PRIOR PRINTER'S NO. 1046 PRINTER'S NO. 1836
No. 893 Session of 2007
INTRODUCED BY EVERETT, ADOLPH, ARGALL, BAKER, BEAR, BELFANTI,
BENNINGHOFF, BOYD, CAPPELLI, CAUSER, CIVERA, CLYMER, COX,
CUTLER, DALLY, ELLIS, FLECK, GEIST, GILLESPIE, GINGRICH,
GOODMAN, GRELL, HARHART, HARRIS, HELM, HENNESSEY, HESS,
HICKERNELL, HORNAMAN, KAUFFMAN, M. KELLER, KENNEY, KILLION,
KIRKLAND, KORTZ, KULA, MAHER, MAJOR, MANN, MARSICO, MENSCH,
MOUL, MUSTIO, O'NEILL, PEIFER, PHILLIPS, PICKETT, PYLE, RAPP,
READSHAW, REED, REICHLEY, ROAE, ROCK, SAYLOR, SCAVELLO,
SHIMKUS, SOLOBAY, SONNEY, STERN, R. STEVENSON, TRUE,
VULAKOVICH, WATSON, MURT, BASTIAN, K. SMITH, SCHRODER, BEYER,
HARPER AND SIPTROTH, MARCH 22, 2007
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 2007
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing FOR SEX <--
3 OFFENDER REGISTRATION PROCEDURES, for sentencing court
4 information AND FOR OFFENDER INFORMATION MADE AVAILABLE ON <--
5 THE INTERNET.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 9795.3 of Title 42 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 SECTION 1. SECTION 9795.2(A)(1) AND (2) OF TITLE 42 OF THE <--
11 PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED NOVEMBER 24, 2004
12 (P.L.1243, NO.152) AND NOVEMBER 29, 2006 (P.L.1567, NO.178), ARE
13 AMENDED TO READ:
14 § 9795.2. REGISTRATION PROCEDURES AND APPLICABILITY.
1 (A) REGISTRATION.--
2 (1) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL BE
3 REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UPON
4 RELEASE FROM INCARCERATION, UPON PAROLE FROM A STATE OR
5 COUNTY CORRECTIONAL INSTITUTION OR UPON THE COMMENCEMENT OF A
6 SENTENCE OF INTERMEDIATE PUNISHMENT OR PROBATION. FOR
7 PURPOSES OF REGISTRATION, OFFENDERS AND SEXUALLY VIOLENT
8 PREDATORS SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH
9 [ALL]:
10 (I) ALL CURRENT OR INTENDED RESIDENCES[, ALL].
11 (II) ALL INFORMATION CONCERNING CURRENT OR INTENDED
12 EMPLOYMENT [AND ALL].
13 (III) ALL INFORMATION CONCERNING CURRENT OR INTENDED
14 ENROLLMENT AS A STUDENT.
15 (IV) THE MAKE, MODEL, YEAR, COLOR AND REGISTRATION
16 PLATE NUMBER OF ANY MOTOR VEHICLE OWNED BY OR REGISTERED
17 TO THE OFFENDER OR SEXUALLY VIOLENT PREDATOR.
18 (2) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL
19 INFORM THE PENNSYLVANIA STATE POLICE WITHIN 48 HOURS OF:
20 (I) ANY CHANGE OF RESIDENCE OR ESTABLISHMENT OF AN
21 ADDITIONAL RESIDENCE OR RESIDENCES.
22 (II) ANY CHANGE OF EMPLOYER OR EMPLOYMENT LOCATION
23 FOR A PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN
24 AGGREGATE PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING
25 ANY CALENDAR YEAR, OR TERMINATION OF EMPLOYMENT.
26 (III) ANY CHANGE OF INSTITUTION OR LOCATION AT WHICH
27 THE PERSON IS ENROLLED AS A STUDENT, OR TERMINATION OF
28 ENROLLMENT.
29 (IV) BECOMING EMPLOYED OR ENROLLED AS A STUDENT IF
30 THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT INFORMATION
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1 TO THE PENNSYLVANIA STATE POLICE.
2 (V) ANY CHANGE OF MOTOR VEHICLE OWNERSHIP OR
3 REGISTRATION.
4 * * *
5 SECTION 2. SECTION 9795.3 OF TITLE 42 IS AMENDED TO READ:
6 § 9795.3. Sentencing court information.
7 The sentencing court shall inform offenders and sexually
8 violent predators at the time of sentencing of the provisions of
9 this subchapter. The court shall:
10 (1) Specifically inform the offender or sexually violent
11 predator of the duty to register and provide the information
12 required for each registration, including verification as
13 required in section 9796(a) (relating to verification of
14 residence).
15 (2) Specifically inform the offender or sexually violent
16 predator of the duty to inform the Pennsylvania State Police
17 within [ten days] 48 hours if the offender or sexually
18 violent predator changes residence or establishes an
19 additional residence or residences, changes employer or
20 employment location for a period of time that will exceed 14
21 days or for an aggregate period of time that will exceed 30
22 days during any calendar year or terminates employment or
23 changes institution or location at which the person is
24 enrolled as a student or terminates enrollment.
25 (2.1) Specifically inform the offender or sexually
26 violent predator of the duty to inform the Pennsylvania State
27 Police within [ten days] 48 hours of becoming employed or
28 enrolled as a student if the person has not previously
29 provided that information to the Pennsylvania State Police.
30 (3) Specifically inform the offender or sexually violent
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1 predator of the duty to register with a new law enforcement
2 agency if the offender or sexually violent predator moves to
3 another state no later than [ten days] 48 hours after
4 establishing residence in another state.
5 (4) Order the fingerprints and photograph of the
6 offender or sexually violent predator to be provided to the
7 Pennsylvania State Police upon sentencing.
8 (5) Specifically inform the offender or sexually violent
9 predator of the duty to register with the appropriate
10 authorities in any state in which the offender or sexually
11 violent predator is employed, carries on a vocation or is a
12 student if the state requires such registration.
13 (6) Require the offender or sexually violent predator to
14 read and sign a form stating that the duty to register under
15 this subchapter has been explained. Where the offender or
16 sexually violent predator is incapable of reading, the court
17 shall certify the duty to register was explained to the
18 offender or sexually violent predator and the offender or
19 sexually violent predator indicated an understanding of the
20 duty.
21 SECTION 3. SECTION 9798.1(C) OF TITLE 42, AMENDED NOVEMBER <--
22 29, 2006 (P.L.1581, NO.179), IS AMENDED TO READ:
23 § 9798.1. INFORMATION MADE AVAILABLE ON THE INTERNET.
24 * * *
25 (C) INFORMATION PERMITTED TO BE DISCLOSED REGARDING
26 INDIVIDUALS.--NOTWITHSTANDING 18 PA.C.S. CH. 91 (RELATING TO
27 CRIMINAL HISTORY RECORD INFORMATION), THE INTERNET WEBSITE SHALL
28 CONTAIN THE FOLLOWING INFORMATION ON EACH INDIVIDUAL:
29 (1) FOR SEXUALLY VIOLENT PREDATORS, THE FOLLOWING
30 INFORMATION SHALL BE POSTED ON THE INTERNET WEBSITE:
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1 (I) NAME AND ALL KNOWN ALIASES;
2 (II) YEAR OF BIRTH;
3 (III) THE STREET ADDRESS, MUNICIPALITY, COUNTY AND
4 ZIP CODE OF ALL RESIDENCES, INCLUDING, WHERE APPLICABLE,
5 THE NAME OF THE PRISON OR OTHER PLACE OF CONFINEMENT;
6 (IV) THE STREET ADDRESS, MUNICIPALITY, COUNTY, ZIP
7 CODE AND NAME OF ANY INSTITUTION OR LOCATION AT WHICH THE
8 PERSON IS ENROLLED AS A STUDENT;
9 (V) THE MUNICIPALITY, COUNTY AND ZIP CODE OF ANY
10 EMPLOYMENT LOCATION;
11 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE
12 UPDATED NOT LESS THAN ANNUALLY;
13 (VII) A PHYSICAL DESCRIPTION OF THE OFFENDER,
14 INCLUDING SEX, HEIGHT, WEIGHT, EYE COLOR, HAIR COLOR AND
15 RACE;
16 (VIII) ANY IDENTIFYING MARKS, INCLUDING SCARS,
17 BIRTHMARKS AND TATTOOS;
18 (IX) THE [LICENSE PLATE NUMBER AND DESCRIPTION OF
19 ANY VEHICLE OWNED] MAKE, MODEL, YEAR, COLOR AND
20 REGISTRATION PLATE NUMBER OF ANY MOTOR VEHICLE OWNED BY
21 OR REGISTERED TO THE OFFENDER;
22 (X) WHETHER THE OFFENDER IS CURRENTLY COMPLIANT WITH
23 REGISTRATION REQUIREMENTS;
24 (XI) WHETHER THE VICTIM IS A MINOR;
25 (XII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH
26 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND
27 (XIII) THE DATE OF THE OFFENSE AND CONVICTION, IF
28 AVAILABLE.
29 (2) FOR ALL OTHER LIFETIME REGISTRANTS AND OFFENDERS
30 SUBJECT TO REGISTRATION, THE INFORMATION SET FORTH IN
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1 PARAGRAPH (1) SHALL BE POSTED ON THE INTERNET WEBSITE.
2 * * *
3 Section 2 4. This act shall take effect immediately. <--
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