SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 28, 2010   

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for registration of sexual

offenders and for sentence for failure to comply with

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registration of sexual offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4501 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 4501.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this article which are applicable to specific

chapters or other provisions of this article, the following

words and phrases, when used in this article shall have, unless

the context clearly indicates otherwise, the meanings given to

them in this section:

* * *

"Habitual locale."  As defined in 42 Pa.C.S. § 9792 (relating

to definitions).

* * *

"Registration information."  As defined in 42 Pa.C.S. § 9792

(relating to definitions).

"Sex offender registration law."  As defined in 42 Pa.C.S. §

9792 (relating to definitions).

Section 2.  Section 4915(a) introductory paragraph, (2) and

(3), (b), (c) and (e)(3)(ii) of Title 18 are amended and

subsections (a) and (c) are amended by adding paragraphs to

read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

(a)  Offense defined.--An individual who is subject to

registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to

registration) or [an individual who is subject to registration

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to

registration under former 42 Pa.C.S § 9793 (relating to

registration of certain offenders for ten years) commits an

offense if he knowingly fails to:

* * *

(2)  verify his [address] registration information or be

photographed as required under 42 Pa.C.S. § 9796 (relating to

verification of [residence] registration information); [or]

(3)  provide accurate information when registering,

verifying or updating registration information under 42

Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] 

9796; or

(4)  comply with any sexual offender counseling

conditions imposed by 42 Pa.C.S. § 9799.4 (relating to

counseling of sexually violent predators) as a result of

being designated a sexually violent predator or imposed under

a sex offender registration statute following conviction in

another jurisdiction.

(b)  Grading for offenders [who must register for ten years] 

without lifetime registration.--

(2)  Except as set forth in paragraph (3), an individual

subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1)

or former 42 Pa.C.S. § 9793, and required to register as an

offender for a period of time less than lifetime, who commits

a violation of subsection (a)(1) or (2) commits a felony of

the third degree.

(3)  An individual subject to registration under 42

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

required to register as an offender for a period of time less

than lifetime, who commits a violation of subsection (a)(1)

or (2) and who has previously been convicted of an offense

under subsection (a)(1) or (2) or a similar offense commits a

felony of the second degree.

(4)  An individual subject to registration under 42

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

required to register as an offender for a period of time less

than lifetime, who violates subsection (a)(3) commits a

felony of the second degree.

(c)  Grading for sexually violent predators and others with

lifetime registration.--

(2)  Except as set forth in paragraph (3), an individual

subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) 

or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required

to register as a sexually violent predator or as an offender

for life, who commits a violation of subsection (a)(1) or (2)

commits a felony of the second degree.

(3)  An individual subject to registration under 42

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

Pa.C.S. § 9793, and required to register as a sexually

violent predator or as an offender for life, who commits a

violation of subsection (a)(1) or (2) and who has previously

been convicted of an offense under subsection (a)(1) or (2)

or a similar offense commits a felony of the first degree.

(4)  An individual subject to registration under 42

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

Pa.C.S. § 9793, and required to register as a sexually

violent predator or as an offender for life, who violates

subsection (a)(3) commits a felony of the first degree.

(5)  An individual subject to registration under 42

Pa.C.S. § 9795.1(b) and required to register as a sexually

violent predator who violates subsection (a)(4) commits a

felony of the third degree.

* * *

(e)  Arrests for violation.--

* * *

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

* * *

(ii)  The individual must provide the Pennsylvania

State Police with all current or intended residences, all

habitual locales, all information concerning current or

intended employment, including all employment locations,

and all information concerning current or intended

enrollment as a student.

* * *

Section 2.1.  Section 9718.3(a) of Title 42 is amended to

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read:

§ 9718.3.  Sentence for failure to comply with registration of

sexual offenders.

(a)  Mandatory sentence.--Mandatory sentencing shall be as

follows:

(1)  Sentencing upon conviction for a first offense shall

be as follows:

(i)  Not less than two years for an individual who:

(A)  was subject to registration under section

9795.1(a) or (a.1) (relating to registration), former

section 9793 (relating to registration of certain

offenders for ten years) or a similar provision from

another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

or (4) (relating to failure to comply with

registration of sexual offenders requirements).

(ii)  Not less than three years for an individual

who:

(A)  was subject to registration under section

9795.1(a) or (a.1), former section 9793 or a similar

provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

(iii)  Not less than three years for an individual

who:

(A)  was subject to registration under section 

9795.1(b) or a similar provision from another

jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

or (4).

(iv)  Not less than five years for an individual who:

(A)  was subject to registration under section

9795.1(b) or a similar provision from another

jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

(2)  Sentencing upon conviction for a second or

subsequent offense shall be as follows:

(i)  Not less than five years for an individual who:

(A)  was subject to registration under section

9795.1, former section 9793 or a similar provision

from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(1) [or], (2)

or (4).

(ii)  Not less than seven years for an individual

who:

(A)  was subject to registration under section

9795.1, former section 9793 or a similar provision

from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

* * *

Section 3.  The definitions of "active notification,"

"approved registration site," "employed," "offender," "passive

notification," "residence" and "sexually violent predator" in

section 9792 of Title 42 are amended and the section 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:

* * *

"Active notification."  Notification pursuant to section 9798

(relating to other notification) or any process whereby law

enforcement, pursuant to the laws of the United States or one of

its territories or possessions, another state, the District of

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

notifies persons in the community in which the individual

resides or has a habitual locale, including any person

identified in section 9798(b), of the residence, habitual

locale, employment or school location of the individual.

"Approved registration site"  A site in this Commonwealth

approved by the Pennsylvania State Police as required by section

9799.1(2) (relating to [duties of] Pennsylvania State Police):

(1)  at which individuals subject to this subchapter may

register, verify information or be fingerprinted or

photographed as required by this subchapter;

(2)  which is capable of submitting fingerprints

utilizing the Integrated Automated Fingerprint Identification

System or in another manner and in such form as the

Pennsylvania State Police shall require; and

(3)  which is capable of submitting photographs utilizing

the Commonwealth Photo Imaging Network or in another manner

and in such form as the Pennsylvania State Police shall

require.

* * *

"Employed."  Includes a vocation or employment that is full-

time or part-time for a period of time exceeding [14] four days

during a seven-day period or for an aggregate period of time

exceeding [30] 14 days during any calendar year, whether

financially compensated, volunteered, pursuant to a contract or

for the purpose of government or educational benefit.

"Habitual locale."  A place where a transient can be located.

The term includes locations a transient frequents during the day

and night, such as parks, public buildings, restaurants and

libraries.

* * *

"Offender."  An individual required to register under section

9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or

under former section 9793 (relating to registration of certain

offenders for ten years). The term includes an individual

considered to be an offender under section 9795.2(b) (relating

to registration procedures and applicability).

"Passive notification."  Notification pursuant to section

9798.1 (relating to information made available on the Internet 

and electronic notification) or any process whereby persons,

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pursuant to the laws of the United States or one of its

territories or possessions, another state, the District of

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

are able to access information pertaining to an individual [as a

result of the individual having been convicted or sentenced by a

court for an offense similar to an offense listed in section

9795.1 (relating to registration)] under a sex offender

registration law in that jurisdiction. The term includes a

situation in which an individual is required to register under a

sex offender registration law in the jurisdiction where

convicted, sentenced, court martialed or adjudicated as a

juvenile and where access to that registration information is

limited to law enforcement only.

* * *

"Registration information."  Information required under this

subchapter to be provided to the Pennsylvania State Police by an

offender or a sexually violent predator.

"Residence."  A location where an individual resides or is

domiciled or intends to be domiciled for 30 [consecutive] 

cumulative days or more during a calendar year.

"Sex offender registration law."  Any of the following:

(1)  This subchapter.

(2)  A law in another jurisdiction which requires an

individual to register with a sex offender registry following

conviction or adjudication.

* * *

"Sexually violent predator."  A person who has been convicted

of a sexually violent offense as set forth in section 9795.1

(relating to registration) and who is determined to be a

sexually violent predator under section 9795.4 (relating to

assessments) due to a mental abnormality or personality disorder

that makes the person likely to engage in predatory sexually

violent offenses. The term includes:

(1)  an individual determined to be a sexually violent

predator where the determination occurred in the United

States or one of its territories or possessions, another

state, the District of Columbia, the Commonwealth of Puerto

Rico, a foreign nation or by court martial; and

(2)  an individual considered to be a sexually violent

predator under section 9795.2(b) (relating to registration

procedures and applicability).

* * *

"Transient."  An individual subject to registration under

this subchapter who does not have a residence and is present in

this Commonwealth for seven or more consecutive days. The term

includes an individual considered to be a transient under

section 9795.2(a)(1) (relating to registration procedures and

applicability).

Section 4.  Section 9795.1(a) introductory paragraph of Title

42 is amended, subsection (b) is amended by adding a paragraph

and the section is amended by adding subsections to read:

§ 9795.1.  Registration.

(a)  Ten-year registration.--[The] Except as set forth in

subsection (a.1) or (b), the following individuals shall be

required to register with the Pennsylvania State Police for a

period of ten years:

* * *

(a.1)  Exception to ten-year registration.--Except as

provided under subsection (b), an individual considered to be an

offender pursuant to section 9795.2(b) (relating to registration

procedures and applicability) shall be required to register with

the Pennsylvania State Police for a period less than life, the

duration of which is to be determined under section 9795.2(b).

(b)  Lifetime registration.--The following individuals shall

be subject to lifetime registration:

* * *

(5)  An individual who is considered to be a sexually

violent predator under section 9795.2(b) or who is otherwise

required to register for life under section 9795.2(b).

* * *

(d)  Failure to maintain a residence.--The fact that an

individual required to register under this subchapter does not

have a residence shall not relieve the individual from the duty

to register or any other duty imposed by this subchapter.

Section 5.  Section 9795.2(a)(1), (2) introductory paragraph,

(i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) introductory

paragraph and (5) introductory paragraph, (c), (d) and (e) of

Title 42 are amended, subsection (a) is amended by adding a

paragraph and subsection (a)(2) is amended by adding

subparagraphs 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 Federal, State

[or], county, municipal or private correctional [institution] 

facility or upon the commencement of a sentence of

intermediate punishment or probation or any other sentence of

nonconfinement. 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[.]; and all information concerning vehicles owned

by, or registered to, the offender or sexually violent

predator. An offender or sexually violent predator who does

not have a current or intended residence shall be considered

a transient. An offender or sexually violent predator who

provides an intended residence shall be considered a

transient if the offender or sexually violent predator is not

living at the registered intended residence within seven days

following the date of release, parole or commencement of

intermediate punishment, probation or nonconfinement

sentence.

(1.1)  If an offender or sexually violent predator is

required under this subchapter to register, update or verify

a residence, an offender or sexually violent predator who is

a transient shall be required to register, update or verify

his habitual locales. With respect to each habitual locale, a

transient shall be required to provide an address unless the

habitual locale has no address, in which case a transient

shall be required to provide a specific description of the

place. A transient shall also provide a place where the

transient is able to receive delivery of mail, including a

post office box or general delivery post office location. In

addition to any other duty imposed under this subchapter,

including reporting requirements under section 9796 (relating

to verification of residence), a transient shall appear every

30 days at an approved registration site to complete the

forms designated by the Pennsylvania State Police to be used

for the purposes of complying with this subchapter, to update

or verify registration information and status as a transient

and, at the discretion of the approved registration site, to

be photographed.

(2)  For purposes of this paragraph, offenders and

sexually violent predators shall appear at an approved

registration site to complete the form designated by the

Pennsylvania State Police to be used for purposes of

complying with this subchapter. In the case of an offender

entering or being released or transferred from a residential

reentry or correctional facility, the administrator of the

facility or his designee shall assist in completing the forms

designated by the Pennsylvania State Police to be used for

purposes of complying with this subchapter and, immediately

upon collection, forward all the forms to the Pennsylvania

State Police. Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any establishment or change of residence or

establishment of an additional residence or residences.

(ii)  [Any] Becoming employed or any change of

employer or employment location for a period of time that

will exceed [14] four days during a seven-day period or

for an aggregate period of time that will exceed [30] 14 

days during any calendar year, or termination of

employment.

* * *

(iv)  Becoming [employed or] enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(v)  Becoming a transient.

(vi)  Entering, being released or transferred from a

Federal, State, county, municipal or private correctional

facility, including a residential reentry facility, due

to arrest, detainer, parole violation, probation

violation or sentence of incarceration, if the person's

stay exceeds 48 hours.

(vii)  No longer residing, being domiciled, employed

or being enrolled as a student in this Commonwealth.

(2.1)  Registration with a new law enforcement agency

shall occur no later than 48 hours after establishing

residence in another state or after moving to another state

but not establishing a residence there.

(3)  The [ten-year] registration period required in

section 9795.1(a) and (a.1) (relating to registration) shall

be tolled when an offender is [recommitted for a parole

violation or sentenced to an additional term of imprisonment] 

incarcerated, and all time spent in incarceration shall not

be counted toward an offender's registration period. In such

cases, the [Department of Corrections or] Federal, State, 

county, municipal or private correctional facility shall

notify the Pennsylvania State Police of the admission,

release and transfer of the offender.

(4)  This paragraph shall apply to all offenders and

sexually violent predators:

(i)  Where the offender or sexually violent predator

was granted parole by the Pennsylvania Board of Probation

and Parole or the court or is sentenced to probation

[or], intermediate punishment or a punishment not

involving confinement, the board or county office of

probation and parole shall collect registration

information from the offender or sexually violent

predator and forward that registration information to the

Pennsylvania State Police. [The Department of Corrections

or county] If an offender or a sexually violent predator

is incarcerated in a Federal, State, county, municipal or

private correctional facility, including a residential

reentry facility, the correctional facility shall not

release nor transfer the offender or sexually violent

predator until it receives verification from the

Pennsylvania State Police that [it has received] the

registration information has been received. Verification

by the Pennsylvania State Police may occur by electronic

means, including e-mail or facsimile transmission. Where

the offender or sexually violent predator is scheduled to

be released from a [State correctional facility or

county] correctional facility because of the expiration

of the maximum term of incarceration, the [Department of

Corrections or county] correctional facility shall

collect the information from the offender or sexually

violent predator no later than ten days prior to the

maximum expiration date. The registration information

shall, immediately upon collection, be forwarded to the

Pennsylvania State Police.

* * *

(b)  Individuals convicted or sentenced by a court or

adjudicated delinquent in jurisdictions outside this

Commonwealth or sentenced by court martial.--

(4)  An individual who [resides, is employed or is a

student] is employed, intends to be employed, is a student,

intends to be a student, resides, enters this Commonwealth

with the purpose of establishing a residence or is a

transient in this Commonwealth and who has been convicted of

or sentenced by a court or court martialed for a sexually

violent offense or a similar offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation, or who was required to

register under a sexual offender statute in the jurisdiction

where convicted, sentenced or court martialed, shall register

at an approved registration site within 48 hours of the

individual's arrival in this Commonwealth. The provisions of

this subchapter shall apply to the individual as follows:

* * *

(5)  Notwithstanding the provisions of Chapter 63

(relating to juvenile matters) and except as provided in

paragraph (4), an individual who [resides, is employed or is

a student] is employed, intends to be employed, is a student,

intends to be a student, resides, enters this Commonwealth

with the purpose of establishing a residence or is a

transient in this Commonwealth and who is required to

register as a sex offender under the laws of the United

States or one of its territories or possessions, another

state, the District of Columbia, the Commonwealth of Puerto

Rico or a foreign nation as a result of a juvenile

adjudication shall register at an approved registration site

within 48 hours of the individual's arrival in this

Commonwealth. The provisions of this subchapter shall apply

to the individual as follows:

* * *

(c)  Registration information to local police.--

(1)  The Pennsylvania State Police shall provide the

information obtained under this section and sections [9795.3] 

9795.3(a) (relating to sentencing court information) and 9796

(relating to verification of [residence] registration

information) to the chief law enforcement officers of the

police departments of the municipalities in which the

individual will reside, be employed or enrolled as a student.

In addition, the Pennsylvania State Police shall provide this

officer with the address at which the individual will reside,

be employed or enrolled as a student following his release

from incarceration, parole or probation.

(2)  The Pennsylvania State Police shall provide notice

to the chief law enforcement officers of the police

departments of the municipalities notified pursuant to

paragraph (1) when an individual fails to comply with the

registration requirements of this section or section 9796 and

request, as appropriate, that these police departments assist

in locating and apprehending the individual.

(3)  The Pennsylvania State Police shall provide notice

to the chief law enforcement officers of the police

departments of the municipalities notified pursuant to

paragraph (1) when they are in receipt of information

indicating that the individual is no longer a transient or

will no longer reside, be transient, be employed or be

enrolled as a student in the municipality.

(d)  Penalty.--An individual subject to registration under

former section 9793 (relating to registration of certain

offenders for ten years) or section [9795.1(a) or (b)] 9795.1 

who fails to register or verify or update registration

information with the Pennsylvania State Police as required by

this section may be subject to prosecution under 18 Pa.C.S. §

4915 (relating to failure to comply with registration of sexual

offenders requirements).

(e)  Registration sites.--An individual subject to [section

9795.1] this subchapter shall register and submit to

fingerprinting and photographing as required by this subchapter

at approved registration sites.

Section 6.  Sections 9795.3 and 9796 heading, (a), (b), (c)

and (e), 9797(a)(1), and 9798(a)(1), (b) and (c), 9798.1(c)(1)

<--

(v) and 9799(1) of Title 42 are amended to read:

§ 9795.3.  Sentencing court information.

(a)  Duty of sentencing court.--The sentencing court shall

inform offenders and sexually violent predators at the time of

sentencing of the provisions of this subchapter. The court

shall:

(1)  Specifically inform the offender or sexually violent

predator of the duty to register and provide the information

required for each registration, including verification as

required in section 9796(a) (relating to verification of

[residence)] registration information).

(2)  Specifically inform the offender or sexually violent

predator of the duty to inform the Pennsylvania State Police

within [ten days] 48 hours if the offender or sexually

violent predator changes or establishes a residence or

establishes an additional residence or residences, becomes a

transient, changes employer or employment location for a

period of time that will exceed [14 days] four days during

any seven-day period or for an aggregate period of time that

will exceed [30] 14 days during any calendar year or

terminates employment or changes institution or location at

which the person is enrolled as a student or terminates

enrollment.

(2.1)  Specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

Police within [ten days] 48 hours of becoming employed or

enrolled as a student if the [person] offender or sexually

violent predator has not previously provided that information

to the Pennsylvania State Police.

(2.2)  Specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

Police that he is a transient if the offender or sexually

violent predator does not have or fails to maintain a

residence.

(3)  Specifically inform the offender or sexually violent

predator of the duty to register with a new law enforcement

agency if the offender or sexually violent predator moves to

another state no later than [ten days] 48 hours after

establishing residence in another state.

(4)  Order the fingerprints and photograph of the

offender or sexually violent predator to be provided to the

Pennsylvania State Police upon sentencing.

(5)  Specifically inform the offender or sexually violent

predator of the duty to register with the appropriate

authorities in any state in which the offender or sexually

violent predator is a transient, is employed, carries on a

vocation or is a student if the state requires such

registration.

(6)  Require the offender or sexually violent predator to

read and sign a form stating that the duty to register under

this subchapter has been explained. Where the offender or

sexually violent predator is incapable of reading, the court

shall certify the duty to register was explained to the

offender or sexually violent predator and the offender or

sexually violent predator indicated an understanding of the

duty.

(b)  Failure to provide.--Failure on the part of the court to

provide a sexually violent predator or offender with information

under this section shall not relieve that predator or offender

from the requirements of this subchapter.

§ 9796.  Verification of [residence] registration information.

(a)  Quarterly verification by sexually violent predators.--

The Pennsylvania State Police shall verify the [residence] 

registration information and compliance with counseling as

provided for in section 9799.4 (relating to counseling of

sexually violent predators) of sexually violent predators every

90 days through the use of a nonforwardable verification form to

the last reported residence. For the period of registration

required by section 9795.1 (relating to registration), a

sexually violent predator shall appear quarterly between January

5 and January 15, April 5 and April 15, July 5 and July 15 and

October 5 and October 15 of each calendar year at an approved

registration site to complete a verification form and to be

photographed.

* * *

(b)  Annual verification by offenders.--The Pennsylvania

State Police shall verify the [residence] registration

information of offenders. For the period of registration

required by section 9795.1, an offender shall appear within ten

days before each annual anniversary date of the offender's

initial registration under former section 9793 (relating to

registration of certain offenders for ten years) or section

9795.1 at an approved registration site to complete a

verification form and to be photographed.

* * *

(c)  Notification of law enforcement agencies of change of

residence or habitual locale.--A change of residence or habitual

locale of an offender or sexually violent predator required to

register under this subchapter reported to the Pennsylvania

State Police shall be immediately reported by the Pennsylvania

State Police to the appropriate law enforcement agency having

jurisdiction of the offender's or the sexually violent

predator's new place of residence or habitual locale. The

Pennsylvania State Police shall, if the offender or sexually

violent predator changes residence or habitual locale to another

state, notify the law enforcement agency with which the offender

or sexually violent predator must register in the new state.

* * *

(e)  Penalty.--An individual subject to registration under

former section 9793 or section 9795.1(a) or (b) who fails to

verify his [residence] registration information or to be

photographed as required by this section may be subject to

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

comply with registration of sexual offenders requirements).

* * *

§ 9797.  Victim notification.

(a)  Duty to inform victim.--

(1)  Where the individual is determined to be a sexually

violent predator by a court under section 9795.4 (relating to

assessments), the local municipal police department or the

Pennsylvania State Police where no municipal police

jurisdiction exists shall give written notice to the sexually

violent predator's victim when the sexually violent predator

registers initially and when he notifies the Pennsylvania

State Police of any change of residence or habitual locale.

This notice shall be given within 72 hours after the sexually

violent predator registers or notifies the Pennsylvania State

Police of a change of address or habitual locale. The notice

shall contain the sexually violent predator's name and the

address [or], addresses or habitual locales where he resides

or may be found.

* * *

§ 9798.  Other notification.

(a)  Notice by municipality's chief law enforcement

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

Ch. 91 (relating to criminal history record information), the

chief law enforcement officer of the full-time or part-time

police department of the municipality where a sexually violent

predator lives shall be responsible for providing written notice

as required under this section.

(1)  The notice shall contain:

(i)  The name of the convicted sexually violent

predator.

(ii)  The address or addresses at which [he] the

sexually violent predator resides. If the sexually

violent predator is a transient, written notice under

this subparagraph shall include the municipality and

county containing the transient's habitual locale.

(ii.1)  The municipality, county and zip code in

which the sexually violent predator is employed.

(iii)  The offense for which [he] the sexually

violent predator was convicted, sentenced by a court,

adjudicated delinquent or court martialed.

(iv)  A statement that [he] the sexually violent

predator has been determined by court order to be a

sexually violent predator, which determination has or has

not been terminated as of a date certain.

(v)  A photograph of the sexually violent predator,

if available.

* * *

(b)  To whom written notice is provided.--The chief law

enforcement officer shall provide written notice, under

subsection (a), to the following persons:

(1)  Neighbors of the sexually violent predator. As used

in this paragraph, where the sexually violent predator lives

in a common interest community, the term "neighbor" includes

the unit owners' association and residents of the common

interest community. As used in this paragraph, where the

sexually violent predator is a transient, the term "neighbor"

shall mean the community, and the chief law enforcement

officer shall determine the appropriate method for providing

written notice.

(2)  The director of the county children and youth

service agency of the county where the sexually violent

predator resides or, if the sexually violent predator is a

transient, each county containing the transient's habitual

locale.

(3)  The superintendent of each school district and the

equivalent official for private and parochial schools

enrolling students up through grade 12 in the municipality

where the sexually violent predator resides or, if the

sexually violent predator is a transient, each municipality

containing the transient's habitual locale.

(3.1)  The superintendent of each school district and the

equivalent official for each private and parochial school

located within a one-mile radius of where the sexually

violent predator resides.

(4)  The licensee of each certified day care center and

licensed preschool program and owner/operator of each

registered family day care home in the municipality where the

sexually violent predator resides or, if the sexually violent

predator is a transient, each municipality containing the

transient's habitual locale.

(5)  The president of each college, university and

community college located within 1,000 feet of a sexually

violent predator's residence.

(c)  Urgency of notification.--The municipal police

department's chief law enforcement officer shall provide notice

within the following time frames:

(1)  To neighbors specified under subsection (b)(1),

notice shall be provided within five days after information

of the sexually violent predator's release date and residence

or habitual locale has been received by the chief law

enforcement officer. Notwithstanding the provisions of

subsections (a) and (b), verbal notification may be used if

written notification would delay meeting this time

requirement.

(2)  To the persons specified in subsection (b)(2), (3),

(4) and (5), notice shall be provided within seven days after

the chief law enforcement officer receives information

regarding the sexually violent predator's release date and

residence or habitual locale.

* * *

Section 6.1.  Section 9798.1 heading, (a) and (c)(1)(v) and

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(vi) of Title 42 are amended, subsection (c) is amended by

adding a paragraph and the section is amended by adding a

subsection to read:

§ 9798.1.  Information made available on the Internet and

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electronic notification.

(a)  Legislative findings.--It is hereby declared to be the

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finding of the General Assembly that public safety will be

enhanced by making information about sexually violent predators,

lifetime registrants and other sex offenders available to the

public through the Internet and electronic notification.

Knowledge of whether a person is a sexually violent predator,

lifetime registrant or other sex offender could be a significant

factor in protecting oneself and one's family members, or those

in care of a group or community organization, from recidivist

acts by sexually violent predators, lifetime registrants and

other sex offenders. The technology afforded by the Internet and

other electronic notification would make this information

readily accessible to parents and private entities, enabling

them to undertake appropriate remedial precautions to prevent or

avoid placing potential victims at risk. Public access to

information about sexually violent predators, lifetime

registrants and other sex offenders is intended solely as a

means of public protection and shall not be construed as

punitive.

* * *

(c)  Information permitted to be disclosed regarding

individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

criminal history record information), the Internet website shall

contain the following information on each individual:

(1)  For sexually violent predators, the following

information shall be posted on the Internet website:

* * *

(v)  the municipality, county and zip code of any

employment location and, in the case of a transient, of

any habitual locale;

* * *

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(vi)  [a photograph] multiple frontal view color

<--

photographs of the offender, which shall be updated not

less than annually, the specific date each photograph was

taken and, for comparative purposes, the most current and

the most recent previously posted frontal photographs

taken of the offender;

* * *

(3)  If an offender fails to appear for his required

annual registration information verification or a sexually

violent predator fails to appear for his required quarterly

registration information verification, the Internet website

shall include:

(i)  A statement prominently displayed on the

offender or sexually violent predator's Internet website

listing indicating that the offender or predator is not

current with the registration information verification

requirements of this chapter.

(ii)  If applicable, a prominent notice indicating

that the offender or sexually violent predator has

absconded.

* * *

(e)  Electronic notification option.--Notwithstanding 18

Pa.C.S. Ch. 91 (relating to criminal history record

information), the Pennsylvania State Police shall develop and

implement a process which allows members of the public to

receive electronic notification when any registered offender

moves into or out of a user-designated location.

Section 6.2.  Section 9799(1) of Title 42 is amended to read:

§ 9799.  Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

(1)  The Pennsylvania State Police [and], local law

enforcement agencies, and agents and employees of the

Pennsylvania State Police and local law enforcement agencies.

* * *

Section 7.  Section 9799.1 heading, (2) and (4) of Title 42

are amended and the section is amended by adding paragraphs to

read:

§ 9799.1.  [Duties of] Pennsylvania State Police.

The Pennsylvania State Police shall:

* * *

(2)  In consultation with the Department of Corrections,

the Office of Attorney General, the Pennsylvania Board of

Probation and Parole and the chairman and the minority

chairman of the Judiciary Committee of the Senate and the

chairman and the minority chairman of the Judiciary Committee

of the House of Representatives, promulgate guidelines

necessary for the general administration of this subchapter.

These guidelines shall establish procedures to allow an

individual subject to the requirements of sections 9795.1

(relating to registration) [and], 9796 (relating to

verification of [residence] registration information) to

fulfill these requirements at approved registration sites

throughout this Commonwealth. The Pennsylvania State Police

shall publish a list of approved registration sites in the

Pennsylvania Bulletin and provide a list of approved

registration sites in any notices sent to individuals

required to register under section 9795.1. An approved

registration site shall be capable of submitting

fingerprints, photographs and any other information required

electronically to the Pennsylvania State Police. The

Pennsylvania State Police shall require that approved

registration sites submit fingerprints utilizing the

Integrated Automated Fingerprint Identification System or in

another manner and in such form as the Pennsylvania State

Police shall require. The Pennsylvania State Police shall

require that approved registration sites submit photographs

utilizing the Commonwealth Photo Imaging Network or in

another manner and in such form as the Pennsylvania State

Police shall require. Approved registration sites shall not

be limited to sites managed by the Pennsylvania State Police

and shall include sites managed by local law enforcement

agencies that meet the criteria for approved registration

sites set forth in this paragraph.

* * *

(4)  Notify, within five business days of receiving the

offender's or the sexually violent predator's registration,

the chief law enforcement officers of the police departments

having primary jurisdiction of the municipalities in which an

offender or sexually violent predator is a transient, 

resides, is employed or enrolled as a student of the fact

that the offender or sexually violent predator has been

registered with the Pennsylvania State Police pursuant to

sections 9795.2 (relating to registration procedures and

applicability) and 9796 (relating to verification of

[residence] registration information).

* * *

(7)  The Pennsylvania State Police shall have standing

and shall be a party in any of the following:

(i)  A proceeding brought by an individual registered

under former section 9793 (relating to registration of

certain offenders for ten years) or section 9795.1 to be

removed from, or contesting their inclusion in, the State

registry of sexual offenders and sexually violent

predators.

(ii)  A proceeding to modify a court order concerning

the terms of an individual's registration under former

section 9793 or section 9795.1.

(8)  The Pennsylvania State Police may certify and send

to an authorized user, by electronic transmission or

otherwise, a certification of record or abstract of records

maintained by the Pennsylvania State Police regarding the

registration of an offender under this subchapter.

Permissible uses shall include certifications of an offenders

initial registration and verification history and history of

nonregistration or nonverification. The Pennsylvania State

Police may also certify electronically any documents

certified to it electronically. Authorized users shall

include State and local police, district attorneys, agents

and employees of the Pennsylvania State Police and the Office

of Attorney General and other persons or entities determined

by the Pennsylvania State Police and listed by notice in the

Pennsylvania Bulletin. In any proceeding before the courts or

administrative bodies of this Commonwealth, documents

certified by the Pennsylvania State Police under this section

and offered into evidence by an authorized user shall be

admissible into evidence.

Section 8.  Sections 9799.4 and 9799.9 of Title 42 are

amended to read:

§ 9799.4.  Counseling of sexually violent predators.

(a)  Attendance required.--For the period of registration

required by section 9795.1(b) (relating to registration), a

sexually violent predator shall be required to attend at least

monthly counseling sessions in a program approved by the board

and be financially responsible for all fees assessed from such

counseling sessions. The board shall monitor the compliance of

the sexually violent predator.

(b)  Indigence.--If the sexually violent predator can prove

to the satisfaction of the court that the person's income and

support is such that the person cannot afford to pay for the

counseling sessions, that person shall still attend the

counseling sessions and the [parole office] Pennsylvania Board 

of Probation and Parole shall pay the requisite fees. The court

may create a standard petition for indigence for use by sexually

violent predators and the Pennsylvania Board of Probation and

Parole in the courts of this Commonwealth. Filing fees for the

determinations shall be waived. Upon request of the Pennsylvania

Board of Probation and Parole, a sexually violent predator's

indigence status shall be reviewed by the court and a

determination shall be made by the court whether the individual

will remain eligible for funded counseling sessions.

§ 9799.9.  Photographs and fingerprinting.

An individual subject to former section 9793 (relating to

registration of certain offenders for ten years) or section

9795.1 (relating to registration) shall submit to fingerprinting

and photographing as required by this subchapter at approved

registration sites. Fingerprinting as required by this

subchapter shall, at a minimum, require submission of a full set

of fingerprints. Photographing as required by this subchapter

shall, at a minimum, require submission to photographs of the

face and any scars, marks, tattoos or other unique features of

the individual. Fingerprints and photographs obtained under this

subchapter may be maintained for use under this subchapter and

for general law enforcement purposes.

Section 9.  This act shall apply to the following:

(1)  All individuals required to register under 42

Pa.C.S. Ch. 97 Subch. H on or after the effective date of

this section.

(2)  All individuals required to register under 42

Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to

the effective date of this section and whose registration has

not expired prior to the effective date of this section.

Section 13.  This act shall take effect as follows:

(1)  The amendment or addition of 18 Pa.C.S. §§ 4501 and

4915(a) introductory paragraph, (2), (3) and (4), (b)(2), (3)

and (4) and (c)(2), (3), (4) and (5) and 42 Pa.C.S. §

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9798.1(c)(1)(vi) shall take effect in 60 days.

(2)  The amendment or addition of 42 Pa.C.S. § 9798.1(c)

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(1)(v) § 9798.1 heading, (a), (c)(1)(v) and (3) and (e) shall

<--

take effect in 180 days.

(3)  The amendment of 42 Pa.C.S. § 9798.1(c)(1)(vi) shall

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take effect in one year.

(4)  The addition of 42 Pa.C.S. § 9798.1(e) shall take

effect January 1, 2011.

 (3) (5)  The remainder of this act shall take effect

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immediately.