PRINTER'S NO. 2427
No. 1803 Session of 2007
INTRODUCED BY R. TAYLOR, M. SMITH, BARRAR, BELFANTI, BIANCUCCI,
BOBACK, BRENNAN, CLYMER, CONKLIN, DePASQUALE, EVERETT,
GIBBONS, GOODMAN, GRUCELA, HARKINS, HESS, HORNAMAN, KING,
KOTIK, LEACH, MAHONEY, MANN, McCALL, McGEEHAN,
McILVAINE SMITH, MELIO, MOUL, MOYER, READSHAW, ROAE,
SABATINA, SAYLOR, SCAVELLO, SHAPIRO, SIPTROTH, SOLOBAY,
SONNEY, STABACK, STEIL, VULAKOVICH, WANSACZ AND YOUNGBLOOD,
SEPTEMBER 11, 2007
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 11, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for the offense of sexually violent
4 predators residing or working near schools; further providing
5 for, in registration of sexual offenders, legislative
6 findings and declaration of policy, for registration, for
7 sentencing court information and for verification of
8 residence; imposing limitations on residence for sexually
9 violent predators; providing for electronic monitoring; and
10 further providing for duties of Pennsylvania State Police and
11 Pennsylvania Board of Probation and Parole.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Title 18 of the Pennsylvania Consolidated
15 Statutes is amended by adding a section to read:
16 § 5518. Sexually violent predators residing or working near
17 schools.
18 (a) Offense defined.--A person who is a sexually violent
19 predator and establishes a residence or place of employment in
1 violation of 42 Pa.C.S. § 9796.1 (relating to limitations on
2 sexually violent predators) commits an offense under this
3 section.
4 (b) Grading.--
5 (1) A person who violates subsection (a) commits a
6 misdemeanor of the second degree.
7 (2) A person who violates subsection (a) and has
8 previously been convicted of an offense under subsection (a)
9 or a similar offense commits a misdemeanor of the first
10 degree.
11 (3) A person who violates subsection (a) and has
12 previously been convicted of two or more offenses under
13 subsection (a) or a similar offense commits a felony of the
14 third degree.
15 (c) Arrests for violation.--
16 (1) A police officer shall have the same right of arrest
17 without a warrant as in a felony whenever the police officer
18 has probable cause to believe a person has committed a
19 violation of this section regardless of whether the violation
20 occurred in the presence of the police officer.
21 (2) A person arrested for a violation of this section
22 shall be afforded a preliminary arraignment by the proper
23 issuing authority without unnecessary delay. In no case may
24 the person be released from custody without first having
25 appeared before the issuing authority.
26 (3) Prior to admitting a person arrested for a violation
27 of this section to bail, the issuing authority shall require
28 all of the following:
29 (i) The person shall be fingerprinted and
30 photographed in the manner required by 42 Pa.C.S. Ch. 97
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1 Subch. H (relating to registration of sexual offenders).
2 (ii) The person shall provide the Pennsylvania State
3 Police with all current or intended residences, all
4 information concerning current or intended employment,
5 including all employment locations and all information
6 concerning current or intended enrollment as a student.
7 (iii) Law enforcement officers shall make reasonable
8 attempts to verify the information provided by the
9 person.
10 (d) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Sexually violent predator." This term shall have the same
14 meaning given to it under 42 Pa.C.S. § 9792 (relating to
15 definitions).
16 "Similar offense." An offense under the laws of this
17 Commonwealth, the United States or one of its territories or
18 possessions, another state, the District of Columbia, the
19 Commonwealth of Puerto Rico or a foreign nation that is similar
20 to the offense defined under subsection (a).
21 Section 2. Sections 9791(a), 9795.1(a) and 9795.3 of Title
22 42 are amended by adding paragraphs to read:
23 § 9791. Legislative findings and declaration of policy.
24 (a) Legislative findings.--It is hereby determined and
25 declared as a matter of legislative finding:
26 * * *
27 (7) Young children are highly vulnerable when walking to
28 and from elementary school.
29 (8) The Commonwealth has a compelling State interest in
30 protecting young children from sexually violent predators.
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1 (9) In order to further the compelling State interest to
2 protect children from sexually violent predators, it is
3 necessary for the Commonwealth to limit contact between
4 children and sexually violent predators by prohibiting
5 sexually violent predators from establishing a residence or
6 place of employment within walking distance of an elementary
7 school.
8 * * *
9 § 9795.1. Registration.
10 (a) Ten-year registration.--The following individuals shall
11 be required to register with the Pennsylvania State Police for a
12 period of ten years:
13 (1) Individuals convicted of any of the following
14 offenses:
15 18 Pa.C.S. § 2901 (relating to kidnapping) where the
16 victim is a minor.
17 18 Pa.C.S. § 2910 (relating to luring a child into a
18 motor vehicle or structure).
19 18 Pa.C.S. § 3124.2 (relating to institutional sexual
20 assault).
21 18 Pa.C.S. § 3126 (relating to indecent assault)
22 where the offense is graded as a misdemeanor of the first
23 degree or higher.
24 18 Pa.C.S. § 4302 (relating to incest) where the
25 victim is 12 years of age or older but under 18 years of
26 age.
27 18 Pa.C.S. § 5902(b) (relating to prostitution and
28 related offenses) where the actor promotes the
29 prostitution of a minor.
30 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
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1 obscene and other sexual materials and performances)
2 where the victim is a minor.
3 18 Pa.C.S. § 6312 (relating to sexual abuse of
4 children).
5 18 Pa.C.S. § 6318 (relating to unlawful contact with
6 minor).
7 18 Pa.C.S. § 6320 (relating to sexual exploitation of
8 children).
9 (2) Individuals convicted of an attempt to commit any of
10 the offenses under paragraph (1) or subsection (b)(2).
11 (2.1) Individuals convicted of solicitation to commit
12 any of the offenses under paragraph (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.
19 * * *
20 § 9795.3. Sentencing court information.
21 The sentencing court shall inform offenders and sexually
22 violent predators at the time of sentencing of the provisions of
23 this subchapter. The court shall:
24 * * *
25 (7) Specifically inform the sexually violent predator
26 concerning the limitations on residence and place of
27 employment imposed by section 9796.1 (relating to limitations
28 on sexually violent predators).
29 (8) Require the sexually violent predator to read and
30 sign a form stating that the limitations on residence and
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1 place of employment for sexually violent predators under
2 section 9796.1 have been explained. Where the sexually
3 violent predator is incapable of reading, the court shall
4 certify that the limitations on residence and place of
5 employment were explained to the sexually violent predator
6 and the sexually violent predator indicated an understanding
7 of the limitations on residence and place of employment.
8 Section 3. Section 9796(a) and (c) of Title 42, amended
9 November 24, 2004 (P.L.1243, No.152), are amended and the
10 section is amended by adding a subsection to read:
11 § 9796. Verification of residence.
12 (a) Quarterly verification by sexually violent predators.--
13 The Pennsylvania State Police shall verify the residence [and],
14 compliance with counseling as provided for in section 9799.4
15 (relating to counseling of sexually violent predators) and
16 compliance with limitations on residence imposed by section
17 9796.1 (relating to limitations on sexually violent predators)
18 of sexually violent predators every 90 days through the use of a
19 nonforwardable verification form to the last reported residence.
20 For the period of registration required by section 9795.1
21 (relating to registration), a sexually violent predator shall
22 appear quarterly between January 5 and January 15, April 5 and
23 April 15, July 5 and July 15 and October 5 and October 15 of
24 each calendar year at an approved registration site to complete
25 a verification form and to be photographed.
26 * * *
27 (a.2) Additional random verification by sexually violent
28 predators.--In addition to the quarterly verification, the
29 Pennsylvania State Police shall randomly verify the residence
30 and compliance with counseling as provided for in section 9799.4
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1 of sexually violent predators twice each year through the use of
2 a nonforwardable verification form to the last reported
3 residence. For the period of registration required by section
4 9795.1, a sexually violent predator shall appear at an approved
5 registration site to complete a verification form and to be
6 photographed within ten days of each random verification.
7 * * *
8 (c) Notification of law enforcement agencies of change of
9 residence.--A change of residence of an offender or sexually
10 violent predator required to register under this subchapter
11 reported to the Pennsylvania State Police shall be immediately
12 reported by the Pennsylvania State Police to the appropriate law
13 enforcement agency having jurisdiction of the offender's or the
14 sexually violent predator's new place of residence. The law
15 enforcement agency having jurisdiction of the sexually violent
16 predator's new place of residence shall verify compliance with
17 limitations on residence imposed by section 9796.1. The
18 Pennsylvania State Police shall, if the offender or sexually
19 violent predator changes residence to another state, notify the
20 law enforcement agency with which the offender or sexually
21 violent predator must register in the new state.
22 * * *
23 Section 4. Title 42 is amended by adding a section to read:
24 § 9796.1. Limitations on sexually violent predators.
25 (a) Proximity to schools.--
26 (1) A sexually violent predator who committed any
27 offense specified in § 9795.1 (relating to registration)
28 against a victim who was under 13 years of age at the time of
29 the offense may not establish a residence within a 2,500-foot
30 radius of any public, private or parochial school that offers
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1 instruction on any level from kindergarten through elementary
2 school or any licensed day-care center, public park or public
3 swimming pool.
4 (2) Nothing in this section shall be construed:
5 (i) To require a sexually violent predator to sell
6 or otherwise dispose of any real estate or home acquired
7 or owned prior to the determination that the individual
8 is a sexually violent predator.
9 (ii) To require any sexually violent predator to
10 vacate any real estate or home leased prior to the
11 determination that the individual is a sexually violent
12 predator prior to the expiration of the lease term,
13 excluding any right of renewal
14 (b) Penalties.--A sexually violent predator who violates the
15 limitations on residence imposed by this section may be subject
16 to prosecution under 18 Pa.C.S. § 5518 (relating to sexually
17 violent predators residing or working near schools).
18 (c) Notification by law enforcement agency.--
19 (1) Within 30 days after the effective date of this
20 section, the law enforcement agency having jurisdiction of a
21 sexually violent predator's place of residence and place of
22 employment shall deliver a statement to any sexually violent
23 predator not currently incarcerated concerning the
24 limitations on residence and place of employment imposed by
25 this section.
26 (2) In the presence of the officer, the sexually violent
27 predator shall read and sign a form stating that the
28 limitations on residence and place of employment imposed by
29 this section have been explained. Where the sexually violent
30 predator is incapable of reading, the officer shall certify
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1 that the limitations on residence were explained to the
2 sexually violent predator and the sexually violent predator
3 indicated an understanding of the limitations on residence
4 and place of employment.
5 (d) Notification upon registration.--
6 (1) A person collecting the information required under
7 section 9795.2 (relating to registration procedures and
8 applicability) shall provide the sexually violent predator
9 with a statement concerning the limitations on residence and
10 place of employment imposed by this section. In the presence
11 of the person collecting the information, the sexually
12 violent predator shall read and sign a form stating that the
13 limitations on residence and place of employment imposed by
14 this section have been explained. Where the sexually violent
15 predator is incapable of reading, the person shall certify
16 that the limitations on residence and place of employment
17 were explained to the sexually violent predator and the
18 sexually violent predator indicated an understanding of the
19 limitations on residence and place of employment.
20 (2) If the person collecting the information is not a
21 member or employee of the Pennsylvania State Police, that
22 person shall forward the form to the Pennsylvania State
23 Police.
24 (e) Waiver for cause.--A sexually violent predator may, for
25 good cause, petition the court for a waiver from the limitations
26 on establishing a residence or place of employment in this
27 section. Good cause shall include, but not be limited to,
28 medical necessity or a determination by the court that
29 transportation provided by the school is sufficient to protect
30 the safety of children. An order under this subsection
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1 permitting a waiver may include additional restrictions intended
2 to limit the sexually violent predator's contact with children
3 walking to and from an elementary school.
4 Section 5. Section 9798.3 of Title 42, added November 29,
5 2006 (P.L.1567, No.178), is amended to read:
6 § 9798.3. [Global positioning system technology.] Electronic
7 monitoring.
8 [The Pennsylvania Board of Probation and Parole and county
9 probation authorities may impose supervision conditions that
10 include offender tracking through global positioning system
11 technology.]
12 (a) General rule.--A person who has been convicted of a
13 sexual offense against a victim who is a minor shall be required
14 to have electronic monitoring for the remainder of the person's
15 probation or supervised release, wearing at all times a
16 location-transmitting device, including, but not limited to, an
17 ankle bracelet.
18 (b) Costs.--A person required to have electronic monitoring
19 under this section shall bear the associate costs unless it is
20 determined that such costs would result in an undue economic
21 hardship to the person.
22 Section 6. Sections 9799.1 and 9799.2 of Title 42 are
23 amended by adding paragraphs to read:
24 § 9799.1. Duties of Pennsylvania State Police.
25 The Pennsylvania State Police shall:
26 * * *
27 (7) Develop the statements and forms to provide
28 notification of limitations on residence and place of
29 employment for sexually violent predators under section
30 9796.1 (relating to limitations on sexually violent
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1 predators).
2 § 9799.2. Duties of Pennsylvania Board of Probation and Parole.
3 The Pennsylvania Board of Probation and Parole shall:
4 * * *
5 (5) Create a notification form which will inform State
6 and county prison and probation and parole personnel how to
7 inform sexually violent predators about the limitations on
8 residence and place of employment set forth under section
9 9796.1 (relating to limitations on sexually violent
10 predators).
11 (6) Allow the district attorney in a county where a
12 sexual predator will move after being paroled to speak at the
13 parole hearing.
14 Section 7. If any provision of this act or the application
15 thereof to any person or circumstance is held invalid, the
16 remainder of the act, and the application of such provision to
17 other persons or circumstances, shall not be affected thereby.
18 Section 8. This act shall take effect in 60 days.
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