See other bills
under the
same topic
                               CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 342, 997, 4339           PRINTER'S NO. 4487

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 301 Session of 2007


        INTRODUCED BY MUNDY, BELFANTI, BENNINGTON, CARROLL, CALTAGIRONE,
           DeLUCA, GOODMAN, JOSEPHS, KORTZ, LEVDANSKY, MELIO, MYERS,
           PALLONE, PETRARCA, K. SMITH, STABACK, YOUNGBLOOD, FRANKEL,
           CURRY, SIPTROTH, JAMES, WANSACZ, COX AND FABRIZIO,
           FEBRUARY 7, 2007

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           SEPTEMBER 17, 2008

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     subpoena; AND, IN REGISTRATION OF SEXUAL OFFENDERS, FURTHER    <--
     4     PROVIDING FOR REGISTRATION.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6333 SECTIONS 6333 AND 9795.1(A) AND (B)   <--
     8  of Title 42 of the Pennsylvania Consolidated Statutes is ARE      <--
     9  amended to read:
    10  § 6333.  Subpoena.
    11     (a)  General rule.--Upon application of a child, parent,
    12  guardian, custodian, probation officer, district attorney, or
    13  other party to the proceedings, the court, master, or the clerk
    14  of the court shall issue, or the court or master may on its own
    15  motion issue, subpoenas requiring attendance and testimony of
    16  witnesses and production of papers at any hearing under this

     1  chapter.
     2     (b)  Copy to parents, guardians and custodians.--
     3         (1)  A copy of the subpoena requiring attendance and
     4     testimony of a witness who is under 18 years of age shall be
     5     issued to the parent, guardian or other custodian of the
     6     witness in addition to the issuance of the subpoena for the
     7     witness.
     8         (2)  The court may waive issuance of the copy under
     9     paragraph (1) for cause shown in a specific case.
    10  § 9795.1.  REGISTRATION.                                          <--
    11     (A)  TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
    12  BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A
    13  PERIOD OF TEN YEARS:
    14         (1)  INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
    15     OFFENSES:
    16             18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE
    17         VICTIM IS A MINOR.
    18             18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A
    19         MOTOR VEHICLE OR STRUCTURE).
    20             18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
    21         ASSAULT).
    22             18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT)
    23         WHERE THE OFFENSE IS GRADED AS A MISDEMEANOR OF THE FIRST
    24         DEGREE OR HIGHER.
    25             18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
    26         VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF
    27         AGE.
    28             18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND
    29         RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE
    30         PROSTITUTION OF A MINOR.
    20070H0301B4487                  - 2 -     

     1             18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO
     2         OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES)
     3         WHERE THE VICTIM IS A MINOR.
     4             18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
     5         CHILDREN).
     6             18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT WITH
     7         MINOR).
     8             18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
     9         CHILDREN).
    10         (2)  INDIVIDUALS CONVICTED OF AN ATTEMPT, CONSPIRACY OR
    11     SOLICITATION TO COMMIT ANY OF THE OFFENSES UNDER PARAGRAPH
    12     (1) OR SUBSECTION (B)(2).
    13         (3)  INDIVIDUALS CURRENTLY RESIDING IN THIS COMMONWEALTH
    14     WHO HAVE BEEN CONVICTED OF OFFENSES SIMILAR TO THE CRIMES
    15     CITED IN PARAGRAPHS (1) AND (2) UNDER THE LAWS OF THE UNITED
    16     STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER
    17     STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO
    18     RICO OR A FOREIGN NATION, OR UNDER A FORMER LAW OF THIS
    19     COMMONWEALTH.
    20     (B)  LIFETIME REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
    21  BE SUBJECT TO LIFETIME REGISTRATION:
    22         (1)  AN INDIVIDUAL WITH TWO OR MORE CONVICTIONS OF ANY OF
    23     THE OFFENSES SET FORTH IN SUBSECTION (A).
    24         (2)  INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
    25     OFFENSES:
    26             18 PA.C.S. § 3121 (RELATING TO RAPE).
    27             18 PA.C.S. § 3123 (RELATING TO INVOLUNTARY DEVIATE
    28         SEXUAL INTERCOURSE).
    29             18 PA.C.S. § 3124.1 (RELATING TO SEXUAL ASSAULT).
    30             18 PA.C.S. § 3125 (RELATING TO AGGRAVATED INDECENT
    20070H0301B4487                  - 3 -     

     1         ASSAULT).
     2             18 PA.C.S. § 4302 (RELATING TO INCEST) WHEN THE
     3         VICTIM IS UNDER 12 YEARS OF AGE.
     4         (3)  SEXUALLY VIOLENT PREDATORS.
     5         (4)  INDIVIDUALS CURRENTLY RESIDING IN THIS COMMONWEALTH
     6     WHO HAVE BEEN CONVICTED OF OFFENSES SIMILAR TO THE CRIMES
     7     CITED IN PARAGRAPH (2) UNDER THE LAWS OF THE UNITED STATES OR
     8     ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE
     9     DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A
    10     FOREIGN NATION, OR UNDER A FORMER LAW OF THIS COMMONWEALTH.
    11     * * *
    12     Section 2.  This act shall take effect in 60 days.












    A2L42MSP/20070H0301B4487         - 4 -