THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, CALTAGIRONE, BAKER, BARRAR, BOYD, B. BOYLE, CHRISTIANA, DeLUCA, DePASQUALE, EVERETT, FABRIZIO, GABLER, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KILLION, KOTIK, LONGIETTI, MATZIE, MILLER, OBERLANDER, PAYNE, PICKETT, PYLE, QUINN, READSHAW, SACCONE, SAYLOR, SCAVELLO, K. SMITH, SONNEY, STEPHENS, STEVENSON, STURLA, SWANGER, TOEPEL, VULAKOVICH, WATSON, YOUNGBLOOD, BOBACK, KORTZ, REICHLEY, HESS, HELM AND CAUSER, JANUARY 19, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentence for failure to comply with registration of sexual

offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9718.3(a) of Title 42 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to 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 section 9795.1(a) (relating

to registration) or a similar provision from another

jurisdiction or former section 9793 (relating to

registration of certain offenders for ten years); and

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

(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 section 9795.1(a) or a

similar provision from another jurisdiction or former

section 9793; and

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

(iii)  Not less than three years for an individual

who:

(A)  was subject to section 9795.1(b) or a

similar provision from another jurisdiction; and

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

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

(A)  was subject to 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 section 9795.1 or a similar

provision from another jurisdiction or former section

9793; and

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

(ii)  Not less than seven years for an individual

who:

(A)  was subject to section 9795.1 or a similar

provision from another jurisdiction or former section

9793; and

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

(a.1)  Transients and mandatory sentence.--Mandatory

sentencing shall be as follows for an individual subject to

registration as a transient under section 9796.1 (relating to

registration of transients):

(1)  Sentencing upon conviction for a first offense shall

be not less than two years for an individual who:

(i)  was subject to section 9796.1 or a similar

provision from another jurisdiction; and

(ii)  violated 18 Pa.C.S. § 4915(a.1).

(2)  Sentencing upon conviction for a second or

subsequent offense shall be not less than five years for an

individual who:

(i)  was subject to section 9796.1 or a similar

provision from another jurisdiction; and

(ii)  violated 18 Pa.C.S. § 4915(a.1).

* * *

Section 2.  The amendment or addition of 42 Pa.C.S. §

9718.3(a) and (a.1) shall apply to individuals convicted after

the effective date of this section.

Section 3.  This act shall take effect in 60 days.