PRINTER'S NO. 866
No. 771 Session of 2007
INTRODUCED BY ORIE, RAFFERTY, PICCOLA, REGOLA, PILEGGI, LOGAN, FOLMER, STACK, KITCHEN, PIPPY, BROWNE, SCARNATI AND RHOADES, APRIL 20, 2007
REFERRED TO JUDICIARY, APRIL 20, 2007
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, further providing for sentencing for rape and for 4 involuntary deviate sexual intercourse; providing for the 5 offense of loitering and prowling by sexual offenders; and 6 further providing for the use of global positioning system 7 technology. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Sections 3121(e) and 3123(d) of Title 18 of the 11 Pennsylvania Consolidated Statutes are amended and the sections 12 are amended by adding subsections to read: 13 § 3121. Rape. 14 * * * 15 (e) Sentences.--Notwithstanding the provisions of section 16 1103 (relating to sentence of imprisonment for felony), except 17 as set forth in subsection (f), a person convicted of an offense 18 under: 19 (1) Subsection (c) shall be sentenced to a term of 20 imprisonment which shall be fixed by the court at not less
1 than 25 years nor more than [40] 50 years. 2 (2) Subsection (d) shall be sentenced [up] to a minimum 3 term of 50 years and a maximum term of life imprisonment. 4 (f) Multiple victims.--A consecutive term of imprisonment 5 shall be imposed for each victim of an offense under subsection 6 (c) or (d). 7 § 3123. Involuntary deviate sexual intercourse. 8 * * * 9 (d) Sentences.--Notwithstanding the provisions of section 10 1103 (relating to sentence of imprisonment for felony), a person 11 convicted of an offense under: 12 (1) Subsection (b) shall be sentenced to a term of 13 imprisonment which shall be fixed by the court at not less 14 than 25 years nor more than [40] 50 years. 15 (2) Subsection (c) shall be sentenced [up] to a minimum 16 term of 50 years and to a maximum term of life imprisonment. 17 (d.1) Multiple victims.--A consecutive term of imprisonment 18 shall be imposed for each victim of an offense under subsection 19 (b) or (c). 20 * * * 21 Section 2. Title 18 is amended by adding a section to read: 22 § 5506.1. Loitering and prowling by sexual offenders. 23 A person subject to registration under 42 Pa.C.S. § 9795.1 24 (relating to registration) and who intentionally loiters or 25 maliciously prowls within 1,000 feet of a school, playground, 26 school bus stop or day-care center when children are present 27 commits a misdemeanor of the third degree. 28 Section 3. Section 9798.3 of Title 42, added November 29, 29 2006 (P.L.1567, No.178), is amended to read: 30 § 9798.3. Global positioning system technology. 20070S0771B0866 - 2 -
1 (a) General rule.--The Pennsylvania Board of Probation and 2 Parole and county probation authorities may impose supervision 3 conditions that include offender tracking through global 4 positioning system technology (GPS). 5 (b) Construction.--Nothing in this title shall be construed 6 to prohibit law enforcement and State and county probation and 7 parole officials from working with local governments to use GPS 8 technology to create child protective zones and predator alert 9 systems which would be activated when an offender illegally 10 removes a GPS monitoring device or enters a zone established 11 around schools, day-care centers, playgrounds and bus stops. 12 Section 4. This act shall take effect in 60 days. D5L18JS/20070S0771B0866 - 3 -