THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HICKERNELL, CIVERA, CLYMER, D. COSTA, GIBBONS, GINGRICH, GOODMAN, GROVE, GRUCELA, HARRIS, HENNESSEY, MELIO, MUSTIO, PHILLIPS, SCAVELLO, SIPTROTH, SOLOBAY, SONNEY, STERN, TRUE AND VULAKOVICH, MARCH 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for limitations

on residence of individuals convicted of certain offenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

Section 9795.6.  Limitations on residence of individuals

convicted of certain offenses.

(a)  General rule.--No adult or unrelated juvenile offender

subject to the registration requirements of section 9795.1

(relating to registration) shall establish a residence or other

living accommodation in a residence where another offender

resides who is also required to register pursuant to section

9795.1.

(b)  Violation.--The owner, lessor or lessee of the property

who knowingly or intentionally permits a violation of subsection

(a) commits a summary offense and shall be fined $2,500 for each

violation. Notwithstanding any other provision of law to the

contrary, all fines collected under this subsection shall be

paid to the Commonwealth for deposit into the Megan’s Law Fund,

which is established as a restricted receipt account in the

General Fund. Moneys in the fund are appropriated to the

Pennsylvania State Police to be used exclusively for purposes of

its Megan’s Law section. All earnings received from the

investment or deposit of money in the fund shall be paid into

the fund for the purposes of this subsection, and those fees

once collected shall be distributed to the Megan’s Law section

of the Pennsylvania State Police.

(c)  Exceptions.--The following apply:

(1)  The owner, lessor or lessee of the property shall

not be in violation of subsection (a) if the offender is the

spouse or child of the owner, lessor or lessee or if the

spouse or child is the owner, lessor or lessee of the

property.

(2)  The owner or lessor of the property is not in

violation where the application for a lease or the lease

itself provides a signed statement by the lessee that the

lessee is not a convicted sex offender.

(d)  Definition.--As used in this section, the term

"residence" means a home or place where individuals are living

together in a single dwelling unit with common access to and

common use of living, sleeping, housekeeping accommodations and

sanitary facilities.

Section 2.  This act shall take effect in 60 days.