
    26     of a crime of violence as defined in section 9714(g)
    27     (relating to sentences for second and subsequent offenses).
    28     * * *
    29     Section 2 9.  Section 9798.1(b) and (c) of Title 42, added     <--
    30  November 24, 2004 (P.L.1243, No.152), are amended to read:
    20060S1054B2247                 - 11 -     

     1     SECTION 9.  SECTION 9798.1(B) AND (C) OF TITLE 42, AMENDED OR  <--
     2  ADDED NOVEMBER 24, 2004 (P.L.1243, NO.152) AND NOVEMBER 9, 2006
     3  (P.L.    , NO.143), ARE AMENDED TO READ:
     4  § 9798.1.  Information made available on the Internet.
     5     * * *
     6     (b)  Internet posting of sexually violent predators, lifetime
     7  registrants and other offenders.--The Commissioner of the
     8  Pennsylvania State Police shall, in the manner and form directed
     9  by the Governor:
    10         (1)  Develop and maintain a system for making the
    11     information described in subsection (c) publicly available by
    12     electronic means so that the public may, without limitation,
    13     obtain access to the information via an Internet website to
    14     view an individual record or the records of all sexually
    15     violent predators, lifetime registrants and other offenders
    16     who are registered with the Pennsylvania State Police.
    17         (2)  Ensure that the Internet website contains warnings
    18     that any person who uses the information contained therein to
    19     threaten, intimidate or harass another or who otherwise
    20     misuses that information may be criminally prosecuted.
    21         (3)  Ensure that the Internet website contains an
    22     explanation of its limitations, including statements advising
    23     that a positive identification of a sexually violent
    24     predator, lifetime registrant or other offender whose record
    25     has been made available may be confirmed only by
    26     fingerprints; that some information contained on the Internet
    27     website may be outdated or inaccurate; and that the Internet
    28     website is not a comprehensive listing of every person who
    29     has ever committed a sex offense in Pennsylvania.
    30         (4)  Strive to ensure the information contained on the     <--
    20060S1054B2247                 - 12 -     

     1     Internet website is accurate and that the data therein is
     2     THAT:                                                          <--
     3             (I)  THE INFORMATION CONTAINED ON THE INTERNET
     4         WEBSITE IS ACCURATE [AND THAT];
     5             (II)  THE DATA THEREIN IS revised and updated as
     6         appropriate in a timely and efficient manner. MANNER; AND  <--
     7             (III)  INSTRUCTIONS ARE INCLUDED ON HOW TO SEEK
     8         CORRECTION OF INFORMATION WHICH A PERSON CONTENDS IS
     9         ERRONEOUS.
    10         (5)  Provide on the Internet website general information
    11     designed to inform and educate the public about sex offenders
    12     and sexually violent predators and the operation of this
    13     subchapter as well as pertinent and appropriate information
    14     concerning crime prevention and personal safety, with
    15     appropriate links to other relevant Internet websites
    16     operated by the Commonwealth of Pennsylvania.
    17         (6)  Identify when the victim is a minor with a special
    18     designation. THE IDENTITY OF A VICTIM OF A SEX OFFENSE SHALL   <--
    19     NOT BE PUBLISHED OR POSTED ON THE INTERNET WEBSITE.
    20     (c)  Information permitted to be disclosed regarding
    21  individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
    22  criminal history record information), the Internet website shall
    23  contain the following information on each individual:
    24         (1)  For sexually violent predators [only], the following  <--
    25     information shall be posted on the Internet website:
    26             (i)  name and [any] all known aliases;
    27             (ii)  year of birth;
    28             (iii)  the street address, [city] municipality,
    29         county and zip code of all residences, including, where
    30         applicable, the name of the prison or other place of
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     1         confinement;
     2             (iv)  the street address, [city] municipality, county
     3         [and], zip code and name of any institution or location
     4         at which the person is enrolled as a student;
     5             (v)  the [city] municipality, county and zip code of
     6         any employment location;
     7             (vi)  a photograph of the offender, which shall be
     8         updated not less than annually;
     9             (VII)  A PHYSICAL DESCRIPTION OF THE OFFENDER,         <--
    10         INCLUDING SEX, HEIGHT, WEIGHT, EYE COLOR, HAIR COLOR AND
    11         RACE;
    12             (VIII)  ANY IDENTIFYING MARKS, INCLUDING SCARS,
    13         BIRTHMARKS AND TATTOOS;
    14             (IX)  THE LICENSE PLATE NUMBER AND DESCRIPTION OF ANY
    15         VEHICLE OWNED OR REGISTERED TO THE OFFENDER;
    16             (X)  WHETHER THE OFFENDER IS CURRENTLY COMPLIANT WITH
    17         REGISTRATION REQUIREMENTS;
    18             (XI)  WHETHER THE VICTIM IS A MINOR;
    19             [(vii)] (XII)  a description of the offense or         <--
    20         offenses which triggered the application of this
    21         subchapter provided for by section 9795.4(d.1) (relating   <--
    22         to assessments); and
    23             (viii)  the date of the offense [and], conviction[,]   <--
    24         and, where applicable, the release or earliest possible
    25         release from confinement, if available.
    26             [VIII] (XIII)  THE DATE OF THE OFFENSE AND             <--
    27         CONVICTION, IF AVAILABLE.
    28         (2)  For all other lifetime registrants and offenders
    29     subject to registration only the following information shall   <--
    30     be posted on the Internet website:
    20060S1054B2247                 - 14 -     

     1             (i)  name and [any] all known aliases;
     2             (ii)  year of birth;
     3             (iii)  the [city] street address, municipality,
     4         county and zip code of all residences, including, where
     5         applicable, the name of the prison or other place of
     6         confinement;
     7             (iv)  the [city] municipality, county [and], zip code
     8         and name of any institution or location at which the
     9         person is enrolled as a student;
    10             (v)  the [city] street address, municipality, county
    11         and zip code of any employment location;
    12             (vi)  a photograph of the offender, which shall be
    13         updated not less than annually;
    14             (vii)  a description of the offense or offenses which
    15         triggered the application of this subchapter provided for
    16         by section 9795.4(d.1); and
    17             (viii)  the date of the offense [and], conviction[,]
    18         and, where applicable, the release or earliest possible
    19         release from confinement, if available. SUBJECT TO         <--
    20         REGISTRATION [ONLY], THE [FOLLOWING SAME] INFORMATION [AS
    21         SPECIFIED UNDER] SET FORTH IN PARAGRAPH (1) SHALL BE
    22         POSTED ON THE INTERNET WEBSITE.[:                          <--
    23             (I)  NAME AND ANY ALIASES;
    24             (II)  YEAR OF BIRTH;
    25             (III)  THE CITY, COUNTY AND ZIP CODE OF ALL
    26         RESIDENCES;
    27             (IV)  THE CITY, COUNTY AND ZIP CODE OF ANY
    28         INSTITUTION OR LOCATION AT WHICH THE PERSON IS ENROLLED
    29         AS A STUDENT;
    30             (V)  THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT
    20060S1054B2247                 - 15 -     

     1         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; AND
     6             (VIII)  THE DATE OF THE OFFENSE AND CONVICTION, IF
     7         AVAILABLE.]
     8     (d)  Duration of Internet posting.--
     9         (1)  The information listed in subsection (c) about a
    10     sexually violent predator shall be made available on the
    11     Internet for the lifetime of the sexually violent predator.
    12         (2)  The information listed in subsection (c) about an
    13     offender who is subject to lifetime registration shall be
    14     made available on the Internet for the lifetime of the
    15     offender unless the offender is granted relief under section
    16     9795.5 (relating to exemption from certain notifications).
    17         (3)  The information listed in subsection (c) about any
    18     other offender subject to registration shall be made
    19     available on the Internet for the entire period during which
    20     the offender is required to register, including any extension
    21     of this period pursuant to 9795.2(a)(3) (relating to
    22     registration procedures and applicability).
    23     Section 3.  This act shall take effect in 60 days.             <--
    24     SECTION 10.  THE AMENDMENT OF 42 PA.C.S. § 9798.1(C)(XI)       <--
    25  SHALL APPLY TO PERSONS CONVICTED AFTER NOVEMBER 30, 2006, OF AN
    26  OFFENSE REQUIRING REGISTRATION UNDER 42 PA.C.S. § 9795.1.
    27     SECTION 10 11.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:         <--
    28         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 180
    29     DAYS:
    30             (I)  THE AMENDMENT OF THE DEFINITION OF "SEXUAL ABUSE
    20060S1054B2247                 - 16 -     

     1         OR EXPLOITATION" IN 23 PA.C.S. § 6303(A).
     2             (II)  THE AMENDMENT OF 23 PA.C.S. § 6311(A).
     3             (III)  THE AMENDMENT OF 23 PA.C.S. § 6319.
     4             (IV)  THE AMENDMENT OR ADDITION OF 23 PA.C.S. §
     5         6344(A), (C)(1), (O) AND (P).
     6             (V)  THE ADDITION OF 23 PA.C.S. § 6344.1.
     7             (VI)  THE AMENDMENT OF 23 PA.C.S. § 6368(D).
     8             (VII)  THE AMENDMENT OF 42 PA.C.S. § 9795.4(D.1).
     9             (VIII)  THE AMENDMENT OF 42 PA.C.S. § 9798.1(B), (C)   <--
    10         AND (D).
    11         (2)  THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
    12         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
    13     DAYS.












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