THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, CALTAGIRONE, STEPHENS, DePASQUALE, S. H. SMITH, TURZAI, SAYLOR, MAJOR, VEREB, ADOLPH, STEVENSON, REED, MANN, AUMENT, BAKER, BARBIN, BENNINGHOFF, BISHOP, BOBACK, BOYD, B. BOYLE, BRADFORD, BRIGGS, BROOKS, R. BROWN, CARROLL, CAUSER, CHRISTIANA, CLYMER, D. COSTA, CREIGHTON, CUTLER, DAVIS, DAY, DEASY, DELOZIER, DENLINGER, DiGIROLAMO, DONATUCCI, ELLIS, EMRICK, EVANKOVICH, J. EVANS, EVERETT, FABRIZIO, GABLER, GEIST, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HACKETT, HAHN, HARHART, HARKINS, HARPER, HARRIS, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, F. KELLER, M. K. KELLER, KILLION, KNOWLES, KORTZ, KRIEGER, KULA, LONGIETTI, MARSHALL, METCALFE, MICCARELLI, MICOZZIE, MILLARD, MILLER, MILNE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PARKER, PASHINSKI, PERRY, PETRARCA, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REESE, REICHLEY, ROCK, SABATINA, SACCONE, SAINATO, SANTARSIERO, SANTONI, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, SWANGER, TAYLOR, TOEPEL, TOOHIL, VULAKOVICH AND WATSON, NOVEMBER 2, 2011

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 2, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

Relations), 42 (Judiciary and Judicial Procedure), 44 (Law

and Justice) and 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, extensively revising provisions

relating to registration of sexual offenders pursuant to

Federal mandate; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3130(a) introductory paragraph and (1)

and (b), 3141 and 4915 of Title 18 of the Pennsylvania

Consolidated Statutes are amended to read:

§ 3130.  Conduct relating to sex offenders.

(a)  Offense defined.--A person commits a felony of the third

degree if the person has reason to believe that a sex offender

is not complying with or has not complied with the requirements

of the sex offender's probation or parole, imposed by statute or

court order, or with the registration requirements of 42 Pa.C.S.

[§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H (relating to registration of

sexual offenders), and the person, with the intent to assist the

sex offender in eluding a law enforcement agent or agency that

is seeking to find the sex offender to question the sex offender

about, or to arrest the sex offender for, noncompliance with the

requirements of the sex offender's probation or parole or the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H:

(1)  withholds information from or does not notify the

law enforcement agent or agency about the sex offender's

noncompliance with the requirements of parole, the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if

known, the sex offender's whereabouts;

* * *

(b)  Definition.--As used in this section, the term "sex

offender" means a person who is required to register with the

Pennsylvania State Police pursuant to the provisions of 42

Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H.

§ 3141.  General rule.

A person:

(1)  convicted under section 3121 (relating to rape),

3122.1 (relating to statutory sexual assault), 3123 (relating

to involuntary deviate sexual intercourse), 3124.1 (relating

to sexual assault), 3125 (relating to aggravated indecent

assault) or 3126 (relating to indecent assault); or

(2)  required to register with the Pennsylvania State

Police under 42 Pa.C.S. [§ 9795.2 (relating to registration

procedures and applicability)] Ch. 97 Subch. H (relating to

registration of sexual offenders);

may be required to forfeit property rights in any property or

assets used to implement or facilitate commission of the crime

or crimes of which the person has been convicted. Such property

may include, but is not limited to, a computer or computers,

telephone equipment, firearms, licit or illicit prescription

drugs or controlled substances, a motor vehicle or such other

property or assets as determined by the court of common pleas to

have facilitated the person's criminal misconduct.

§ 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) (relating to

registration) or an individual who is subject to registration

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] 9799.13 (relating

to applicability) commits an offense if he knowingly fails to:

(1)  register with the Pennsylvania State Police as

required under 42 Pa.C.S. § [9795.2 (relating to registration

procedures and applicability)] 9799.15 (relating to period of

registration), 9799.19 (relating to initial registration) or

9799.25 (relating to verification by sexual offenders and

Pennsylvania State Police);

(2)  verify his address or be photographed as required

under 42 Pa.C.S. § [9796 (relating to verification of

residence)] 9799.15, 9799.19 or 9799.25; or

(3)  provide accurate information when registering under

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

§ 9796] 9799.15, 9799.19 or 9799.25.

(a.1)  Transients.--An individual set forth in 42 Pa.C.S. § 

9799.13 who is a transient commits an offense if he knowingly

fails to:

(1)  register with the Pennsylvania State Police as

required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating

to registry) and 9799.25(a)(7);

(2)  verify the information provided in 42 Pa.C.S. §§

9799.15 and 9799.16(b)(6) or be photographed as required

under 42 Pa.C.S. § 9799.15 or 9799.25;

(3)  provide accurate information when registering under

42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25.

(a.2)  Counseling.--The following apply:

(1)  An individual who is designated as a sexually

violent predator commits an offense if he knowingly fails to

comply with 42 Pa.C.S. § 9799.36 (relating to counseling of

sexually violent predators).

(2)  An individual who is subject to a counseling

requirement under a sex offender registration statute

following conviction in another jurisdiction commits an

offense if he knowingly fails to comply with 42 Pa.C.S. §

9799.36.

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

offenders who must register for 15 years.--

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

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

9799.13 and required to register for a period of 15 years 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)] 9799.13 and required to register for a

period of 15 years 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)] 9799.13 and required to register for a

period of 15 years who violates subsection (a)(3) commits a

felony of the second degree.

(c)  Grading for [sexually violent predators and others with

lifetime registration] sexual offenders who must register for 25

years or life.--

(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)] 9799.13 and required to register for a period of 25

years 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)] 9799.13 and required to

register for a period of 25 years 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)] 9799.13 and required to

register for a period of 25 years who violates subsection (a)

(3) commits a felony of the first degree.

(c.1)  Grading for sexual offenders who are transients who

must register for 15 years.--

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

subject to registration under 42 Pa.C.S. § 9799.13 who is a

transient who must register for 15 years commits a felony of

the third degree if the individual violates subsection (a.1)

(1), (2) or (3).

(2)  An individual subject to registration under 42

Pa.C.S. § 9799.13 who is a transient who must register for a

period of 15 years commits a felony of the second degree if

the individual violates subsection (a.1)(1), (2) or (3) and

has been previously convicted of an offense under subsection

(a.1)(1), (2) or (3) or a similar offense.

(c.2)  Grading for sexual offenders who are transients who

must register for 25 years or life.--

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

subject to registration under 42 Pa.C.S. § 9799.13 who is a

transient who must register for a period of 25 years or life

commits a felony of the second degree if the individual

violates subsection (a.1)(1), (2) or (3).

(2)  An individual subject to registration under 42

Pa.C.S. § 9799.13 who is a transient who must register for a

period of 25 years or life commits a felony of the first

degree if the individual violates subsection (a.1)(1), (2) or

(3) and has been previously convicted of an offense under

subsection (a.1)(1), (2) or (3) or a similar offense.

(c.3)  Grading for failure to comply with counseling

requirements.--An individual designated as a sexually violent

predator or an individual who is subject to a counseling

requirement under a sex offender registration statute following

conviction in another jurisdiction commits a misdemeanor of the

first degree if the individual violates subsection (a.2).

(d)  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 pursuant to 42 Pa.C.S. § [9796(a.1) or (b.1)]

9799.25 shall be a defense to a prosecution commenced against an

individual arising from a violation of this section. The

provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.25 are not

an element of an offense under this section.

(e)  Arrests for violation.--

(1)  A police officer shall have the same right of arrest

without a warrant as in a felony whenever the police officer

has probable cause to believe an individual has committed a

violation of this section regardless of whether the violation

occurred in the presence of the police officer.

(2)  An individual arrested for a violation of this

section shall be afforded a preliminary arraignment by the

proper issuing authority without unnecessary delay. In no

case may the individual be released from custody without

first having appeared before the issuing authority.

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

(i)  The individual must be fingerprinted and

photographed in the manner required by 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders).

(ii)  The individual must provide the Pennsylvania

State Police with all current or intended residences, all

information concerning current or intended employment,

including all employment locations, and all information

concerning current or intended enrollment as a student.

This subparagraph includes an individual who is a

transient, in which case the individual must, in addition

to other information required under this subparagraph,

provide the information set forth in 42 Pa.C.S. § 

9799.16(b)(6).

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

(f)  [Definition.--As used in this section, the term "a

similar offense" means an] Definitions.--As used in this

section, the following words and phrases shall have the meanings

given to them in this subsection unless the context clearly

indicates otherwise:

"Sexually violent predator."  The term shall have the

meaning given to it in 42 Pa.C.S. § 9799.12 (relating to

definitions).

"Similar offense."  An offense similar to an offense

under either subsection (a)(1) or (2) under the laws of this

Commonwealth, [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.] another  

jurisdiction or a foreign country or a military offense, as

defined in 42 Pa.C.S. § 9799.12 (relating to definitions).

"Transient."  The term shall have the meaning given to it

in 42 Pa.C.S. § 9799.12 (relating to definitions).

Section 2.  Section 6707(2)(ii) of Title 23 is amended to

read:

§ 6707.  Agency use of designated address.

State and local government agencies shall accept the

substitute address designated on a valid program participation

card issued to the program participant by the Office of Victim

Advocate as the program participant's address except as follows:

* * *

(2)  when the program participant is any of the

following:

* * *

(ii)  a convicted sexual offender who has fulfilled

the offender's sentence but must register the offender's

community residence as required under 42 Pa.C.S. [§§

9795.1 (relating to registration) and 9795.2 (relating to

registration procedures and applicability)] Ch. 97 Subch.

H (relating to registration of sexual offenders) or any

similar registration requirement imposed by any other

jurisdiction.

Section 3.  Sections 6358(b), 6403(a)(2), (b)(3) and (d) and

6404 of Title 42 are amended to read:

§ 6358.  Assessment of delinquent children by the State Sexual

Offenders Assessment Board.

* * *

(b)  Duty of probation officer.--Ninety days prior to the

20th birthday of the child, the probation officer shall have the

duty to notify the board of the status of the delinquent child

and the institution or other facility where the child is

presently committed. The probation officer shall assist the

board in obtaining access to the child and any information

required by the board to perform the assessment, including, but

not limited to, the child's official court record and complete

juvenile probation file.

* * *

§ 6403.  Court-ordered involuntary treatment.

(a)  Persons subject to involuntary treatment.--A person may

be subject to court-ordered commitment for involuntary treatment

under this chapter if the person:

* * *

(2)  Has been committed to an institution or other

facility pursuant to section 6352 (relating to disposition of

delinquent child) and remains in [the] any such institution

or [other] facility upon attaining 20 years of age.

* * *

(b)  Procedures for initiating court-ordered involuntary

commitment.--

* * *

(3)  The court shall set a date for the hearing which

shall be held within 30 days of the filing of the petition

pursuant to paragraph (1) and direct the person to appear for

the hearing. A copy of the petition and notice of the hearing

date shall be served on the person, the attorney who

represented the person at the most recent dispositional

review hearing pursuant to section 6358(e) and the county

solicitor or a designee. A copy of the petition, the

assessment and notice of the hearing date shall also be

provided to the director of the facility operated by the

department pursuant to section 6406(a) (relating to duty of

Department of Public Welfare). The person and the attorney

who represented the person shall, along with copies of the

petition, also be provided with written notice advising that

the person has the right to counsel and that, if he cannot

afford one, counsel shall be appointed for the person.

* * *

(d)  Determination and order.--Upon a finding by clear and

convincing evidence that the person has a mental abnormality or

personality disorder which results in serious difficulty in

controlling sexually violent behavior that makes the person

likely to engage in an act of sexual violence, an order shall be

entered directing the immediate commitment of the person for

[inpatient] involuntary inpatient treatment to a facility

designated by the department. The order shall be in writing and

shall be consistent with the protection of the public safety and

the appropriate control, care and treatment of the person. An

appeal shall not stay the execution of the order. If the court

does not order the person to be committed for involuntary

inpatient treatment by the department, the court shall order the

director of the facility operated by the department pursuant to

section 6406(a) to destroy the facility's copy of the petition

and the assessment.

§ 6404.  Duration of inpatient commitment and review.

(a)  Initial period of commitment.--The person shall be

subject to a period of commitment for inpatient treatment for

one year.

(b)  Annual review.--

(1)  Sixty days prior to the expiration of the one-year

commitment period, the director of the facility or a designee

shall submit an evaluation and the board shall submit an

assessment of the person to the court.

(2)  The court shall schedule a review hearing which

shall be conducted pursuant to section 6403(c) (relating to

court-ordered involuntary treatment) and which shall be held

no later than 30 days after receipt of both the evaluation

and the assessment under paragraph (1). Notice of the review

hearing shall be provided to the person, the attorney who

represented the person at the previous hearing held pursuant

to this subsection or section 6403, the district attorney and

the county solicitor or a designee. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person. If the court determines by clear and convincing

evidence that the person continues to have serious difficulty

controlling sexually violent behavior in an inpatient setting 

due to a mental abnormality or personality disorder that

makes the person likely to engage in an act of sexual

violence, the court shall order an additional period of

involuntary inpatient treatment of one year; otherwise, the

court shall order the [discharge of] department, in

consultation with the board, to develop an outpatient

treatment plan for the person. The order shall be in writing

and shall be consistent with the protection of the public

safety and appropriate control, care and treatment of the

person.

(c)  [Discharge] Outpatient treatment plan.--

(1)  If at any time the director or a designee of the

facility to which the person was committed concludes the

person no longer has serious difficulty in controlling

sexually violent behavior in an inpatient setting, the

director shall petition the court for a hearing. Notice of

the petition shall be given to the person, the attorney who

represented the person at the previous hearing held pursuant

to subsection (b) or section 6403, the board, the district

attorney and the county solicitor. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person.

(2)  Upon receipt of notice under paragraph (1), the

board shall conduct a new assessment within 30 days and

provide that assessment to the court.

(3)  Within 15 days after the receipt of the assessment

from the board, the court shall hold a hearing pursuant to

section 6403(c). If the court determines by clear and

convincing evidence that the person continues to have serious

difficulty controlling sexually violent behavior in an

inpatient setting due to a mental abnormality or personality

disorder that makes the person likely to engage in an act of

sexual violence, the court shall order that the person be

subject to the remainder of the period of inpatient 

commitment. Otherwise, the court shall order the [discharge

of] department, in consultation with the board, to develop an

outpatient treatment plan for the person.

(4)  The department shall provide the person with notice

of the person's right to petition the court for [discharge] 

transfer to involuntary outpatient treatment over the

objection of the department. The court, after review of the

petition, may schedule a hearing pursuant to section 6403(c).

(5)  An outpatient treatment plan shall be in writing and

shall identify the specific entity that will provide each

clinical and support service identified in the plan.

(6)  The department shall provide a copy of the

outpatient treatment plan to the court, the person, the

attorney who represented the person at the most recent

hearing pursuant to section 6403, the board, the district

attorney, and the county solicitor or a designee.

(d)  Prohibition on discharge.--The court shall not order

discharge from involuntary treatment until the person has

completed involuntary outpatient treatment pursuant to section

6404.2 (relating to duration of outpatient commitment and

review).

Section 4.  Title 42 is amended by adding sections to read:

§ 6404.1.  Transfer to involuntary outpatient treatment.

The court may approve or disapprove an outpatient treatment

plan. Upon approval of an outpatient treatment plan, the court

shall order transfer of the person to involuntary outpatient

treatment pursuant to section 6404.2 (relating to duration of

outpatient commitment and review).

§ 6404.2.  Duration of outpatient commitment and review.

(a)  Terms and conditions.--If a court has ordered the

transfer of the person to involuntary outpatient treatment

pursuant to section 6404.1 (relating to transfer to involuntary

outpatient treatment), the court may in its discretion specify

the terms and conditions of the outpatient commitment,

including, but not limited to:

(1)  Absolute compliance with the outpatient treatment

plan.

(2)  Restrictions and requirements regarding the location

of the person's residence and the times the person must be

physically present.

(3)  Restrictions and requirements regarding areas the

person is not permitted to visit.

(4)  Restrictions and requirements regarding who the

person may contact in any medium.

(5)  Periodic polygraph tests.

(b)  Duration.--The court shall order involuntary outpatient

treatment for a period of one year.

(c)  Status reports.--An involuntary outpatient treatment

provider shall submit a report on the person's status and

clinical progress, on a form prescribed by the department, to

the facility operated by the department pursuant to section

6406(a) (relating to duty of Department of Public Welfare), not

less than every 30 days.

(d)  Failure to comply.--If an involuntary outpatient

treatment provider becomes aware that the person has violated

any provision of the treatment plan or any term or condition

specified pursuant to subsection (a), the provider shall

immediately notify the facility operated by the department

pursuant to section 6406(a). The facility shall notify the court

by the close of the next business day.

(e)  Revocation of transfer.--Upon receiving notice pursuant

to subsection (d) that the person has violated a term or

condition of transfer specified pursuant to subsection (a), the

court may in its discretion revoke the transfer to involuntary

outpatient treatment and order the immediate return to

involuntary inpatient treatment without a prior hearing. The

court may issue a warrant requiring any law enforcement officer

or any person authorized by the court to take the person into

custody and return the person to involuntary inpatient

treatment. The person may file a written request for a hearing

after revocation of the transfer to involuntary treatment. The

court shall conduct a hearing pursuant to section 6403(c)

(relating to court-ordered involuntary treatment) within ten

days of filing of the request.

(f)  Annual review.--

(1)  Sixty days prior to the expiration of the one-year

outpatient commitment period, the director of the facility or

a designee shall submit an evaluation, and the board shall

submit an assessment of the person to the court.

(2)  The court shall schedule a review hearing which

shall be conducted pursuant to section 6403(c) and which

shall be held no later than 30 days after receipt of both the

evaluation and the assessment under paragraph (1). Notice of

the review hearing shall be provided to the person, the

attorney who represented the person at the previous hearing

held pursuant to section 6403, the district attorney and the

county solicitor or a designee. The person and the person's

attorney shall also be provided with written notice advising

that the person has the right to counsel and that, if the

person cannot afford one, counsel shall be appointed for the

person. If the court determines by clear and convincing

evidence that the person has serious difficulty controlling

sexually violent behavior due to a mental abnormality or

personality disorder that makes the person likely to engage

in an act of sexual violence, the court shall order an

additional period of involuntary inpatient or outpatient

treatment of one year; otherwise the court shall order the

discharge of the person. The order shall be in writing and

shall be consistent with the protection of the public safety

and appropriate control, care and treatment of the person.

(g)  Discharge.--

(1)  If at any time the director or a designee of the

facility operated by the department pursuant to section

6406(a) concludes the person no longer has serious difficulty

in controlling sexually violent behavior, the director shall

petition the court for a hearing. Notice of the petition

shall be given to the person, the attorney who represented

the person at the previous hearing held pursuant to section

6403, the board, the district attorney and the county

solicitor. The person and the person's attorney shall also be

provided with written notice advising that the person has the

right to counsel and that, if the person cannot afford one,

counsel shall be appointed for the person.

(2)  Upon receipt of notice under paragraph (1), the

board shall conduct a new assessment within 30 days and

provide that assessment to the court.

(3)  Within 15 days after the petition has been filed,

the court shall hold a hearing pursuant to section 6403(c).

If the court determines the person no longer has serious

difficulty controlling sexually violent behavior, the court

shall order the discharge of the person. If the court denies

the petition, the person shall be subject to the remainder of

the period of outpatient commitment.

(h)  Notice.--The involuntary outpatient treatment provider

shall provide the person with notice of the person's right to

petition the court for discharge. The court, after review of the

petition, may schedule a hearing pursuant to section 6403(c).

Section 5.  Sections 6406(a), 6409, 9718.1(a) introductory

paragraph and (b)(2) and 9718.2(a) and (d) of Title 42 are

amended to read:

§ 6406.  Duty of Department of Public Welfare.

(a)  General rule.--The department shall have the duty to

provide a separate, secure State-owned facility or unit utilized

solely for the control, care and treatment of persons committed

pursuant to this chapter. The department shall be responsible

for all costs relating to the control, care and treatment of

persons committed to [custody] involuntary treatment pursuant to

this chapter.

* * *

§ 6409.  Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

(1)  Members of the board and its agents and employees.

(2)  The department and its agents and employees.

(3)  County probation departments and their agents and

employees.

(4)  Providers of involuntary outpatient treatment and

their agents and employees.

§ 9718.1.  Sexual offender treatment.

(a)  General rule.--A person, including an offender

designated as a "sexually violent predator" as defined in

section [9792] 9799.12 (relating to definitions), shall attend

and participate in a Department of Corrections program of

counseling or therapy designed for incarcerated sex offenders if

the person is incarcerated in a State institution for any of the

following provisions under 18 Pa.C.S. (relating to crimes and

offenses):

* * *

(b)  Eligibility for parole.--For an offender required to

participate in the program under subsection (a), all of the

following apply:

* * *

(2)  Notwithstanding paragraph (1)(iii), an offender who

is a sexually violent predator is subject to section [9799.4]

9799.36 (relating to counseling of sexually violent

predators).

* * *

§ 9718.2.  Sentences for [sex] sexual offenders.

(a)  Mandatory sentence.--

(1)  Any person who is convicted in any court of this

Commonwealth of an offense set forth in section [9795.1(a) or

(b) (relating to registration)] 9799.14 (relating to sexual

offenses and tier system) shall, if at the time of the

commission of the current offense the person had previously

been convicted of an offense set forth in section [9795.1(a)

or (b)] 9799.14 or an equivalent crime under the laws of this

Commonwealth in effect at the time of the commission of that

offense or an equivalent crime in another jurisdiction, be

sentenced to a minimum sentence of at least 25 years of total

confinement, notwithstanding any other provision of this

title or other statute to the contrary. Upon such conviction,

the court shall give the person oral and written notice of

the penalties under paragraph (2) for a third conviction.

Failure to provide such notice shall not render the offender

ineligible to be sentenced under paragraph (2).

(2)  Where the person had at the time of the commission

of the current offense previously been convicted of two or

more offenses arising from separate criminal transactions set

forth in section [9795.1(a) or (b)] 9799.14 or equivalent

crimes under the laws of this Commonwealth in effect at the

time of the commission of the offense or equivalent crimes in

another jurisdiction, the person shall be sentenced to a term

of life imprisonment, notwithstanding any other provision of

this title or other statute to the contrary. Proof that the

offender received notice of or otherwise knew or should have

known of the penalties under this paragraph shall not be

required.

 * * *

(d)  Authority of court in sentencing.--[Notice of the

application of this section shall be provided to the defendant

before trial.] If the notice is given, there shall be no

authority in any court to impose on an offender to which this

section is applicable any lesser sentence than provided for in

subsections (a) and (b) or to place the offender on probation or

to suspend sentence. Nothing in this section shall prevent the

sentencing court from imposing a sentence greater than that

provided in this section. Sentencing guidelines promulgated by

the Pennsylvania Commission on Sentencing shall not supersede

the mandatory sentences provided in this section.

* * *

Section 6.  Section 9718.3(a) of Title 42 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] is subject to section [9795.1(a)

(relating to registration)] 9799.13 (relating to

applicability) and must register for a period of 15

years under section 9799.15 (relating to period of

registration) or a similar provision from another

jurisdiction; 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] is subject to section [9795.1(a)]

9799.13 and must register for a period of 15 years

under section 9799.15 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] is subject to section [9795.1(b)]

9799.13 and must register for a period of 25 years

under section 9799.15 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] is subject to section [9795.1(b)]

9799.13 and must register for a period of 25 years

under section 9799.15 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] is subject to section [9795.1] 9799.13

and must register for a period of 15 or 25 years or

life under section 9799.15 or a similar provision

from another jurisdiction; and

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

(ii)  Not less than seven years for an individual

who:

(A)  [was] is subject to section [9795.1] 9799.13

and must register for a period of 15 or 25 years or

life under section 9799.15 or a similar provision

from another jurisdiction; 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 under section 9799.13 who is a transient:

(1)  Sentencing upon conviction for a first offense shall

not be less than two years for an individual who:

(i)  is subject to sections 9799.16(b)(6) (relating

to registry) and 9799.25(a)(7) (relating to verification

by sexual offenders and Pennsylvania State Police) 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 not be less than five years for an

individual who:

(i)  is subject to sections 9799.16(b)(6) and

9799.25(a)(7) or a similar provision from another

jurisdiction; and

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

* * *

Section 7.  Sections 9791, 9792, 9795.1, 9795.2, 9795.3,

9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799,

9799.1, 9799.2, 9799.3, 9799.4, 9799.7, 9799.8 and 9799.9 of

Title 42 are repealed:

[§ 9791.  Legislative findings and declaration of policy.

(a)  Legislative findings.--It is hereby determined and

declared as a matter of legislative finding:

(1)  If the public is provided adequate notice and

information about sexually violent predators and certain

other offenders, the community can develop constructive plans

to prepare themselves and their children for the offender's

release. This allows communities to meet with law enforcement

to prepare and obtain information about the rights and

responsibilities of the community and to provide education

and counseling to their children.

(2)  These sexually violent predators pose a high risk of

engaging in further offenses even after being released from

incarceration or commitments and that protection of the

public from this type of offender is a paramount governmental

interest.

(3)  The penal and mental health components of our

justice system are largely hidden from public view and lack

of information from either may result in failure of both

systems to meet this paramount concern of public safety.

(4)  Overly restrictive confidentiality and liability

laws governing the release of information about sexually

violent predators have reduced the willingness to release

information that could be appropriately released under the

public disclosure laws and have increased risks to public

safety.

(5)  Persons found to have committed such an offense have

a reduced expectation of privacy because of the public's

interest in public safety and in the effective operation of

government.

(6)  Release of information about sexually violent

predators to public agencies and the general public will

further the governmental interests of public safety and

public scrutiny of the criminal and mental health systems so

long as the information released is rationally related to the

furtherance of those goals.

(b)  Declaration of policy.--It is hereby declared to be the

intention of the General Assembly to protect the safety and

general welfare of the people of this Commonwealth by providing

for registration and community notification regarding sexually

violent predators who are about to be released from custody and

will live in or near their neighborhood. It is further declared

to be the policy of this Commonwealth to require the exchange of

relevant information about sexually violent predators among

public agencies and officials and to authorize the release of

necessary and relevant information about sexually violent

predators to members of the general public as a means of

assuring public protection and shall not be construed as

punitive.

§ 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, including any person identified in section 9798(b), of

the residence, 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.

"Board."  The State Sexual Offenders Assessment Board.

"Common interest community."  Includes a cooperative, a

condominium and a planned community where an individual by

virtue of an ownership interest in any portion of real estate is

or may become obligated by covenant, easement or agreement

imposed upon the owner's interest to pay any amount for real

property taxes, insurance, maintenance, repair, improvement,

management, administration or regulation of any part of the real

estate other than the portion or interest owned solely by the

individual.

"Commonwealth Photo Imaging Network."  The computer network

administered by the Commonwealth and used to record and store

digital photographs of an individual's face and any scars,

marks, tattoos or other unique features of the individual.

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

time or part-time for a period of time exceeding 14 days or for

an aggregate period of time exceeding 30 days during any

calendar year, whether financially compensated, volunteered,

pursuant to a contract or for the purpose of government or

educational benefit.

"Integrated Automated Fingerprint Identification System."

The national fingerprint and criminal history system maintained

by the Federal Bureau of Investigation providing automated

fingerprint search capabilities, latent searching capability,

electronic image storage and electronic exchange of fingerprints

and responses.

"Mental abnormality."  A congenital or acquired condition of

a person that affects the emotional or volitional capacity of

the person in a manner that predisposes that person to the

commission of criminal sexual acts to a degree that makes the

person a menace to the health and safety of other persons.

"Minor."  As used in section 9795.1 (relating to

registration), is any individual under the age of 18 unless the

age of the victim who is considered a minor is otherwise defined

in section 9795.1.

"Municipality."  A city, borough, incorporated town or

township.

"Offender."  An individual required to register under section

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

"Passive notification."  Notification pursuant to section

9798.1 (relating to information made available on the Internet)

or any process whereby persons, 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).

"Penetration."  Includes any penetration, however slight, of

the genitals or anus or mouth of another person with a part of

the person's body or a foreign object for any purpose other than

good faith medical, hygienic or law enforcement procedures.

"Predatory."  An act directed at a stranger or at a person

with whom a relationship has been initiated, established,

maintained or promoted, in whole or in part, in order to

facilitate or support victimization.

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

domiciled or intends to be domiciled for 30 consecutive days or

more during a calendar year.

"Sexually violent offense."  Any criminal offense specified

in section 9795.1 (relating to registration).

"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 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.

"Student."  A person who is enrolled on a full-time or part-

time basis in any public or private educational institution,

including any secondary school, trade or professional

institution or institution of higher education.

§ 9795.1.  Registration.

(a)  Ten-year registration.--The following individuals shall

be required to register with the Pennsylvania State Police for a

period of ten years:

(1)  Individuals convicted of any of the following

offenses:

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

victim is a minor.

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

motor vehicle or structure).

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

assault).

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

where the offense is graded as a misdemeanor of the first

degree or higher.

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

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

age.

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

related offenses) where the actor promotes the

prostitution of a minor.

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.

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

children).

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

minor).

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

children).

(2)  Individuals convicted of an attempt, conspiracy or

solicitation to commit any of the offenses under paragraph

(1) or subsection (b)(2).

(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.

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

be subject to lifetime registration:

(1)  An individual with two or more convictions of any of

the offenses set forth in subsection (a).

(2)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

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

victim is under 12 years of age.

(3)  Sexually violent predators.

(4)  Individuals currently residing in this Commonwealth

who have been convicted of offenses similar to the crimes

cited in paragraph (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.

(c)  Natural disaster.--The occurrence of a natural disaster

or other event requiring evacuation of residences shall not

relieve an individual of the duty to register or any other duty

imposed by this chapter.

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or upon the commencement of a

sentence of intermediate punishment or probation. For

purposes of registration, offenders and sexually violent

predators shall provide the Pennsylvania State Police with

all current or intended residences, all information

concerning current or intended employment and all information

concerning current or intended enrollment as a student.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

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

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(2.1)  Registration with a new law enforcement agency

shall occur no later than 48 hours after establishing

residence in another state.

(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.

(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, 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 correctional facility shall not release the

offender or sexually violent predator until it receives

verification from the Pennsylvania State Police that it

has received the registration information. 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 be

forwarded to the Pennsylvania State Police.

(ii)  Where the offender or sexually violent predator

scheduled to be released from a State correctional

facility or county correctional facility due to the

maximum expiration date refuses to provide the

registration information, the Department of Corrections

or county correctional facility shall notify the

Pennsylvania State Police or police department with

jurisdiction over the facility of the failure to provide

registration information and of the expected date, time

and location of the release of the offender or sexually

violent predator.

(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:

(i)  If the individual has been classified as a

sexually violent predator as defined in section 9792

(relating to definitions) or determined under the laws of

the other jurisdiction or by reason of court martial to

be subject to active notification and lifetime

registration on the basis of a statutorily authorized

administrative or judicial decision or on the basis of a

statute or administrative rule requiring active

notification and lifetime registration based solely on

the offense for which the individual was convicted,

sentenced or court martialed, the individual shall,

notwithstanding section 9792, be considered a sexually

violent predator and subject to lifetime registration

pursuant to section 9795.1(b) (relating to registration).

The individual shall also be subject to the provisions of

this section and sections 9796 (relating to verification

of residence), 9798 (relating to other notification) and

9798.1(c)(1) (relating to information made available on

the Internet), except that the individual shall not be

required to receive counseling unless required to do so

by the other jurisdiction or by reason of court martial.

(ii)  Except as provided in subparagraphs (i) and

(iv), if the individual has been convicted or sentenced

by a court or court martialed for an offense listed in

section 9795.1(b) or an equivalent offense, the

individual shall, notwithstanding section 9792, be

considered an offender and be subject to lifetime

registration pursuant to 9795.1(b). The individual shall

also be subject to the provisions of this section and

sections 9796 and 9798.1(c)(2).

(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 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 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.

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

(iii) and (iv), if the individual is subject to passive

notification in the other jurisdiction or subject to

passive notification by reason of court martial, the

individual shall, notwithstanding section 9792, be

considered an offender and subject to this section and

sections 9796 and 9798.1(c)(2). 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.

(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 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:

(i)  If the individual has been classified as a

sexually violent predator as defined in section 9792 or

determined under the laws of the other jurisdiction to be

subject to active notification and lifetime registration

on the basis of a statutorily authorized administrative

or judicial decision or on the basis of a statute or

administrative rule requiring active notification and

lifetime registration based solely on the offense for

which the individual was adjudicated, the individual

shall, notwithstanding section 9792, be considered a

sexually violent predator and subject to lifetime

registration pursuant to section 9795.1(b). The

individual shall also be subject to the provisions of

this section and sections 9796 and 9798.1(c)(1), except

that the individual shall not be required to receive

counseling unless required to do so by the other

jurisdiction.

(ii)  Except as provided in subparagraph (i), if the

individual is subject to active notification in the other

jurisdiction, the individual shall, notwithstanding

section 9792, be 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, 9798 and 9798.1(c)(1). 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, less any credit

due to the individual as a result of prior compliance

with registration requirements.

(iii)  Except as provided in subparagraphs (i) and

(ii), if the individual is subject to passive

notification in the other jurisdiction, the individual

shall, notwithstanding section 9792, be considered an

offender and be subject to this section and sections 9796

and 9798.1(c)(2). 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, less any credit due to the individual

as a result of prior registration compliance.

(c)  Registration information to local police.--

(1)  The Pennsylvania State Police shall provide the

information obtained under this section and sections 9795.3

(relating to sentencing court information) and 9796 (relating

to verification of residence) 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