THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, SCARNATI, PILEGGI, BROWNE, BOSCOLA, PICCOLA, COSTA, STACK, FONTANA, WASHINGTON, TARTAGLIONE, ALLOWAY, YAW, KASUNIC, BAKER, MUSTO, STOUT, FOLMER, KITCHEN, WONDERLING, ERICKSON, LOGAN, PIPPY, WOZNIAK AND EICHELBERGER, FEBRUARY 20, 2009

REFERRED TO JUDICIARY, FEBRUARY 20, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

registration of certain offenders, for registration

procedures and applicability, for verification of residence

and for information made available on the Internet.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9795.1(a) of Title 42 of the Pennsylvania

Consolidated Statutes, amended October 9, 2008 (P.L.1352, No.

98), is amended and the section is amended by adding a

subsection to read:

§ 9795.1.  Registration.

(a)  [Ten-year] Periods of registration.--The following

individuals shall be required to register with the Pennsylvania

State Police for a period [of ten years] as hereafter provided:

(1)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 2901 (relating to kidnapping) where the

victim is a minor, 25 years.

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure), 15 years.

18 Pa.C.S. § 3124.2 (relating to institutional sexual

assault), 15 years, or where victim is a minor, 25 years.

18 Pa.C.S. § 3126 (relating to indecent assault)

where the offense is graded as a misdemeanor of the first

degree or higher, 15 years.

18 Pa.C.S. § 4302 (relating to incest) where the

victim is 12 years of age or older but under 18 years of

age, 15 years.

18 Pa.C.S. § 5902(b) (relating to prostitution and

related offenses) where the actor promotes the

prostitution of a minor, 25 years.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

obscene and other sexual materials and performances)

where the victim is a minor, 25 years.

18 Pa.C.S. § 6312 (relating to sexual abuse of

children), 25 years.

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor), 15 years.

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children), 25 years.

(2)  Individuals convicted of an attempt, conspiracy or

solicitation to commit any of the offenses under paragraph

(1) or subsection (b)(2), 15 years.

(3)  Individuals currently residing in this Commonwealth

who have been convicted of offenses similar to the crimes

cited in paragraphs (1) and (2) 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 under a former law of this

Commonwealth, 15 years.

* * *

(d)  Information to be included in registry.--The following

information shall be included in the registry for each person

required to register under this section:

(1)  A physical description of the person.

(2)  Social Security number.

(3)  The criminal offense.

(4)  The criminal history of the offender, including

dates of arrests and convictions and correctional or release

status.

(5)  A current photograph.

(6)  Fingerprints and palm prints.

(7)  A DNA sample.

(8)  A photocopy of a valid driver's license or ID card.

(9)  The address of each residence at which the person

does or will reside.

(10)  The name and address of each place where the person

is employed or will be employed.

(11)  The name and address of any place where the person

is or will be a student.

(12)  The license plate number and description of any

vehicle owned or operated by the person.

(13)  The name, telephone number and any aliases of the

person.

(14)  Any other information required by Federal law.

Section 2.  Sections 9795.2(a)(1) and (3) and (b)(4)(iii) and

(iv), 9796 and 9798.1 of Title 42 are amended to read:

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police

[upon] prior to release from incarceration, [upon] prior to

release on parole from a State or county correctional

institution or upon the commencement of a sentence of

intermediate punishment or probation. For purposes of

registration, offenders and sexually violent predators shall

provide the Pennsylvania State Police with [all current or

intended residences, all information concerning current or

intended employment and all information concerning current or

intended enrollment as a student.] all information required

under section 9795.1(d) (relating to registration).

* * *

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

section 9795.1(a) [(relating to registration)] shall be

tolled when an offender is recommitted for a parole violation

or sentenced to an additional term of imprisonment. In such

cases, the Department of Corrections or county correctional

facility shall notify the Pennsylvania State Police of the

admission of the offender.

* * *

(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 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:

* * *

(iii)  Except as provided in subparagraphs (i), (ii),

(iv) and (v), if the individual has been convicted or

sentenced by a court or court martialed for an offense

listed in section 9795.1(a) or an equivalent offense, the

individual shall be, notwithstanding section 9792,

considered an offender and subject to registration

pursuant to this subchapter. The individual shall also be

subject to the provisions of this section and sections

9796 and 9798.1(c)(2). The individual shall be subject to

this subchapter for a period of [ten] 15 years or for a

period of time equal to the time for which the individual

was required to register in the other jurisdiction or

required to register by reason of court martial,

whichever is greater, less any credit due to the

individual as a result of prior compliance with

registration requirements.

(iv)  Except as provided in subparagraph (i) and

notwithstanding subparagraph (v), if the individual is

subject to active notification in the other jurisdiction

or subject to active notification by reason of court

martial, the individual shall, notwithstanding section

9792, be considered an offender and subject to this

section and sections 9796, 9798 and 9798.1(c)(1). If the

individual was convicted of or sentenced in the other

jurisdiction or sentenced by court martial for an offense

listed in section 9795.1(b) or an equivalent offense, the

individual shall be subject to this subchapter for the

individual's lifetime. If the individual was convicted of

or sentenced in the other jurisdiction or sentenced by

court martial for an offense listed in section 9795.1(a)

or an equivalent offense, the individual shall be subject

to this subchapter for a period of [ten] 15 years or for

a period of time equal to the time for which the

individual was required to register in the other

jurisdiction or required to register by reason of court

martial, whichever is greater, less any credit due to the

individual as a result of prior compliance with

registration requirements. Otherwise, the individual

shall be subject to this subchapter for a period of time

equal to the time for which the individual was required

to register in the other jurisdiction or required to

register by reason of court martial, less any credit due

to the individual as a result of prior compliance with

registration requirements.

* * *

§ 9796.  Verification of residence.

(a)  [Quarterly] Monthly verification by sexually violent

predators.--The Pennsylvania State Police shall verify the

residence and compliance with counseling as provided for in

section 9799.4 (relating to counseling of sexually violent

predators) of sexually violent predators every [90] 30 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.]

(a.1)  Facilitation of [quarterly] monthly verification.--The

Pennsylvania State Police shall facilitate and administer the

verification process required by subsection (a) by:

(1)  sending a notice by first class United States mail

to all registered sexually violent predators at their last

reported residence addresses. This notice shall be sent not

more than 30 days nor less than 15 days prior to each of the

[quarterly] monthly verification periods set forth in

subsection (a) and shall remind sexually violent predators of

their [quarterly] monthly verification requirement and

provide them with a list of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site not less than

ten days before each of the [quarterly] monthly verification

periods.

(a.2)  Quarterly appearance and verification by sexually

violent predators.--Sexually violent predators shall appear in

person once each quarter 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] Semiannual verification by offenders.--[The

Pennsylvania State Police shall verify the residence of

offenders.] For the period of registration required by section

9795.1 (relating to registration), an offender shall appear

[within ten days before each annual anniversary] twice each

calendar year, at six-month intervals from the date of the

offender's initial registration under section 9795.1 at an

approved registration site to complete a verification form and

to be photographed.

(b.1)  Facilitation of [annual] semiannual verification.--The

Pennsylvania State Police shall facilitate and administer the

verification process required by subsection (b) by:

(1)  sending a notice by first class United States mail

to all registered offenders at their last reported residence

addresses. This notice shall be sent not more than 30 days

nor less than 15 days prior to each offender's annual

anniversary date and shall remind the offender of the

[annual] semiannual verification requirement and provide the

offender with a list of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site.

(b.2)  Quarterly verification of residence by offenders.--The

Pennsylvania State Police shall verify the residence of

offenders every 90 days through the use of a nonforwardable

verification form to the last reported residence.

(c)  Notification of law enforcement agencies of change of

residence.--A change of residence 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. The

Pennsylvania State Police shall, if the offender or sexually

violent predator changes residence to another state, notify the

law enforcement agency with which the offender or sexually

violent predator must register in the new state.

(d)  Failure to provide verification.--Where an offender or

sexually violent predator fails to provide verification of

residence within the ten-day period as set forth in this

section, the Pennsylvania State Police shall immediately notify

the municipal police department of the offender's or the

sexually violent predator's last verified residence. The local

municipal police shall locate the offender or sexually violent

predator and arrest him for violating this section. The

Pennsylvania State Police shall assume responsibility for

locating the offender or sexually violent predator and arresting

him in jurisdictions where no municipal police jurisdiction

exists. The Pennsylvania State Police shall assist any municipal

police department requesting assistance with locating and

arresting an offender or sexually violent predator who fails to

verify his residence.

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

section 9795.1(a) or (b) who fails to verify his residence 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).

(f)  Effect of notice.--Neither failure on the part of the

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

information under subsection (a.1) or (b.1) shall relieve that

predator or offender from the requirements of this subchapter.

§ 9798.1.  Information made available on the Internet.

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

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. 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 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.

(b)  Internet posting of sexually violent predators, lifetime

registrants and other offenders.--The Commissioner of the

Pennsylvania State Police shall, in the manner and form directed

by the Governor:

(1)  Develop and maintain a system for making the

information described in subsection (c) publicly available by

electronic means so that the public may, without limitation,

obtain access to the information via an Internet website to

view an individual record or the records of all sexually

violent predators, lifetime registrants and other offenders

who are registered with the Pennsylvania State Police.

(2)  Ensure that the Internet website contains warnings

that any person who uses the information contained therein to

threaten, intimidate or harass another or who otherwise

misuses that information may be criminally prosecuted.

(3)  Ensure that the Internet website contains an

explanation of its limitations, including statements advising

that a positive identification of a sexually violent

predator, lifetime registrant or other offender whose record

has been made available may be confirmed only by

fingerprints; that some information contained on the Internet

website may be outdated or inaccurate; and that the Internet

website is not a comprehensive listing of every person who

has ever committed a sex offense in Pennsylvania.

(4)  Strive to ensure that:

(i)  the information contained on the Internet

website is accurate;

(ii)  the data therein is revised and updated as

appropriate in a timely and efficient manner; and

(iii)  instructions are included on how to seek

correction of information which a person contends is

erroneous.

(5)  Provide on the Internet website general information

designed to inform and educate the public about sex offenders

and sexually violent predators and the operation of this

subchapter as well as pertinent and appropriate information

concerning crime prevention and personal safety, with

appropriate links to other relevant Internet websites

operated by the Commonwealth of Pennsylvania.

(6)  Identify when the victim is a minor with a special

designation. The identity of a victim of a sex offense shall

not be published or posted on the Internet website.

(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:

(i)  name and all known aliases;

(ii)  year of birth;

(iii)  the street address, municipality, county and

zip code of all residences, including, where applicable,

the name of the prison or other place of confinement;

(iv)  the street address, municipality, county, zip

code and name of any institution or location at which the

person is enrolled as a student;

(v)  the address, municipality, county and zip code

of any employment location;

(vi)  a photograph of the offender, which shall be

updated [not less than annually;] in accordance with

section 9796(a.2) and (b) (relating to verification of

residence);

(vii)  a physical description of the offender,

including sex, height, weight, eye color, hair color and

race;

(viii)  any identifying marks, including scars,

birthmarks and tattoos;

(ix)  the license plate number and description of any

vehicle owned, operated or registered to the offender;

(x)  whether the offender is currently compliant with

registration requirements;

(xi)  whether the victim is a minor;

(xii)  a description of the offense or offenses which

triggered the application of this subchapter; [and]

(xiii)  the date of the offense and conviction, if

available[.]; and

(ix)  any other information required by Federal law.

(2)  For all other lifetime registrants and offenders

subject to registration, the information set forth in

paragraph (1) shall also be posted on the Internet website in

accordance with subsection (d).

(d)  Duration of Internet posting.--

(1)  The information listed in subsection (c) about a

sexually violent predator shall be made available on the

Internet for the lifetime of the sexually violent predator.

(2)  The information listed in subsection (c) about an

offender who is subject to lifetime registration shall be

made available on the Internet for the lifetime of the

offender unless the offender is granted relief under section

9795.5 (relating to exemption from certain notifications).

(3)  The information listed in subsection (c) about any

other offender subject to registration shall be made

available on the Internet for the entire period during which

the offender is required to register, including any extension

of this period pursuant to section 9795.2(a)(3) (relating to

registration procedures and applicability).

Section 3.  This act shall take effect immediately.