THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, MURT, B. BOYLE, BROOKS, BROWNLEE, CALTAGIRONE, DeLUCA, JAMES, KORTZ, MAHONEY, McGEEHAN, MULLERY, MURPHY, M. O'BRIEN, PASHINSKI, READSHAW, ROSS, SANTARSIERO, K. SMITH, STABACK, STEPHENS, GINGRICH, MYERS AND HORNAMAN, JULY 2, 2012

REFERRED TO COMMITTEE ON JUDICIARY, JULY 2, 2012  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, providing for

registration of domestic violence predators; establishing the

Domestic Violence Predator Assessment Board; and imposing

powers and duties on the Pennsylvania State Police and on the

Pennsylvania Board of Probation and Parole.

It is the intention of the General Assembly that this act be

known as Robin's Law.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 96

REGISTRATION OF DOMESTIC VIOLENCE PREDATORS

Sec.

9601.  Scope of chapter.

9602.  Definitions.

9603.  Registration of certain offenders for ten years.

9604.  Designation of domestic violence predators.

9605.  Other registration requirements.

9606.  Verification of residence.

9607.  Victim notification.

9608.  Immunity for good faith conduct.

9609.  Duties of Pennsylvania State Police.

9610.  Duties of Pennsylvania Board of Probation and Parole.

9611.  Board.

9612.  Domestic violence predators.

9613.  Exemption from notification.

§ 9601.  Scope of chapter.

This chapter relates to registration of domestic violence

criminal offenders.

§ 9602.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board."  The Domestic Violence Predator Assessment Board

established in section 9611 (relating to board).

"Conviction."  An adjudication of guilt by a court of

competent jurisdiction whether upon a verdict or plea of guilty

or plea of nolo contendere, notwithstanding a pending appeal or

habeas corpus proceeding arising from the adjudication.

"Domestic violence offense."  An offense, under the laws of

this Commonwealth or any other jurisdiction:

(1)  an element of which is the use or attempted use of

physical force;

(2)  which is punishable by a term of imprisonment

exceeding two years; and

(3)  which was committed by:

(i)  the current or former spouse, parent or guardian

of the victim;

(ii)  an individual with whom the victim shares a

child in common;

(iii)  an individual who cohabits with or has

cohabited with the victim as a spouse, parent or

guardian; or

(iv)  an individual similarly situated to a spouse,

parent or guardian of the victim.

The relationship specified in this paragraph need not be an

element of the offense to meet the requirements of this

definition.

The term includes an attempt, a solicitation or a conspiracy to

commit the offense.

"Domestic violence predator."  An individual who:

(1)  has been convicted of a domestic violence offense;

and

(2)  is determined to be a domestic violence predator

under section 9604 (relating to designation of domestic

violence predators) due to a mental abnormality or

personality disorder which makes the individual likely to

engage in predatory domestic violence offenses.

"Mental abnormality."  A congenital or acquired condition of

an individual which affects the emotional or volitional capacity

of the individual in a manner as to predispose the individual to

commit violent criminal offenses to a degree which makes the

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

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

township.

"Personality disorder."  A personality disorder as defined in

the fourth edition of the Diagnostic and Statistical Manual of

Mental Disorders adopted by the American Psychiatric

Association.

"Predatory."  Directed at an individual with whom a

relationship has been established or promoted for the primary

purpose of victimization.

§ 9603.  Registration of certain offenders for ten years.

(a)  Requirement.--Except as set forth in subsection (b):

(1)  An individual convicted of a domestic violence

offense shall register a current address with the

Pennsylvania State Police upon:

(i)  release from incarceration;

(ii)  parole from a State or county correctional

facility; or

(iii)  commencement of a sentence of intermediate

punishment or probation.

(2)  The period of registration shall be ten years.

(b)  Exceptions.--

(1)  Subsection (a) does not apply to an individual

incarcerated in a maximum or medium correctional facility of

the Department of Corrections, a private correctional

facility or a correctional facility of another jurisdiction.

This exception ends upon release.

(2)  Subsection (a) does not apply to an individual

required to register under Subchapter H of Chapter 97

(relating to registration of sexual offenders).

(c)  Registration information.--The Pennsylvania State Police

shall provide the information obtained under sections 9605

(relating to other registration requirements) and 9606 (relating

to verification of residence) and this section and the address

at which the offender will reside after release from

incarceration, parole or probation to the chief law enforcement

officer of the police department of the municipality in which

the offender will reside.

§ 9604.  Designation of domestic violence predators.

(a)  Order for assessment.--Before sentencing, the court

shall order a person convicted of a domestic violence offense to

be assessed by the board.

(b)  Presumption.--There shall be a presumption that an

offender convicted of a domestic violence offense shall be

presumed by the board to be a domestic violence predator. The

presumption may be rebutted by clear and convincing evidence at

a hearing held under subsection (e).

(c)  Assessment.--The board shall conduct an assessment of

the offender to determine if the offender is a domestic violence

predator. Such an assessment shall include, but not be limited

to, the following:

(1)  Age of the offender.

(2)  Offender's prior criminal record and domestic

violence offenses as well as any other offenses.

(3)  Age of the victim.

(4)  Whether the domestic violence offense involved

multiple victims.

(5)  Use of illegal drugs by the offender.

(6)  Whether the offender completed any prior sentence

and participated in a program for violent offenders.

(7)  Mental illness or mental disability of the offender.

(8)  The nature of the violent contact with the victim

and whether the contact was part of a demonstrated pattern of

abuse.

(9)  Whether the domestic violence offense included a

display of unusual cruelty by the offender during commission

of the crime.

(10)  Behavioral characteristics that contribute to the

offender's conduct.

(d)  Submission of report by board.--The board shall submit a

written report containing its assessment to the court no later

than 30 days after the assessment was ordered.

(e)  Court review of findings.--Upon receipt of the board's

report, the court shall determine if the offender is a domestic

violence predator. The determination shall be based on evidence

presented at a hearing held prior to sentencing and before the

trial judge. The offender and district attorney shall be given

notice of the hearing and an opportunity to be heard, the right

to call witnesses, including expert witnesses, and the right to

conduct cross-examination. The offender shall have the right to

counsel and to have an attorney appointed to represent him if he

cannot afford one.

(f)  Subsequent review.--No sooner than one year prior to

release from a State or county correctional facility and in

five-year intervals thereafter, an offender designated a

domestic violence predator may petition a court having original

jurisdiction in the matter for reconsideration. The court may

request a new report by the board and enter an order terminating

the designation, in which case the court shall notify the

Pennsylvania State Police.

§ 9605.  Other registration requirements.

(a)  Registration of domestic violence predators.--A domestic

violence predator shall be required to register all current

addresses with the Pennsylvania State Police upon release from

incarceration, upon parole from a State or county correctional

facility or upon commencing a sentence of intermediate

punishment. Registration shall continue unless a court

terminates designation under section 9604(f) (relating to

designation of domestic violence predators).

(b)  Court information for all offenders.--At the time of

sentencing, the court shall inform offenders designated in

section 9603 (relating to registration of certain offenders for

ten years) and domestic violence predators designated in

subsection (a) of the provisions of this chapter. The court

shall:

(1)  Specifically inform the offender of the duty to

register and obtain the information required for each

registration.

(2)  Specifically inform the offender of the duty to

inform the Pennsylvania State Police within ten days if the

offender changes residence.

(3)  Specifically inform the offender of the duty to

register with a new law enforcement agency if the offender

moves to another state no later than ten days after

establishing residence in another state.

(4)  Order the fingerprints and photograph of the person

to be provided to the Pennsylvania State Police upon

sentencing.

(5)  Require the offender to read and sign a form stating

that the duty to register under this chapter has been

explained. If the offender is unable to read, the court shall

certify that the duty to register was explained to the

offender and the offender indicated an understanding of the

duty.

(c)  Correctional facilities and parole authorities.--When an

offender is about to be released from incarceration or paroled

from a State or county correctional facility, the prison

official of the State or county correctional facility, no later

than ten days prior to the release or parole of the offender,

shall again provide the offender with notice of the duty to

register with the Pennsylvania State Police under this chapter.

(d)  Penalty.--An offender who fails to register as required

in this section commits a felony of the third degree.

§ 9606.  Verification of residence.

(a)  Quarterly verification.--The Pennsylvania State Police

shall verify the residence of domestic violence predators every

90 days through use of a nonforwardable verification form to the

last reported address. The form shall be returned by the

offender within ten days.

(b)  Annual verification.--The Pennsylvania State Police

shall verify the residence of offenders designated in section

9603 (relating to registration of certain offenders for ten

years), annually through the use of a residence verification

form. The form shall be returned by the offender within ten

days.

(c)  Notification of address change.--A change of address of

an offender required to register under this chapter reported to

the Pennsylvania State Police shall be immediately reported by

the Pennsylvania State Police to the appropriate law enforcement

agency having jurisdiction over the offender's new place of

residence. The Pennsylvania State Police shall, if the offender

changes residence to another state, notify the law enforcement

agency having jurisdiction of the offender's new place of

residence.

(d)  Failure to provide verification.--If an offender fails

to provide verification of residence within the required ten-day

period, the Pennsylvania State Police shall immediately notify

the local municipal police department of the offender's last

verified residence. The local municipal police shall locate the

offender and place the offender under arrest. The Pennsylvania

State Police shall assume responsibility for locating the

offender and making the arrest in jurisdictions where there is

no local municipal police force. The Pennsylvania State Police

shall assist any local municipal police department requesting

assistance with locating and arresting an offender who fails to

verify his residence.

(e)  Penalty.--An offender who fails to verify his residence

as required in this section commits a felony of the third

degree.

§ 9607.  Victim notification.

(a)  Duty to inform victim.--

(1)  If an offender is determined to be a domestic

violence predator by a court order under section 9604(e)

(relating to designation of domestic violence predators), the

local municipal police department or, if there is no local

municipal police department, the Pennsylvania State Police

shall give written notice to the victim of the offender

within 72 hours after the offender registers initially or

notifies the Pennsylvania State Police of an address change.

The notice shall contain the offender's name and the address

or addresses where the offender resides.

(2)  A victim may waive the right to be informed under

paragraph (1) by providing the local municipal police

department or, if there is no local municipal police

department, the Pennsylvania State Police with a written

request.

(b)  Public information.--Information provided under

subsection (a) shall be available to the general public upon

request.

(c)  Offenders not designated as domestic violence

predators.--If an offender is not determined to be a domestic

violence predator, the victim shall be notified under the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act.

§ 9608.  Immunity for good faith conduct.

The following entities shall not be held liable for damages

arising from a good faith discretionary release or dissemination

of or good faith failure to release or disseminate information

under this section:

(1)  The Pennsylvania State Police and local law

enforcement agencies and their agents and employees.

(2)  District attorneys and their agents and employees.

(3)  Directors and employees of county children and youth

agencies.

(4)  The Pennsylvania Board of Probation and Parole and

its agents and employees.

§ 9609.  Duties of Pennsylvania State Police.

(a)  General rule.--The Pennsylvania State Police shall:

(1)  Create and maintain a State registry of offenders

pursuant to section 9603 (relating to registration of certain

offenders for ten years).

(2)  In consultation with the Attorney General and the

Pennsylvania Board of Probation and Parole, promulgate

guidelines necessary for administration of this chapter.

(3)  Within 72 hours of receiving a registration, notify

the chief law enforcement officer of the police department

having primary jurisdiction of the municipality in which an

offender resides that the offender is registered with the

Pennsylvania State Police under this chapter.

(4)  Immediately forward to the Federal Bureau of

Investigation information received from the Pennsylvania

Board of Probation and Parole under this chapter and the

fingerprints of the domestic violence predator.

(b)  Publication.--Regulations under this chapter shall be

published in the Pennsylvania Bulletin no later than one year

after the effective date of this section.

§ 9610.  Duties of Pennsylvania Board of Probation and Parole.

The Pennsylvania Board of Probation and Parole shall:

(1)  Formulate a process to be followed by State and

county prison and probation and parole personnel when

informing offenders of their duties and responsibilities

under this chapter.

(2)  Obtain the following information concerning each

offender to whom this chapter applies:

(i)  Name, including any aliases.

(ii)  Identifying factors.

(iii)  Anticipated future residence.

(iv)  Offense history.

(v)  Documentation of treatment received for mental

abnormalities and personality disorders.

(3)  Transmit the information in paragraph (2) to the

Pennsylvania State Police without delay for immediate entry

into the State registry of domestic violence offenders and

the criminal history record of the offender as provided in 18

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

information).

§ 9611.  Board.

(a)  Establishment.--The Domestic Violence Predator

Assessment Board is hereby established and shall be composed of

three persons, including a psychiatrist, a psychologist and a

criminal justice expert, each of whom shall have a minimum of

ten years of experience and specialized training in the behavior

and treatment of violent offenders.

(b)  Appointment.--The Governor shall appoint the

psychiatrist and psychologist board members, and the Attorney

General shall appoint the criminal justice expert. All

appointments shall be made within 30 days of the effective date

of this section.

(c)  Term of office.--Members of the board shall serve four-

year terms.

(d)  Compensation.--Members of the board shall be compensated

at a rate of $125 per day and receive reimbursement for their

actual and necessary expenses while performing the business of

the board. The chairman shall receive $500 additional

compensation per year.

(e)  Staff.--Support staff for the board shall be provided by

the Pennsylvania Board of Probation and Parole.

§ 9612.  Domestic violence predators.

(a)  Lifetime parole; counseling.--Notwithstanding any other

provision of law, a person designated as a domestic violence

predator under this chapter shall remain on lifetime parole when

released from a State or county correctional facility unless the

court terminates the designation under section 9604(f) (relating

to designation of domestic violence predators). The offender

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.

If the offender can establish to the satisfaction of the court

inability to pay for counseling sessions, the offender shall

attend the sessions and the parole office shall pay the

requisite fees.

(b)  Lifetime registration.--

(1)  Notwithstanding any other provision of law, an

offender designated as a domestic violence predator under

this chapter shall register for life if the offender:

(i)  is convicted of a subsequent domestic violence

offense requiring registration; or

(ii)  enters this Commonwealth after the effective

date of this chapter and has a conviction in another

jurisdiction that would have required registration if

committed in Pennsylvania.

(2)  If a conviction is vacated and an acquittal or final

discharge is entered after it has been determined that this

section applies, the offender shall have the right to

petition the sentencing court for reconsideration if this

section would not have applied except for the conviction

which was vacated.

(c)  Authority of court in sentencing.--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

subsection (b), to place such 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 sentence provided in this section.

(d)  Appeal by Commonwealth.--If a sentencing court refuses

to apply this section when applicable, the Commonwealth shall

have a right to appellate review. The appellate court shall

vacate the sentence and remand the case to the sentencing court

for the imposition of a sentence in accordance with this section

if it finds that the sentence was imposed in violation of this

section.

§ 9613.  Exemption from notification.

Nothing in this chapter shall be construed to impose a duty

on a person licensed under the act of February 19, 1980 (P.L.15,

No.9), known as the Real Estate Licensing and Registration Act,

or an employee of the person, to disclose information regarding

an offender required to register under this chapter.

Section 2.  This act shall take effect in six months.