THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SANTARSIERO, R. TAYLOR, GALLOWAY, BAKER, BELFANTI, BOBACK, BOYLE, BRENNAN, CLYMER, CONKLIN, D. COSTA, DALLY, DONATUCCI, FREEMAN, GEIST, GERBER, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARRIS, HESS, HORNAMAN, KORTZ, KOTIK, LONGIETTI, MANN, MELIO, MILNE, MURPHY, PALLONE, PASHINSKI, PETRI, RAPP, READSHAW, SIPTROTH, SOLOBAY, SONNEY, STURLA, SWANGER, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, MARCH 18, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in registration of sexual

offenders, adding definitions; further providing for

registration procedures and applicability; providing for

limited Internet access for certain sex offenders; and

further providing for duties of Pennsylvania State Police.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9792 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Authorized Internet entity."  A business, organization or

other entity providing or offering a service over the Internet

which permits persons under 18 years of age to access, meet,

congregate or communicate with other users for the purpose of

social networking. The term does not include general electronic

mail services.

* * *

"Internet access provider."  A business, organization or

other entity engaged in the business of providing a computer and

communications facility through which a customer may obtain

access to the Internet, but does not include a business,

organization or other entity to the extent that it provides only

telecommunications services.

"Internet identifiers."  Electronic mail addresses and

designations used for the purposes of chat, instant messaging,

social networking or other similar Internet communication.

* * *

Section 2.  Section 9795.2(a)(1) and (2) of Title 42 are

amended to read:

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or upon the commencement of a

sentence of intermediate punishment or probation. For

purposes of registration, offenders and sexually violent

predators shall provide the Pennsylvania State Police with

all current or intended residences, all information

concerning current or intended employment [and], all

information concerning current or intended enrollment as a

student, all of their Internet accounts with Internet access

providers and all current or intended Internet identifiers.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

for a period of time that will exceed 14 days or for an

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(v)  Any change of Internet account with an Internet

access provider of the person or any change of an

Internet identifier of the person.

* * *

Section 3.  Title 42 is amended by adding a section to read:

§ 9795.6.  Limited Internet access.

(a)  General rule.--A person subject to the registration

requirements of this subchapter who is found to have utilized

the Internet to facilitate commission of any offense referred to

in section 9795.1 (relating to registration) shall be prohibited

from using the Internet, except as set forth in this section.

(b)  Exception.--A person subject to limited Internet access

under subsection (a) may be authorized, by a parole or probation

officer or by order of court, to access the Internet for the

purpose of engaging in or seeking employment or for other

employment-related purposes.

(c)  Periodic inspection.--A person subject to limited

Internet access under subsection (a) shall be required to submit

to periodic, unannounced inspection and examination of all

computers and computer-related equipment owned or possessed by

the person, as directed by a parole or probation officer or by

order of court.

(d)  Key logging.--A person subject to limited Internet

access under subsection (a) may be required to install, at the

person's expense, one or more key logging programs or such other

hardware or software designed to monitor computer usage as the

parole or probation officer or the court shall direct.

Section 4.  Section 9799.1 of Title 42 is amended by adding

paragraphs to read:

§ 9799.1.  Duties of Pennsylvania State Police.

The Pennsylvania State Police shall:

* * *

(7)  Create and maintain a State registry of Internet

identifiers of offenders.

(8)  Work with any authorized Internet entity and release

to the Internet entity Internet identifiers that would enable

the Internet entity to prescreen or remove offenders from its

services or, in conformity with Federal and Commonwealth law,

advise law enforcement and other governmental entities of

potential violations of law and threats to public safety.

Before releasing any information, the Pennsylvania State

Police shall require an authorized Internet entity that

requests information from the registry to submit to the

Pennsylvania State Police the name, address and telephone

number of the Internet entity and the specific legal nature

and corporate status of the Internet entity. Except for the

purposes specified in this section, an authorized Internet

entity shall not publish or in any way disclose any

information provided to it by the Pennsylvania State Police

under this subchapter. The Pennsylvania State Police may

charge an authorized Internet entity a fee for access to

registered Internet identifiers requested by the Internet

entity under this subchapter. The fees shall be paid annually

or upon a requested update. Proceeds from the fees shall be

used to create and maintain the registry of Internet

identifiers of offenders. The Pennsylvania State Police shall

promulgate rules and regulations relating to procedures for

the release of information in the registry, including, but

not limited to, the disclosure of information and the

imposition of any fees.

(9)  The Pennsylvania State Police may provide a seal of

approval to those authorized Internet entities that choose to

work with the Pennsylvania State Police and monitor the

Internet identifiers of all persons subject to registration

under this subchapter.

Section 5.  The amendment or addition of 42 Pa.C.S. §§ 9792,

9795.2, 9795.6 and 9799.1 shall apply to all offenders whether

convicted before or after the effective date of this section.

Section 6.  This act shall take effect in 60 days.