PRINTER'S NO. 2389
No. 1569 Session of 2008
INTRODUCED BY ORIE, RAFFERTY, PILEGGI, O'PAKE, FONTANA,
ERICKSON, REGOLA, WAUGH, D. WHITE, WOZNIAK, WONDERLING,
MUSTO, BROWNE, WASHINGTON, STACK, BOSCOLA AND EARLL,
SEPTEMBER 18, 2008
REFERRED TO JUDICIARY, SEPTEMBER 18, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 global positioning system technology.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9798.3 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 9798.3. Global positioning system technology.
9 (a) Supervision conditions.--The Pennsylvania Board of
10 Probation and Parole and county probation authorities may impose
11 supervision conditions that include offender tracking through
12 global positioning system technology.
13 (b) Mandatory supervisory tracking.--The Pennsylvania Board
14 of Probation and Parole, a county probation or parole authority
15 or the Pennsylvania State Police shall track the following
16 individuals for the period of registration required under
17 section 9795.1 (relating to registration) when the individual
1 has been:
2 (1) determined to be a sexually violent predator as
3 provided for under this chapter;
4 (2) convicted of a sexually violent offense occurring on
5 or after first being subject to a period of registration
6 under section 9795.1; or
7 (3) convicted of violating 18 Pa.C.S. § 4915 (relating
8 to failure to comply with registration of sexual offenders
9 requirements).
10 (c) Costs.--A person tracked through electronic monitoring
11 shall bear the associated costs unless it is determined by the
12 tracking authority that such costs would result in undue
13 economic hardship to the person.
14 (d) Tampering with tracking device.--Tampering with or
15 removing a tracking device required under this section shall be
16 graded as follows:
17 (1) An individual subject to registration under 42
18 Pa.C.S. § 9795.1(a) who commits a violation of this section
19 commits a felony of the third degree.
20 (2) An individual subject to registration under 42
21 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of
22 this section commits a felony of the second degree.
23 Section 2. This act shall take effect in 60 days.
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