PRINTER'S NO. 596
No. 525 Session of 2007
INTRODUCED BY REED, MARSICO, ARGALL, BAKER, BARRAR, BENNINGHOFF,
BENNINGTON, BEYER, BISHOP, BOYD, CAPPELLI, CAUSER, CIVERA,
CLYMER, CONKLIN, COX, DALEY, DALLY, DePASQUALE, FLECK,
GALLOWAY, GEIST, GIBBONS, GINGRICH, GOODMAN, GRELL, GRUCELA,
HARHART, HARPER, HERSHEY, HESS, HICKERNELL, JAMES, KAUFFMAN,
M. KELLER, KENNEY, KILLION, MANN, MARKOSEK, McILHATTAN,
MELIO, MENSCH, METCALFE, MILLARD, R. MILLER, MUSTIO, NAILOR,
O'NEILL, PAYNE, PHILLIPS, PICKETT, RAPP, READSHAW, REICHLEY,
ROAE, SABATINA, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, STABACK,
STEIL, STERN, R. STEVENSON, SWANGER, TRUE, TURZAI, VEREB,
WATSON, WOJNAROSKI AND YOUNGBLOOD, MARCH 6, 2007
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sexual offender registration procedures.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9795.2(a)(4)(i) and (b)(4)(i) of Title 42
7 of the Pennsylvania Consolidated Statutes, amended November 24,
8 2004 (P.L.1243, No.152) and November 29, 2006 (P.L.1567,
9 No.178), are amended to read:
10 § 9795.2. Registration procedures and applicability.
11 (a) Registration.--
12 * * *
13 (4) This paragraph shall apply to all offenders and
14 sexually violent predators:
1 (i) Where the offender or sexually violent predator
2 was granted parole by the Pennsylvania Board of Probation
3 and Parole or the court or is sentenced to probation or
4 intermediate punishment, the board or county office of
5 probation and parole shall collect registration
6 information from the offender or sexually violent
7 predator and forward that registration information to the
8 Pennsylvania State Police. The Department of Corrections
9 or county correctional facility shall not release the
10 offender or sexually violent predator until it receives
11 verification from the Pennsylvania State Police that it
12 has received the registration information[.] and has
13 posted the registration information on the Internet as
14 required under section 9798.1 (relating to information
15 made available on the Internet). Verification by the
16 Pennsylvania State Police may occur by electronic means,
17 including e-mail or facsimile transmission. Where the
18 offender or sexually violent predator is scheduled to be
19 released from a State correctional facility or county
20 correctional facility because of the expiration of the
21 maximum term of incarceration, the Department of
22 Corrections or county correctional facility shall collect
23 the information from the offender or sexually violent
24 predator no later than ten days prior to the maximum
25 expiration date. The registration information shall be
26 forwarded to the Pennsylvania State Police and shall be
27 posted on the Internet as required under section 9798.1
28 prior to the maximum expiration date.
29 * * *
30 (b) Individuals convicted or sentenced by a court or
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1 adjudicated delinquent in jurisdictions outside this
2 Commonwealth or sentenced by court martial.--
3 (4) An individual who resides, is employed or is a
4 student in this Commonwealth and who has been convicted of or
5 sentenced by a court or court martialed for a sexually
6 violent offense or a similar offense under the laws of the
7 United States or one of its territories or possessions,
8 another state, the District of Columbia, the Commonwealth of
9 Puerto Rico or a foreign nation, or who was required to
10 register under a sexual offender statute in the jurisdiction
11 where convicted, sentenced or court martialed, shall register
12 at an approved registration site within 48 hours of the
13 individual's arrival in this Commonwealth. The provisions of
14 this subchapter shall apply to the individual as follows:
15 (i) If the individual has been classified as a
16 sexually violent predator as defined in section 9792
17 (relating to definitions) or determined under the laws of
18 the other jurisdiction or by reason of court martial to
19 be subject to active notification and lifetime
20 registration on the basis of a statutorily authorized
21 administrative or judicial decision or on the basis of a
22 statute or administrative rule requiring active
23 notification and lifetime registration based solely on
24 the offense for which the individual was convicted,
25 sentenced or court martialed, the individual shall,
26 notwithstanding section 9792, be considered a sexually
27 violent predator and subject to lifetime registration
28 pursuant to section 9795.1(b) [(relating to
29 registration)]. The individual shall also be subject to
30 the provisions of this section and sections 9796
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1 (relating to verification of residence), 9798 (relating
2 to other notification) and 9798.1(c)(1) [(relating to
3 information made available on the Internet)], except that
4 the individual shall not be required to receive
5 counseling unless required to do so by the other
6 jurisdiction or by reason of court martial.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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