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| PRIOR PRINTER'S NO. 2573 | PRINTER'S NO. 3800 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY R. TAYLOR, SAYLOR, BELFANTI, BRADFORD, BRENNAN, BRIGGS, BROOKS, CARROLL, EVERETT, GIBBONS, HARHAI, HESS, HORNAMAN, HOUGHTON, KORTZ, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MELIO, MENSCH, MOUL, MURT, O'NEILL, PALLONE, READSHAW, ROAE, ROCK, SANTARSIERO, SCAVELLO, SIPTROTH, SWANGER, VULAKOVICH AND YOUNGBLOOD, AUGUST 12, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 25, 2010 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for failure to comply with | <-- |
4 | registration of sexual offenders requirements, for | <-- |
5 | registration procedures, for verification of residence and |
6 | for victim notification. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 4915(a) of Title 18 of the Pennsylvania | <-- |
10 | Consolidated Statutes is amended to read: |
11 | § 4915. Failure to comply with registration of sexual offenders |
12 | requirements. |
13 | (a) Offense defined.--An individual who is subject to |
14 | registration under 42 Pa.C.S. [§ 9795.1(a) (relating to |
15 | registration) or an individual who is subject to registration |
16 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] § 9795.1 (relating |
17 | to registration) or 9795.2 (relating to registration procedures |
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1 | and applicability) commits an offense if he knowingly fails to: |
2 | (1) register with the Pennsylvania State Police as |
3 | required under 42 Pa.C.S. § 9795.2 (relating to registration |
4 | procedures and applicability); |
5 | (2) verify his address or be photographed as required |
6 | under 42 Pa.C.S. § 9796 (relating to verification of |
7 | residence); or |
8 | (3) provide accurate information when registering under |
9 | 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S. |
10 | § 9796. |
11 | * * * |
12 | Section 2. Section 9795.2(a)(2) of Title 42 is amended by |
13 | adding a subparagraph and the subsection is amended by adding |
14 | paragraphs to read: |
15 | § 9795.2. Registration procedures and applicability. |
16 | (a) Registration.-- |
17 | * * * |
18 | (1.1) Offenders and sexually violent predators lacking a |
19 | residence shall register with the Pennsylvania State Police |
20 | at an approved registration site within the jurisdiction of |
21 | the area where the person may be found. |
22 | (2) Offenders and sexually violent predators shall |
23 | inform the Pennsylvania State Police within 48 hours of: |
24 | * * * |
25 | (v) Ceasing to have a residence. |
26 | * * * |
27 | (5) Offenders or sexually violent predators subject to |
28 | this subchapter who lack a residence or intended residence or |
29 | who cease to have a residence shall register, update and |
30 | verify their habitual locale or locations during the day and |
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1 | night, including parks, public buildings, restaurants and |
2 | libraries they frequent. Offenders and sexually violent |
3 | predators shall register, update and verify employment and |
4 | school enrollment as required under this subchapter. The |
5 | following shall apply: |
6 | (i) Registration shall be in accordance with this |
7 | section except that in lieu of registering a residence an |
8 | offender or sexually violent predator subject to this |
9 | paragraph may register a specific description of the |
10 | place or places where the offender or sexually violent |
11 | predator may be found and any place or places where |
12 | communication with the offender or sexually violent |
13 | predator can be had. An offender or sexually violent |
14 | predator who ceases to have a residence following initial |
15 | registration shall within 48 hours register with the |
16 | Pennsylvania State Police at an approved registration |
17 | site within the jurisdiction of the area where the |
18 | offender or sexually violent predator may be found. |
19 | (ii) In order to verify and update the information |
20 | provided under subparagraph (i), offenders and sexually |
21 | violent predators shall report to the Pennsylvania State |
22 | Police at an approved registration site within the |
23 | jurisdiction of the area where they may be found. The |
24 | following shall apply: |
25 | (A) For sexually violent predators, reports |
26 | shall be made in person every seven days from the |
27 | time of registration until the time a residence is |
28 | established and reported. |
29 | (B) For offenders, reports shall be made in |
30 | person every 30 days from the time of registration |
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1 | until the time a residence is established and |
2 | reported. |
3 | (C) Reporting shall occur during normal business |
4 | hours. The registration site may require the offender |
5 | or sexually violent predator to list the locations |
6 | where the offender or sexually violent predator would |
7 | have been found during the last seven days. If the |
8 | Pennsylvania State Police determines that it is |
9 | impractical to report as provided under this |
10 | paragraph due to the unique circumstances of an |
11 | offender or a sexually violent predator lacking a |
12 | residence, the Pennsylvania State Police may |
13 | authorize the offender or sexually violent predator |
14 | to follow an alternative reporting procedure. If the |
15 | offender or sexually violent predator is under |
16 | probation or parole supervision, the Pennsylvania |
17 | State Police shall consult with the supervising |
18 | authority in establishing the specific criteria of |
19 | the alternative procedure. If the Pennsylvania State |
20 | Police determines that it would be more practical and |
21 | would further public safety to permit an offender or |
22 | sexually violent predator to report to another law |
23 | enforcement agency within the jurisdiction where the |
24 | offender or sexually violent predator would be found, |
25 | it may, after consulting with the other law |
26 | enforcement agency, include this requirement in the |
27 | alternative reporting process. In approving an |
28 | alternative reporting process, the Pennsylvania State |
29 | Police shall do all of the following: |
30 | (I) Document, in the registration record, |
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1 | the specific reasons why the in-person reporting |
2 | process would be impractical for the offender or |
3 | sexually violent predator to follow. |
4 | (II) Document how the authorized alternative |
5 | reporting procedure furthers the public safety |
6 | objectives of this subchapter. |
7 | (III) Require compliance with the in-person |
8 | reporting process if the offender or sexually |
9 | violent predator moves or relocates to a new area |
10 | where this process would be practical. |
11 | (iii) The following notification shall be in |
12 | accordance with this subchapter: |
13 | (A) Notification to local police and crime |
14 | victims. |
15 | (B) Passive notification. |
16 | Section 3. Sections 9796 and 9797(a) of Title 42 are amended |
17 | to read: |
18 | § 9796. Verification of residence, habitual locale or |
19 | locations. |
20 | (a) Quarterly verification by sexually violent predators.-- |
21 | The Pennsylvania State Police shall verify the residence or, in |
22 | the case of a sexually violent predator without a residence, the |
23 | habitual locale or locations and compliance with counseling as |
24 | provided for in section 9799.4 (relating to counseling of |
25 | sexually violent predators) of sexually violent predators every |
26 | 90 days through the use of a nonforwardable verification form to |
27 | the last reported residence, habitual locale, location or |
28 | mailing address. For the period of registration required by |
29 | section 9795.1 (relating to registration), a sexually violent |
30 | predator shall appear quarterly between January 5 and January |
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1 | 15, April 5 and April 15, July 5 and July 15 and October 5 and |
2 | October 15 of each calendar year at an approved registration |
3 | site to complete a verification form and to be photographed. |
4 | (a.1) Facilitation of quarterly verification.--The |
5 | Pennsylvania State Police shall facilitate and administer the |
6 | verification process required by subsection (a) by: |
7 | (1) sending a notice by first class United States mail |
8 | to all registered sexually violent predators at their last |
9 | reported residence addresses or, in the case of a sexually |
10 | violent predator without a residence, to the last reported |
11 | habitual locale, location or mailing address. This notice |
12 | shall be sent not more than 30 days nor less than 15 days |
13 | prior to each of the quarterly verification periods set forth |
14 | in subsection (a) and shall remind sexually violent predators |
15 | of their quarterly verification requirement and provide them |
16 | with a list of approved registration sites; and |
17 | (2) providing verification and compliance forms as |
18 | necessary to each approved registration site not less than |
19 | ten days before each of the quarterly verification periods. |
20 | (b) Annual verification by offenders.--The Pennsylvania |
21 | State Police shall verify the residence or, in the case of an |
22 | offender without a residence, the habitual locale or locations |
23 | of offenders. For the period of registration required by section |
24 | 9795.1, an offender shall appear within ten days before each |
25 | annual anniversary date of the offender's initial registration |
26 | under section 9795.1 at an approved registration site to |
27 | complete a verification form and to be photographed. |
28 | (b.1) Facilitation of annual verification.--The Pennsylvania |
29 | State Police shall facilitate and administer the verification |
30 | process required by subsection (b) by: |
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1 | (1) sending a notice by first class United States mail |
2 | to all registered offenders at their last reported residence |
3 | addresses or, in the case of an offender without a residence, |
4 | to the offender's last reported habitual locale, location or |
5 | mailing address. This notice shall be sent not more than 30 |
6 | days nor less than 15 days prior to each offender's annual |
7 | anniversary date and shall remind the offender of the annual |
8 | verification requirement and provide the offender with a list |
9 | of approved registration sites; and |
10 | (2) providing verification and compliance forms as |
11 | necessary to each approved registration site. |
12 | (c) Notification of law enforcement agencies of change of |
13 | residence, habitual locale or locations.--A change of residence |
14 | or, in the case of an offender or sexually violent predator |
15 | without a residence, a change in the habitual locale or |
16 | locations of an offender or sexually violent predator required |
17 | to register under this subchapter reported to the Pennsylvania |
18 | State Police shall be immediately reported by the Pennsylvania |
19 | State Police to the appropriate law enforcement agency having |
20 | jurisdiction of the offender's or the sexually violent |
21 | predator's new place of residence, habitual locale or locations. |
22 | The Pennsylvania State Police shall, if the offender or sexually |
23 | violent predator changes residence, habitual locale or locations |
24 | to another state, notify the law enforcement agency with which |
25 | the offender or sexually violent predator must register in the |
26 | new state. |
27 | (d) Failure to provide verification.--Where an offender or |
28 | sexually violent predator fails to provide verification of |
29 | residence or, in the case of an offender or sexually violent |
30 | predator without a residence, the habitual locale or locations |
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1 | within the ten-day period as set forth in this section, the |
2 | Pennsylvania State Police shall immediately notify the municipal |
3 | police department of the offender's or the sexually violent |
4 | predator's last verified residence, habitual locale and |
5 | locations. The local municipal police shall locate the offender |
6 | or sexually violent predator and arrest him for violating this |
7 | section. The Pennsylvania State Police shall assume |
8 | responsibility for locating the offender or sexually violent |
9 | predator and arresting him in jurisdictions where no municipal |
10 | police jurisdiction exists. The Pennsylvania State Police shall |
11 | assist any municipal police department requesting assistance |
12 | with locating and arresting an offender or sexually violent |
13 | predator who fails to verify his residence. |
14 | (e) Penalty.--An individual subject to registration under |
15 | section 9795.1(a) or (b) who fails to verify his residence or, |
16 | in the case of an offender or sexually violent predator who is |
17 | without a residence, the habitual locale or locations or to be |
18 | photographed as required by this section may be subject to |
19 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
20 | comply with registration of sexual offenders requirements). |
21 | (f) Effect of notice.--Neither failure on the part of the |
22 | Pennsylvania State Police to send nor failure of a sexually |
23 | violent predator or offender to receive any notice or |
24 | information under subsection (a.1) or (b.1) shall relieve that |
25 | predator or offender from the requirements of this subchapter. |
26 | § 9797. Victim notification. |
27 | (a) Duty to inform victim.-- |
28 | (1) Where the individual is determined to be a sexually |
29 | violent predator by a court under section 9795.4 (relating to |
30 | assessments), the local municipal police department or the |
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1 | Pennsylvania State Police where no municipal police |
2 | jurisdiction exists shall give written notice to the sexually |
3 | violent predator's victim when the sexually violent predator |
4 | registers initially and when he notifies the Pennsylvania |
5 | State Police of any change of residence or, in the case of a |
6 | sexually violent predator without a residence, any change in |
7 | habitual locale or locations. This notice shall be given |
8 | within 72 hours after the sexually violent predator registers |
9 | or notifies the Pennsylvania State Police of a change of |
10 | [address] residence, habitual locale, or locations. The |
11 | notice shall contain the sexually violent predator's name and |
12 | the address or addresses where he resides or, in the case of |
13 | a sexually violent predator without a residence, the sexually |
14 | violent predator's habitual locale or locations. |
15 | (2) A victim may terminate the duty to inform set forth |
16 | in paragraph (1) by providing the local municipal police |
17 | department or the Pennsylvania State Police where no local |
18 | municipal police department exists with a written statement |
19 | releasing that agency from the duty to comply with this |
20 | section as it pertains to that victim. |
21 | * * * |
22 | Section 4. This act shall take effect in 60 days. |
23 | Section 1. Section 4501 of Title 18 of the Pennsylvania | <-- |
24 | Consolidated Statutes is amended by adding definitions to read: |
25 | § 4501. Definitions. |
26 | Subject to additional definitions contained in subsequent |
27 | provisions of this article which are applicable to specific |
28 | chapters or other provisions of this article, the following |
29 | words and phrases, when used in this article shall have, unless |
30 | the context clearly indicates otherwise, the meanings given to |
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1 | them in this section: |
2 | * * * |
3 | "Habitual locale." As defined in 42 Pa.C.S. § 9792 (relating |
4 | to definitions). |
5 | * * * |
6 | "Registration information." As defined in 42 Pa.C.S. § 9792 |
7 | (relating to definitions). |
8 | "Sex offender registration law." As defined in 42 Pa.C.S. § |
9 | 9792 (relating to definitions). |
10 | Section 2. Section 4915(a) introductory paragraph, (2) and |
11 | (3), (b), (c) and (e)(3)(ii) of Title 18 are amended and |
12 | subsections (a) and (c) are amended by adding paragraphs to |
13 | read: |
14 | § 4915. Failure to comply with registration of sexual offenders |
15 | requirements. |
16 | (a) Offense defined.--An individual who is subject to |
17 | registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to |
18 | registration) or [an individual who is subject to registration |
19 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to |
20 | registration under former 42 Pa.C.S § 9793 (relating to |
21 | registration of certain offenders for ten years) commits an |
22 | offense if he knowingly fails to: |
23 | * * * |
24 | (2) verify his [address] registration information or be |
25 | photographed as required under 42 Pa.C.S. § 9796 (relating to |
26 | verification of [residence] registration information); [or] |
27 | (3) provide accurate information when registering, |
28 | verifying or updating registration information under 42 |
29 | Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] |
30 | 9796; or |
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1 | (4) comply with any sexual offender counseling |
2 | conditions imposed by 42 Pa.C.S. § 9799.4 (relating to |
3 | counseling of sexually violent predators) as a result of |
4 | being designated a sexually violent predator or imposed under |
5 | a sex offender registration statute following conviction in |
6 | another jurisdiction. |
7 | (b) Grading for offenders [who must register for ten years] |
8 | without lifetime registration.-- |
9 | (2) Except as set forth in paragraph (3), an individual |
10 | subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1) |
11 | or former 42 Pa.C.S. § 9793, and required to register as an |
12 | offender for a period of time less than lifetime, who commits |
13 | a violation of subsection (a)(1) or (2) commits a felony of |
14 | the third degree. |
15 | (3) An individual subject to registration under 42 |
16 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
17 | required to register as an offender for a period of time less |
18 | than lifetime, who commits a violation of subsection (a)(1) |
19 | or (2) and who has previously been convicted of an offense |
20 | under subsection (a)(1) or (2) or a similar offense commits a |
21 | felony of the second degree. |
22 | (4) An individual subject to registration under 42 |
23 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
24 | required to register as an offender for a period of time less |
25 | than lifetime, who violates subsection (a)(3) commits a |
26 | felony of the second degree. |
27 | (c) Grading for sexually violent predators and others with |
28 | lifetime registration.-- |
29 | (2) Except as set forth in paragraph (3), an individual |
30 | subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) |
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1 | or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required |
2 | to register as a sexually violent predator or as an offender |
3 | for life, who commits a violation of subsection (a)(1) or (2) |
4 | commits a felony of the second degree. |
5 | (3) An individual subject to registration under 42 |
6 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
7 | Pa.C.S. § 9793, and required to register as a sexually |
8 | violent predator or as an offender for life, who commits a |
9 | violation of subsection (a)(1) or (2) and who has previously |
10 | been convicted of an offense under subsection (a)(1) or (2) |
11 | or a similar offense commits a felony of the first degree. |
12 | (4) An individual subject to registration under 42 |
13 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
14 | Pa.C.S. § 9793, and required to register as a sexually |
15 | violent predator or as an offender for life, who violates |
16 | subsection (a)(3) commits a felony of the first degree. |
17 | (5) An individual subject to registration under 42 |
18 | Pa.C.S. § 9795.1(b) and required to register as a sexually |
19 | violent predator who violates subsection (a)(4) commits a |
20 | felony of the third degree. |
21 | * * * |
22 | (e) Arrests for violation.-- |
23 | * * * |
24 | (3) Prior to admitting an individual arrested for a |
25 | violation of this section to bail, the issuing authority |
26 | shall require all of the following: |
27 | * * * |
28 | (ii) The individual must provide the Pennsylvania |
29 | State Police with all current or intended residences, all |
30 | habitual locales, all information concerning current or |
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1 | intended employment, including all employment locations, |
2 | and all information concerning current or intended |
3 | enrollment as a student. |
4 | * * * |
5 | Section 3. The definitions of "active notification," |
6 | "approved registration site," "employed," "offender," "passive |
7 | notification," "residence" and "sexually violent predator" in |
8 | section 9792 of Title 42 are amended and the section is amended |
9 | by adding definitions to read: |
10 | § 9792. Definitions. |
11 | The following words and phrases when used in this subchapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | * * * |
15 | "Active notification." Notification pursuant to section 9798 |
16 | (relating to other notification) or any process whereby law |
17 | enforcement, pursuant to the laws of the United States or one of |
18 | its territories or possessions, another state, the District of |
19 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
20 | notifies persons in the community in which the individual |
21 | resides or has a habitual locale, including any person |
22 | identified in section 9798(b), of the residence, habitual |
23 | locale, employment or school location of the individual. |
24 | "Approved registration site" A site in this Commonwealth |
25 | approved by the Pennsylvania State Police as required by section |
26 | 9799.1(2) (relating to [duties of] Pennsylvania State Police): |
27 | (1) at which individuals subject to this subchapter may |
28 | register, verify information or be fingerprinted or |
29 | photographed as required by this subchapter; |
30 | (2) which is capable of submitting fingerprints |
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1 | utilizing the Integrated Automated Fingerprint Identification |
2 | System or in another manner and in such form as the |
3 | Pennsylvania State Police shall require; and |
4 | (3) which is capable of submitting photographs utilizing |
5 | the Commonwealth Photo Imaging Network or in another manner |
6 | and in such form as the Pennsylvania State Police shall |
7 | require. |
8 | * * * |
9 | "Employed." Includes a vocation or employment that is full- |
10 | time or part-time for a period of time exceeding [14] four days |
11 | during a seven-day period or for an aggregate period of time |
12 | exceeding [30] 14 days during any calendar year, whether |
13 | financially compensated, volunteered, pursuant to a contract or |
14 | for the purpose of government or educational benefit. |
15 | "Habitual locale." A place where a transient can be located. |
16 | The term includes locations a transient frequents during the day |
17 | and night, such as parks, public buildings, restaurants and |
18 | libraries. |
19 | * * * |
20 | "Offender." An individual required to register under section |
21 | 9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or |
22 | under former section 9793 (relating to registration of certain |
23 | offenders for ten years). The term includes an individual |
24 | considered to be an offender under section 9795.2(b) (relating |
25 | to registration procedures and applicability). |
26 | "Passive notification." Notification pursuant to section |
27 | 9798.1 (relating to information made available on the Internet) |
28 | or any process whereby persons, pursuant to the laws of the |
29 | United States or one of its territories or possessions, another |
30 | state, the District of Columbia, the Commonwealth of Puerto Rico |
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1 | or a foreign nation, are able to access information pertaining |
2 | to an individual [as a result of the individual having been |
3 | convicted or sentenced by a court for an offense similar to an |
4 | offense listed in section 9795.1 (relating to registration)] |
5 | under a sex offender registration law in that jurisdiction. The |
6 | term includes a situation in which an individual is required to |
7 | register under a sex offender registration law in the |
8 | jurisdiction where convicted, sentenced, court martialed or |
9 | adjudicated as a juvenile and where access to that registration |
10 | information is limited to law enforcement only. |
11 | * * * |
12 | "Registration information." Information required under this |
13 | subchapter to be provided to the Pennsylvania State Police by an |
14 | offender or a sexually violent predator. |
15 | "Residence." A location where an individual resides or is |
16 | domiciled or intends to be domiciled for 30 [consecutive] |
17 | cumulative days or more during a calendar year. |
18 | "Sex offender registration law." Any of the following: |
19 | (1) This subchapter. |
20 | (2) A law in another jurisdiction which requires an |
21 | individual to register with a sex offender registry following |
22 | conviction or adjudication. |
23 | * * * |
24 | "Sexually violent predator." A person who has been convicted |
25 | of a sexually violent offense as set forth in section 9795.1 |
26 | (relating to registration) and who is determined to be a |
27 | sexually violent predator under section 9795.4 (relating to |
28 | assessments) due to a mental abnormality or personality disorder |
29 | that makes the person likely to engage in predatory sexually |
30 | violent offenses. The term includes: |
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1 | (1) an individual determined to be a sexually violent |
2 | predator where the determination occurred in the United |
3 | States or one of its territories or possessions, another |
4 | state, the District of Columbia, the Commonwealth of Puerto |
5 | Rico, a foreign nation or by court martial; and |
6 | (2) an individual considered to be a sexually violent |
7 | predator under section 9795.2(b) (relating to registration |
8 | procedures and applicability). |
9 | * * * |
10 | "Transient." An individual subject to registration under |
11 | this subchapter who does not have a residence and is present in |
12 | this Commonwealth for seven or more consecutive days. The term |
13 | includes an individual considered to be a transient under |
14 | section 9795.2(a)(1) (relating to registration procedures and |
15 | applicability). |
16 | Section 4. Section 9795.1(a) introductory paragraph of Title |
17 | 42 is amended, subsection (b) is amended by adding a paragraph |
18 | and the section is amended by adding subsections to read: |
19 | § 9795.1. Registration. |
20 | (a) Ten-year registration.--[The] Except as set forth in |
21 | subsection (a.1) or (b), the following individuals shall be |
22 | required to register with the Pennsylvania State Police for a |
23 | period of ten years: |
24 | * * * |
25 | (a.1) Exception to ten-year registration.--Except as |
26 | provided under subsection (b), an individual considered to be an |
27 | offender pursuant to section 9795.2(b) (relating to registration |
28 | procedures and applicability) shall be required to register with |
29 | the Pennsylvania State Police for a period less than life, the |
30 | duration of which is to be determined under section 9795.2(b). |
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1 | (b) Lifetime registration.--The following individuals shall |
2 | be subject to lifetime registration: |
3 | * * * |
4 | (5) An individual who is considered to be a sexually |
5 | violent predator under section 9795.2(b) or who is otherwise |
6 | required to register for life under section 9795.2(b). |
7 | * * * |
8 | (d) Failure to maintain a residence.--The fact that an |
9 | individual required to register under this subchapter does not |
10 | have a residence shall not relieve the individual from the duty |
11 | to register or any other duty imposed by this subchapter. |
12 | Section 5. Section 9795.2(a)(1), (2) introductory paragraph, |
13 | (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) introductory |
14 | paragraph and (5) introductory paragraph, (c), (d) and (e) of |
15 | Title 42 are amended, subsection (a) is amended by adding a |
16 | paragraph and subsection (a)(2) is amended by adding |
17 | subparagraphs to read: |
18 | § 9795.2. Registration procedures and applicability. |
19 | (a) Registration.-- |
20 | (1) Offenders and sexually violent predators shall be |
21 | required to register with the Pennsylvania State Police upon |
22 | release from incarceration, upon parole from a Federal, State |
23 | [or], county, municipal or private correctional [institution] |
24 | facility or upon the commencement of a sentence of |
25 | intermediate punishment or probation or any other sentence of |
26 | nonconfinement. For purposes of registration, offenders and |
27 | sexually violent predators shall provide the Pennsylvania |
28 | State Police with all current or intended residences[,]; all |
29 | information concerning current or intended employment [and]; |
30 | all information concerning current or intended enrollment as |
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1 | a student[.]; and all information concerning vehicles owned |
2 | by, or registered to, the offender or sexually violent |
3 | predator. An offender or sexually violent predator who does |
4 | not have a current or intended residence shall be considered |
5 | a transient. An offender or sexually violent predator who |
6 | provides an intended residence shall be considered a |
7 | transient if the offender or sexually violent predator is not |
8 | living at the registered intended residence within seven days |
9 | following the date of release, parole or commencement of |
10 | intermediate punishment, probation or nonconfinement |
11 | sentence. |
12 | (1.1) If an offender or sexually violent predator is |
13 | required under this subchapter to register, update or verify |
14 | a residence, an offender or sexually violent predator who is |
15 | a transient shall be required to register, update or verify |
16 | his habitual locales. With respect to each habitual locale, a |
17 | transient shall be required to provide an address unless the |
18 | habitual locale has no address, in which case a transient |
19 | shall be required to provide a specific description of the |
20 | place. A transient shall also provide a place where the |
21 | transient is able to receive delivery of mail, including a |
22 | post office box or general delivery post office location. In |
23 | addition to any other duty imposed under this subchapter, |
24 | including reporting requirements under section 9796 (relating |
25 | to verification of residence), a transient shall appear every |
26 | 30 days at an approved registration site to complete the |
27 | forms designated by the Pennsylvania State Police to be used |
28 | for the purposes of complying with this subchapter, to update |
29 | or verify registration information and status as a transient |
30 | and, at the discretion of the approved registration site, to |
|
1 | be photographed. |
2 | (2) For purposes of this paragraph, offenders and |
3 | sexually violent predators shall appear at an approved |
4 | registration site to complete the form designated by the |
5 | Pennsylvania State Police to be used for purposes of |
6 | complying with this subchapter. In the case of an offender |
7 | entering or being released or transferred from a residential |
8 | reentry or correctional facility, the administrator of the |
9 | facility or his designee shall assist in completing the forms |
10 | designated by the Pennsylvania State Police to be used for |
11 | purposes of complying with this subchapter and, immediately |
12 | upon collection, forward all the forms to the Pennsylvania |
13 | State Police. Offenders and sexually violent predators shall |
14 | inform the Pennsylvania State Police within 48 hours of: |
15 | (i) Any establishment or change of residence or |
16 | establishment of an additional residence or residences. |
17 | (ii) [Any] Becoming employed or any change of |
18 | employer or employment location for a period of time that |
19 | will exceed [14] four days during a seven-day period or |
20 | for an aggregate period of time that will exceed [30] 14 |
21 | days during any calendar year, or termination of |
22 | employment. |
23 | * * * |
24 | (iv) Becoming [employed or] enrolled as a student if |
25 | the person has not previously provided that information |
26 | to the Pennsylvania State Police. |
27 | (v) Becoming a transient. |
28 | (vi) Entering, being released or transferred from a |
29 | Federal, State, county, municipal or private correctional |
30 | facility, including a residential reentry facility, due |
|
1 | to arrest, detainer, parole violation, probation |
2 | violation or sentence of incarceration, if the person's |
3 | stay exceeds 48 hours. |
4 | (vii) No longer residing, being domiciled, employed |
5 | or being enrolled as a student in this Commonwealth. |
6 | (2.1) Registration with a new law enforcement agency |
7 | shall occur no later than 48 hours after establishing |
8 | residence in another state or after moving to another state |
9 | but not establishing a residence there. |
10 | (3) The [ten-year] registration period required in |
11 | section 9795.1(a) and (a.1) (relating to registration) shall |
12 | be tolled when an offender is [recommitted for a parole |
13 | violation or sentenced to an additional term of imprisonment] |
14 | incarcerated, and all time spent in incarceration shall not |
15 | be counted toward an offender's registration period. In such |
16 | cases, the [Department of Corrections or] Federal, State, |
17 | county, municipal or private correctional facility shall |
18 | notify the Pennsylvania State Police of the admission, |
19 | release and transfer of the offender. |
20 | (4) This paragraph shall apply to all offenders and |
21 | sexually violent predators: |
22 | (i) Where the offender or sexually violent predator |
23 | was granted parole by the Pennsylvania Board of Probation |
24 | and Parole or the court or is sentenced to probation |
25 | [or], intermediate punishment or a punishment not |
26 | involving confinement, the board or county office of |
27 | probation and parole shall collect registration |
28 | information from the offender or sexually violent |
29 | predator and forward that registration information to the |
30 | Pennsylvania State Police. [The Department of Corrections |
|
1 | or county] If an offender or a sexually violent predator |
2 | is incarcerated in a Federal, State, county, municipal or |
3 | private correctional facility, including a residential |
4 | reentry facility, the correctional facility shall not |
5 | release nor transfer the offender or sexually violent |
6 | predator until it receives verification from the |
7 | Pennsylvania State Police that [it has received] the |
8 | registration information has been received. Verification |
9 | by the Pennsylvania State Police may occur by electronic |
10 | means, including e-mail or facsimile transmission. Where |
11 | the offender or sexually violent predator is scheduled to |
12 | be released from a [State correctional facility or |
13 | county] correctional facility because of the expiration |
14 | of the maximum term of incarceration, the [Department of |
15 | Corrections or county] correctional facility shall |
16 | collect the information from the offender or sexually |
17 | violent predator no later than ten days prior to the |
18 | maximum expiration date. The registration information |
19 | shall, immediately upon collection, be forwarded to the |
20 | Pennsylvania State Police. |
21 | * * * |
22 | (b) Individuals convicted or sentenced by a court or |
23 | adjudicated delinquent in jurisdictions outside this |
24 | Commonwealth or sentenced by court martial.-- |
25 | (4) An individual who [resides, is employed or is a |
26 | student] is employed, intends to be employed, is a student, |
27 | intends to be a student, resides, enters this Commonwealth |
28 | with the purpose of establishing a residence or is a |
29 | transient in this Commonwealth and who has been convicted of |
30 | or sentenced by a court or court martialed for a sexually |
|
1 | violent offense or a similar offense under the laws of the |
2 | United States or one of its territories or possessions, |
3 | another state, the District of Columbia, the Commonwealth of |
4 | Puerto Rico or a foreign nation, or who was required to |
5 | register under a sexual offender statute in the jurisdiction |
6 | where convicted, sentenced or court martialed, shall register |
7 | at an approved registration site within 48 hours of the |
8 | individual's arrival in this Commonwealth. The provisions of |
9 | this subchapter shall apply to the individual as follows: |
10 | * * * |
11 | (5) Notwithstanding the provisions of Chapter 63 |
12 | (relating to juvenile matters) and except as provided in |
13 | paragraph (4), an individual who [resides, is employed or is |
14 | a student] is employed, intends to be employed, is a student, |
15 | intends to be a student, resides, enters this Commonwealth |
16 | with the purpose of establishing a residence or is a |
17 | transient in this Commonwealth and who is required to |
18 | register as a sex offender under the laws of the United |
19 | States or one of its territories or possessions, another |
20 | state, the District of Columbia, the Commonwealth of Puerto |
21 | Rico or a foreign nation as a result of a juvenile |
22 | adjudication shall register at an approved registration site |
23 | within 48 hours of the individual's arrival in this |
24 | Commonwealth. The provisions of this subchapter shall apply |
25 | to the individual as follows: |
26 | * * * |
27 | (c) Registration information to local police.-- |
28 | (1) The Pennsylvania State Police shall provide the |
29 | information obtained under this section and sections [9795.3] |
30 | 9795.3(a) (relating to sentencing court information) and 9796 |
|
1 | (relating to verification of [residence] registration |
2 | information) to the chief law enforcement officers of the |
3 | police departments of the municipalities in which the |
4 | individual will reside, be employed or enrolled as a student. |
5 | In addition, the Pennsylvania State Police shall provide this |
6 | officer with the address at which the individual will reside, |
7 | be employed or enrolled as a student following his release |
8 | from incarceration, parole or probation. |
9 | (2) The Pennsylvania State Police shall provide notice |
10 | to the chief law enforcement officers of the police |
11 | departments of the municipalities notified pursuant to |
12 | paragraph (1) when an individual fails to comply with the |
13 | registration requirements of this section or section 9796 |
14 | and request, as appropriate, that these police departments |
15 | assist in locating and apprehending the individual. |
16 | (3) The Pennsylvania State Police shall provide notice |
17 | to the chief law enforcement officers of the police |
18 | departments of the municipalities notified pursuant to |
19 | paragraph (1) when they are in receipt of information |
20 | indicating that the individual is no longer a transient or |
21 | will no longer reside, be transient, be employed or be |
22 | enrolled as a student in the municipality. |
23 | (d) Penalty.--An individual subject to registration under |
24 | former section 9793 (relating to registration of certain |
25 | offenders for ten years) or section [9795.1(a) or (b)] 9795.1 |
26 | who fails to register or verify or update registration |
27 | information with the Pennsylvania State Police as required by |
28 | this section may be subject to prosecution under 18 Pa.C.S. § |
29 | 4915 (relating to failure to comply with registration of sexual |
30 | offenders requirements). |
|
1 | (e) Registration sites.--An individual subject to [section |
2 | 9795.1] this subchapter shall register and submit to |
3 | fingerprinting and photographing as required by this subchapter |
4 | at approved registration sites. |
5 | Section 6. Sections 9795.3 and 9796 heading, (a), (b), (c) |
6 | and (e), 9797(a)(1), 9798(a)(1), (b) and (c), 9798.1(c)(1)(v) |
7 | and 9799(1) of Title 42 are amended to read: |
8 | § 9795.3. Sentencing court information. |
9 | (a) Duty of sentencing court.--The sentencing court shall |
10 | inform offenders and sexually violent predators at the time of |
11 | sentencing of the provisions of this subchapter. The court |
12 | shall: |
13 | (1) Specifically inform the offender or sexually violent |
14 | predator of the duty to register and provide the information |
15 | required for each registration, including verification as |
16 | required in section 9796(a) (relating to verification of |
17 | [residence)] registration information). |
18 | (2) Specifically inform the offender or sexually violent |
19 | predator of the duty to inform the Pennsylvania State Police |
20 | within [ten days] 48 hours if the offender or sexually |
21 | violent predator changes or establishes a residence or |
22 | establishes an additional residence or residences, becomes a |
23 | transient, changes employer or employment location for a |
24 | period of time that will exceed [14 days] four days during |
25 | any seven-day period or for an aggregate period of time that |
26 | will exceed [30] 14 days during any calendar year or |
27 | terminates employment or changes institution or location at |
28 | which the person is enrolled as a student or terminates |
29 | enrollment. |
30 | (2.1) Specifically inform the offender or sexually |
|
1 | violent predator of the duty to inform the Pennsylvania State |
2 | Police within [ten days] 48 hours of becoming employed or |
3 | enrolled as a student if the [person] offender or sexually |
4 | violent predator has not previously provided that information |
5 | to the Pennsylvania State Police. |
6 | (2.2) Specifically inform the offender or sexually |
7 | violent predator of the duty to inform the Pennsylvania State |
8 | Police that he is a transient if the offender or sexually |
9 | violent predator does not have or fails to maintain a |
10 | residence. |
11 | (3) Specifically inform the offender or sexually violent |
12 | predator of the duty to register with a new law enforcement |
13 | agency if the offender or sexually violent predator moves to |
14 | another state no later than [ten days] 48 hours after |
15 | establishing residence in another state. |
16 | (4) Order the fingerprints and photograph of the |
17 | offender or sexually violent predator to be provided to the |
18 | Pennsylvania State Police upon sentencing. |
19 | (5) Specifically inform the offender or sexually violent |
20 | predator of the duty to register with the appropriate |
21 | authorities in any state in which the offender or sexually |
22 | violent predator is a transient, is employed, carries on a |
23 | vocation or is a student if the state requires such |
24 | registration. |
25 | (6) Require the offender or sexually violent predator to |
26 | read and sign a form stating that the duty to register under |
27 | this subchapter has been explained. Where the offender or |
28 | sexually violent predator is incapable of reading, the court |
29 | shall certify the duty to register was explained to the |
30 | offender or sexually violent predator and the offender or |
|
1 | sexually violent predator indicated an understanding of the |
2 | duty. |
3 | (b) Failure to provide.--Failure on the part of the court to |
4 | provide a sexually violent predator or offender with information |
5 | under this section shall not relieve that predator or offender |
6 | from the requirements of this subchapter. |
7 | § 9796. Verification of [residence] registration information. |
8 | (a) Quarterly verification by sexually violent predators.-- |
9 | The Pennsylvania State Police shall verify the [residence] |
10 | registration information and compliance with counseling as |
11 | provided for in section 9799.4 (relating to counseling of |
12 | sexually violent predators) of sexually violent predators every |
13 | 90 days through the use of a nonforwardable verification form to |
14 | the last reported residence. For the period of registration |
15 | required by section 9795.1 (relating to registration), a |
16 | sexually violent predator shall appear quarterly between January |
17 | 5 and January 15, April 5 and April 15, July 5 and July 15 and |
18 | October 5 and October 15 of each calendar year at an approved |
19 | registration site to complete a verification form and to be |
20 | photographed. |
21 | * * * |
22 | (b) Annual verification by offenders.--The Pennsylvania |
23 | State Police shall verify the [residence] registration |
24 | information of offenders. For the period of registration |
25 | required by section 9795.1, an offender shall appear within ten |
26 | days before each annual anniversary date of the offender's |
27 | initial registration under former section 9793 (relating to |
28 | registration of certain offenders for ten years) or section |
29 | 9795.1 at an approved registration site to complete a |
30 | verification form and to be photographed. |
|
1 | * * * |
2 | (c) Notification of law enforcement agencies of change of |
3 | residence or habitual locale.--A change of residence or habitual |
4 | locale of an offender or sexually violent predator required to |
5 | register under this subchapter reported to the Pennsylvania |
6 | State Police shall be immediately reported by the Pennsylvania |
7 | State Police to the appropriate law enforcement agency having |
8 | jurisdiction of the offender's or the sexually violent |
9 | predator's new place of residence or habitual locale. The |
10 | Pennsylvania State Police shall, if the offender or sexually |
11 | violent predator changes residence or habitual locale to another |
12 | state, notify the law enforcement agency with which the offender |
13 | or sexually violent predator must register in the new state. |
14 | * * * |
15 | (e) Penalty.--An individual subject to registration under |
16 | former section 9793 or section 9795.1(a) or (b) who fails to |
17 | verify his [residence] registration information or to be |
18 | photographed as required by this section may be subject to |
19 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
20 | comply with registration of sexual offenders requirements). |
21 | * * * |
22 | § 9797. Victim notification. |
23 | (a) Duty to inform victim.-- |
24 | (1) Where the individual is determined to be a sexually |
25 | violent predator by a court under section 9795.4 (relating to |
26 | assessments), the local municipal police department or the |
27 | Pennsylvania State Police where no municipal police |
28 | jurisdiction exists shall give written notice to the sexually |
29 | violent predator's victim when the sexually violent predator |
30 | registers initially and when he notifies the Pennsylvania |
|
1 | State Police of any change of residence or habitual locale. |
2 | This notice shall be given within 72 hours after the sexually |
3 | violent predator registers or notifies the Pennsylvania State |
4 | Police of a change of address or habitual locale. The notice |
5 | shall contain the sexually violent predator's name and the |
6 | address [or], addresses or habitual locales where he resides |
7 | or may be found. |
8 | * * * |
9 | § 9798. Other notification. |
10 | (a) Notice by municipality's chief law enforcement |
11 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
12 | Ch. 91 (relating to criminal history record information), the |
13 | chief law enforcement officer of the full-time or part-time |
14 | police department of the municipality where a sexually violent |
15 | predator lives shall be responsible for providing written notice |
16 | as required under this section. |
17 | (1) The notice shall contain: |
18 | (i) The name of the convicted sexually violent |
19 | predator. |
20 | (ii) The address or addresses at which [he] the |
21 | sexually violent predator resides. If the sexually |
22 | violent predator is a transient, written notice under |
23 | this subparagraph shall include the municipality and |
24 | county containing the transient's habitual locale. |
25 | (ii.1) The municipality, county and zip code in |
26 | which the sexually violent predator is employed. |
27 | (iii) The offense for which [he] the sexually |
28 | violent predator was convicted, sentenced by a court, |
29 | adjudicated delinquent or court martialed. |
30 | (iv) A statement that [he] the sexually violent |
|
1 | predator has been determined by court order to be a |
2 | sexually violent predator, which determination has or has |
3 | not been terminated as of a date certain. |
4 | (v) A photograph of the sexually violent predator, |
5 | if available. |
6 | * * * |
7 | (b) To whom written notice is provided.--The chief law |
8 | enforcement officer shall provide written notice, under |
9 | subsection (a), to the following persons: |
10 | (1) Neighbors of the sexually violent predator. As used |
11 | in this paragraph, where the sexually violent predator lives |
12 | in a common interest community, the term "neighbor" includes |
13 | the unit owners' association and residents of the common |
14 | interest community. As used in this paragraph, where the |
15 | sexually violent predator is a transient, the term "neighbor" |
16 | shall mean the community, and the chief law enforcement |
17 | officer shall determine the appropriate method for providing |
18 | written notice. |
19 | (2) The director of the county children and youth |
20 | service agency of the county where the sexually violent |
21 | predator resides or, if the sexually violent predator is a |
22 | transient, each county containing the transient's habitual |
23 | locale. |
24 | (3) The superintendent of each school district and the |
25 | equivalent official for private and parochial schools |
26 | enrolling students up through grade 12 in the municipality |
27 | where the sexually violent predator resides or, if the |
28 | sexually violent predator is a transient, each municipality |
29 | containing the transient's habitual locale. |
30 | (3.1) The superintendent of each school district and the |
|
1 | equivalent official for each private and parochial school |
2 | located within a one-mile radius of where the sexually |
3 | violent predator resides. |
4 | (4) The licensee of each certified day care center and |
5 | licensed preschool program and owner/operator of each |
6 | registered family day care home in the municipality where the |
7 | sexually violent predator resides or, if the sexually violent |
8 | predator is a transient, each municipality containing the |
9 | transient's habitual locale. |
10 | (5) The president of each college, university and |
11 | community college located within 1,000 feet of a sexually |
12 | violent predator's residence. |
13 | (c) Urgency of notification.--The municipal police |
14 | department's chief law enforcement officer shall provide notice |
15 | within the following time frames: |
16 | (1) To neighbors specified under subsection (b)(1), |
17 | notice shall be provided within five days after information |
18 | of the sexually violent predator's release date and residence |
19 | or habitual locale has been received by the chief law |
20 | enforcement officer. Notwithstanding the provisions of |
21 | subsections (a) and (b), verbal notification may be used if |
22 | written notification would delay meeting this time |
23 | requirement. |
24 | (2) To the persons specified in subsection (b)(2), (3), |
25 | (4) and (5), notice shall be provided within seven days after |
26 | the chief law enforcement officer receives information |
27 | regarding the sexually violent predator's release date and |
28 | residence or habitual locale. |
29 | * * * |
30 | § 9798.1. Information made available on the Internet. |
|
1 | * * * |
2 | (c) Information permitted to be disclosed regarding |
3 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
4 | criminal history record information), the Internet website shall |
5 | contain the following information on each individual: |
6 | (1) For sexually violent predators, the following |
7 | information shall be posted on the Internet website: |
8 | * * * |
9 | (v) the municipality, county and zip code of any |
10 | employment location and of any habitual locale; |
11 | * * * |
12 | § 9799. Immunity for good faith conduct. |
13 | The following entities shall be immune from liability for |
14 | good faith conduct under this subchapter: |
15 | (1) The Pennsylvania State Police [and], local law |
16 | enforcement agencies, and agents and employees of the |
17 | Pennsylvania State Police and local law enforcement agencies. |
18 | * * * |
19 | Section 7. Section 9799.1 heading, (2) and (4) of Title 42 |
20 | are amended and the section is amended by adding paragraphs to |
21 | read: |
22 | § 9799.1. [Duties of] Pennsylvania State Police. |
23 | The Pennsylvania State Police shall: |
24 | * * * |
25 | (2) In consultation with the Department of Corrections, |
26 | the Office of Attorney General, the Pennsylvania Board of |
27 | Probation and Parole and the chairman and the minority |
28 | chairman of the Judiciary Committee of the Senate and the |
29 | chairman and the minority chairman of the Judiciary Committee |
30 | of the House of Representatives, promulgate guidelines |
|
1 | necessary for the general administration of this subchapter. |
2 | These guidelines shall establish procedures to allow an |
3 | individual subject to the requirements of sections 9795.1 |
4 | (relating to registration) [and], 9796 (relating to |
5 | verification of [residence] registration information) to |
6 | fulfill these requirements at approved registration sites |
7 | throughout this Commonwealth. The Pennsylvania State Police |
8 | shall publish a list of approved registration sites in the |
9 | Pennsylvania Bulletin and provide a list of approved |
10 | registration sites in any notices sent to individuals |
11 | required to register under section 9795.1. An approved |
12 | registration site shall be capable of submitting |
13 | fingerprints, photographs and any other information required |
14 | electronically to the Pennsylvania State Police. The |
15 | Pennsylvania State Police shall require that approved |
16 | registration sites submit fingerprints utilizing the |
17 | Integrated Automated Fingerprint Identification System or in |
18 | another manner and in such form as the Pennsylvania State |
19 | Police shall require. The Pennsylvania State Police shall |
20 | require that approved registration sites submit photographs |
21 | utilizing the Commonwealth Photo Imaging Network or in |
22 | another manner and in such form as the Pennsylvania State |
23 | Police shall require. Approved registration sites shall not |
24 | be limited to sites managed by the Pennsylvania State Police |
25 | and shall include sites managed by local law enforcement |
26 | agencies that meet the criteria for approved registration |
27 | sites set forth in this paragraph. |
28 | * * * |
29 | (4) Notify, within five business days of receiving the |
30 | offender's or the sexually violent predator's registration, |
|
1 | the chief law enforcement officers of the police departments |
2 | having primary jurisdiction of the municipalities in which an |
3 | offender or sexually violent predator is a transient, |
4 | resides, is employed or enrolled as a student of the fact |
5 | that the offender or sexually violent predator has been |
6 | registered with the Pennsylvania State Police pursuant to |
7 | sections 9795.2 (relating to registration procedures and |
8 | applicability) and 9796 (relating to verification of |
9 | [residence] registration information). |
10 | * * * |
11 | (7) The Pennsylvania State Police shall have standing |
12 | and shall be a party in any of the following: |
13 | (i) A proceeding brought by an individual registered |
14 | under former section 9793 (relating to registration of |
15 | certain offenders for ten years) or section 9795.1 to be |
16 | removed from, or contesting their inclusion in, the State |
17 | registry of sexual offenders and sexually violent |
18 | predators. |
19 | (ii) A proceeding to modify a court order concerning |
20 | the terms of an individual's registration under former |
21 | section 9793 or section 9795.1. |
22 | (8) The Pennsylvania State Police may certify and send |
23 | to an authorized user, by electronic transmission or |
24 | otherwise, a certification of record or abstract of records |
25 | maintained by the Pennsylvania State Police regarding the |
26 | registration of an offender under this subchapter. |
27 | Permissible uses shall include certifications of an offenders |
28 | initial registration and verification history and history of |
29 | nonregistration or nonverification. The Pennsylvania State |
30 | Police may also certify electronically any documents |
|
1 | certified to it electronically. Authorized users shall |
2 | include State and local police, district attorneys, agents |
3 | and employees of the Pennsylvania State Police and the Office |
4 | of Attorney General and other persons or entities determined |
5 | by the Pennsylvania State Police and listed by notice in the |
6 | Pennsylvania Bulletin. In any proceeding before the courts or |
7 | administrative bodies of this Commonwealth, documents |
8 | certified by the Pennsylvania State Police under this section |
9 | and offered into evidence by an authorized user shall be |
10 | admissible into evidence. |
11 | Section 8. Sections 9799.4 and 9799.9 of Title 42 are |
12 | amended to read: |
13 | § 9799.4. Counseling of sexually violent predators. |
14 | (a) Attendance required.--For the period of registration |
15 | required by section 9795.1(b) (relating to registration), a |
16 | sexually violent predator shall be required to attend at least |
17 | monthly counseling sessions in a program approved by the board |
18 | and be financially responsible for all fees assessed from such |
19 | counseling sessions. The board shall monitor the compliance of |
20 | the sexually violent predator. |
21 | (b) Indigence.--If the sexually violent predator can prove |
22 | to the satisfaction of the court that the person's income and |
23 | support is such that the person cannot afford to pay for the |
24 | counseling sessions, that person shall still attend the |
25 | counseling sessions and the [parole office] board shall pay the |
26 | requisite fees. The court may create a standard petition for |
27 | indigence for use by sexually violent predators and the parole |
28 | office in the courts of this Commonwealth. Filing fees for the |
29 | determinations shall be waived. Upon request of the parole |
30 | office, a sexually violent predator's indigence status shall be |
|
1 | reviewed by the court and a determination shall be made by the |
2 | court whether the individual will remain eligible for funded |
3 | counseling sessions. |
4 | § 9799.9. Photographs and fingerprinting. |
5 | An individual subject to former section 9793 (relating to |
6 | registration of certain offenders for ten years) or section |
7 | 9795.1 (relating to registration) shall submit to fingerprinting |
8 | and photographing as required by this subchapter at approved |
9 | registration sites. Fingerprinting as required by this |
10 | subchapter shall, at a minimum, require submission of a full set |
11 | of fingerprints. Photographing as required by this subchapter |
12 | shall, at a minimum, require submission to photographs of the |
13 | face and any scars, marks, tattoos or other unique features of |
14 | the individual. Fingerprints and photographs obtained under this |
15 | subchapter may be maintained for use under this subchapter and |
16 | for general law enforcement purposes. |
17 | Section 9. This act shall apply to the following: |
18 | (1) All individuals required to register under 42 |
19 | Pa.C.S. Ch. 97 Subch. H on or after the effective date of |
20 | this section. |
21 | (2) All individuals required to register under 42 |
22 | Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to |
23 | the effective date of this section and whose registration has |
24 | not expired prior to the effective date of this section. |
25 | (3) All individuals taken into custody or incarcerated |
26 | on or after the effective date of this section and who, prior |
27 | to the effective date of this section, were convicted, |
28 | adjudicated or court martialed for an offense which would |
29 | have subjected the individual to register under 42 Pa.C.S. § |
30 | 9795.1 if the conviction, adjudication or court martial had |
|
1 | occurred on or after the effective date of this section, but |
2 | only if the period of registration would not have expired |
3 | prior to the effective date of this section. |
4 | Section 13. This act shall take effect as follows: |
5 | (1) The amendment or addition of 18 Pa.C.S. §§ 4501 and |
6 | 4915(a) introductory paragraph, (2), (3) and (4), (b)(2), (3) |
7 | and (4) and (c)(2), (3), (4) and (5) shall take effect in 60 |
8 | days. |
9 | (2) The remainder of this act shall take effect |
10 | immediately. |
|