THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW, SCARNATI, PILEGGI, VOGEL, FONTANA, TARTAGLIONE, ERICKSON, SOLOBAY, BAKER, WOZNIAK, PICCOLA, MENSCH, FERLO AND BREWSTER, FEBRUARY 7, 2011

REFERRED TO JUDICIARY, FEBRUARY 7, 2011  

AN ACT

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

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in falsification and intimidation, further

providing for failure to comply with registration of sexual

offenders requirements; in registration of sexual offenders,

defining "habitual locale" and "transient"; in registration

of sexual offenders, further providing for registration, for

registration procedures and applicability and for sentencing

court information; in registration of sexual offenders,

providing for registration of transients; and, in

registration of sexual offenders, further providing for

verification of residence, for victim notification, for other

notification, for information made available on the Internet

and for duties of the Pennsylvania State Police.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4915(e)(3) of Title 18 of the

Pennsylvania Consolidated Statutes is amended and the section is

amened by adding subsections to read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

* * *

(a.1)  Transients.--An individual who is subject to

registration as a transient under 42 Pa.C.S. § 9795.2 commits an

offense if the individual knowingly fails to:

(1)  register with the Pennsylvania State Police as

required under 42 Pa.C.S. (Judiciary and Judicial Procedure)

of the Pennsylvania Consolidated Statutes;

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

9796.1;

(3)  be photographed; or

(4)  provide accurate information when complying with 42

Pa.C.S. § 9795.2.

* * *

(c.1)  Grading for transient offenders.--

(1)  Except as set forth under paragraph (2), an

individual subject to registration under 42 Pa.C.S. § 9795.2

who commits a violation of subsection (a.1) commits a felony

of the third degree.

(2)  An individual subject to registration under 42

Pa.C.S. § 9795.2 who commits a violation of subsection (a.1)

and who has previously been convicted of an offense under

subsection (a.1) or a similar offense commits a felony of the

second degree.

* * *

(e)  Arrests for violation.--

* * *

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

(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.

If the individual is a transient, the transient must

provide the Pennsylvania State Police with the

information required under 42 Pa.C.S. § 9795.2.

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

* * *

Section 2.  Section 9792 of Title 42 is amended by adding

definitions to read:

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

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

context clearly indicates otherwise:

* * *

"Habitual locale."  A place where the transient can be

located. The term includes locations a transient frequents

during the day and night, such as parks, public buildings,

restaurants and libraries.

* * *

"Transient."  An individual required to register under this

subchapter who does not have a residence.

Section 3.  Section 9795.1(a) and (b) of Title 42 are amended

by adding paragraphs and the section is amended by adding a

subsection to read:

§ 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:

* * *

(4)  Individuals who have moved to this Commonwealth who

fail to maintain a residence who have been convicted of

offenses similar to the crimes cited under paragraphs (1) and

(2) under the laws of the United States or one of the

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:

* * *

(5)  Individuals who have moved to this Commonwealth who

fail to maintain a residence who have been convicted of

offenses similar to the crimes cited under paragraph (2)

under the laws of the United States or one of the 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.

* * *

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

individual required to register under this subchapter does not

have a residence shall not relieve the individual from the duty

to register or any other duty imposed under this subchapter.

Section 4.  Section 9795.2 of Title 42 is 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

release from incarceration, upon parole from a Federal, State

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

facility or upon the commencement of a sentence of

intermediate punishment or probation or any other sentence of

nonconfinement. For purposes of registration, offenders and

sexually violent predators shall provide the Pennsylvania

State Police with all current or intended residences, all

information concerning current or intended employment [and], 

all information concerning current or intended enrollment as

a student[.] and all information concerning vehicles owned

by, or registered to, the offender or sexually violent

predator. An offender or sexually violent predator who does

not have a current or intended residence shall be considered

a transient. An offender or sexually violent predator who

provides an intended residence shall be considered a

transient if the offender or sexually violent predator is not

living at the registered intended residence within seven days

following the date of release, parole or commencement of

intermediate punishment, probation or nonconfinement

sentence.

(1.1)  If an offender or sexually violent predator is

required under this subchapter to register, update or verify

a residence, an offender or sexually violent predator who is

a transient shall be required to register, update or verify

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

transient shall be required to provide an address unless the

habitual locale has no address, in which case a transient

shall be required to provide a specific description of the

place. A transient shall also provide a place where the

transient is able to receive delivery of mail, including a

post office box or general delivery post office location. In

addition to any other duty imposed under this subchapter, a

transient shall appear every 30 days at an approved

registration site to complete the forms designated by the

Pennsylvania State Police to be used for the purposes of

complying with this subchapter, to update or verify

registration information and status as a transient and, at

the discretion of the approved registration site, to be

photographed.

(1.2)  For purposes of this subsection, offenders and

sexually violent predators shall appear at an approved

registration site to complete the form designated by the

Pennsylvania State Police to be used for purposes of

complying with this subchapter. In the case of an offender

entering or being released or transferred from a residential

reentry or correctional facility, the administrator of the

facility or his designee shall assist in completing the forms

designated by the Pennsylvania State Police to be used for

purposes of complying with this subchapter and, immediately

upon collection, forward all the forms to the Pennsylvania

State Police.

(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.

(v)  Becoming a transient.

(2.1)  Registration with a new law enforcement agency

shall occur no later than 48 hours after establishing

residence in another state or after moving to another state

but not establishing a residence there.

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

section 9795.1(a) (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] subsection 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] is a transient in this Commonwealth and who has been

convicted of or sentenced by a court or court martialed for a

sexually violent offense or a similar offense under the laws

of the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation, or who was

required to register under a sexual offender statute in the

jurisdiction where convicted, sentenced or court martialed,

shall register at an approved registration site within 48

hours of the individual's arrival in this Commonwealth. The

provisions of this subchapter shall apply to the individual

as follows:

(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] is a transient in this Commonwealth and who is

required to register as a sex offender under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation as a result of a juvenile

adjudication shall register at an approved registration site

within 48 hours of the individual's arrival in this

Commonwealth. The provisions of this subchapter shall apply

to the individual as follows:

(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. If the

individual is a transient, the Pennsylvania State Police

shall provide information obtained under this section to the

chief law enforcement officers of the police departments of

the appropriate municipalities.

(2)  The Pennsylvania State Police shall provide notice

to the chief law enforcement officers of the police

departments of the municipalities notified pursuant to

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

registration requirements of this section or section 9796 and

request, as appropriate, that these police departments assist

in locating and apprehending the individual.

(3)  The Pennsylvania State Police shall provide notice

to the chief law enforcement officers of the police

departments of the municipalities notified pursuant to

paragraph (1) when they are in receipt of information

indicating that the individual is no longer a transient or 

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

enrolled as a student in the municipality.

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

[section 9795.1(a) or (b)] former section 9793 (relating to

registration of certain offenders for ten years or 9795.1 who

fails to register or verify or update registration information 

with the Pennsylvania State Police as required by this section

may be subject to prosecution under 18 Pa.C.S. § 4915 (relating

to failure to comply with registration of sexual offenders

requirements).

(d.1)  Transients.--An offender or a sexually violent

predator or other individual required to register under this

subchapter who is a transient and fails to register with the

Pennsylvania State Police as required by this section may be

subject to prosecution under 18 Pa.C.S. § 4915.

(e)  Registration sites.--The following apply:

(1)  An individual subject to section 9795.1 shall

register and submit to fingerprinting and photographing as

required by this subchapter at approved registration sites.

(2)  An offender or sexually violent predator or other

individual required to register under this subchapter who is

subject to registration as a transient shall register in

accordance with this subchapter and submit to fingerprinting

and photographing at approved registration sites.

Section 5.  Sections 9795.3, 9796 heading, (a), (b), (c) and

(e), 9797, 9798(a)(1), (b) and (c) and 9798.1(c)(1)(v) and (2)

of Title 42 are amended to read:

§ 9795.3.  Sentencing court information.

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

inform offenders and sexually violent predators at the time of

sentencing of the provisions of this subchapter. The court

shall:

(1)  Specifically inform the offender or sexually violent

predator of the duty to register and provide the information

required for each registration, including verification as

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

[residence] registration information).

(2)  Specifically inform the offender or sexually violent

predator of the duty to inform the Pennsylvania State Police

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

violent predator changes or establishes a residence or

establishes an additional residence or residences, becomes a

transient, changes employer or employment location for a

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

period of time that will exceed 30 days during any calendar

year or terminates employment or changes institution or

location at which the person is enrolled as a student or

terminates enrollment.

(2.1)  Specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

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

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

violent predator has not previously provided that information

to the Pennsylvania State Police.

(2.2)  Specifically inform the offender or sexually

violent predator of the duty to inform the Pennsylvania State

Police that he is a transient if the offender or sexually

violent predator does not have or fails to maintain a

residence.

(3)  Specifically inform the offender or sexually violent

predator of the duty to register with a new law enforcement

agency if the offender or sexually violent predator moves to

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

establishing residence in another state.

(4)  Order the fingerprints and photograph of the

offender or sexually violent predator to be provided to the

Pennsylvania State Police upon sentencing.

(5)  Specifically inform the offender or sexually violent

predator of the duty to register with the appropriate

authorities in any state in which the offender or sexually

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

vocation or is a student if the state requires such

registration.

(6)  Require the offender or sexually violent predator to

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

this subchapter has been explained. Where the offender or

sexually violent predator is incapable of reading, the court

shall certify the duty to register was explained to the

offender or sexually violent predator and the offender or

sexually violent predator indicated an understanding of the

duty.

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

provide a sexually violent predator or offender with information

under this section shall not relieve that predator or offender

from the requirements of this subchapter.

§ 9796.  Verification of [residence] registration information.

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

The Pennsylvania State Police shall verify the [residence]

registration information and compliance with counseling as

provided for in section 9799.4 (relating to counseling of

sexually violent predators) of sexually violent predators every

90 days through the use of a nonforwardable verification form to

the last reported residence. For the period of registration

required by section 9795.1 (relating to registration), a

sexually violent predator shall appear quarterly between January

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

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

registration site to complete a verification form and to be

photographed.

* * *

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

State Police shall verify the [residence] registration

information of offenders. For the period of registration

required by section 9795.1, an offender shall appear within ten

days before each annual anniversary date of the offender's

initial registration under former section 9793 (relating to

registration of certain offenders for ten years) or section

9795.1 at an approved registration site to complete a

verification form and to be photographed.

* * *

(c)  Notification of law enforcement agencies of change of

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

locale of an offender or sexually violent predator required to

register under this subchapter reported to the Pennsylvania

State Police shall be immediately reported by the Pennsylvania

State Police to the appropriate law enforcement agency having

jurisdiction of the offender's or the sexually violent

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

Pennsylvania State Police shall, if the offender or sexually

violent predator changes residence or habitual locale to another

state, notify the law enforcement agency with which the offender

or sexually violent predator must register in the new state.

* * *

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

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

verify his [residence] registration information or to be

photographed as required by this section may be subject to

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

comply with registration of sexual offenders requirements).

* * *

§ 9797.  Victim notification.

(a)  Duty to inform victim.--

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

violent predator by a court under section 9795.4 (relating to

assessments), the local municipal police department or the

Pennsylvania State Police where no municipal police

jurisdiction exists shall give written notice to the sexually

violent predator's victim when the sexually violent predator

registers initially and when he notifies the Pennsylvania

State Police of any change of residence or habitual locale.

This notice shall be given within 72 hours after the sexually

violent predator registers or notifies the Pennsylvania State

Police of a change of address or habitual locale where he

resides or may be found. The notice shall contain the

sexually violent predator's name and the address [or], 

addresses or habitual locale where he resides or may be

found.

(2)  A victim may terminate the duty to inform set forth

in paragraph (1) by providing the local municipal police

department or the Pennsylvania State Police where no local

municipal police department exists with a written statement

releasing that agency from the duty to comply with this

section as it pertains to that victim.

(b)  Where an individual is not determined to be a sexually

violent predator.--Where an individual is not determined to be a 

sexually violent predator by a court under section 9795.4 or

where an offender is registered as a transient, the victim shall

be notified in accordance with section 201 of the act of

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

Act.

§ 9798.  Other notification.

(a)  Notice by municipality's chief law enforcement

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

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

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

police department of the municipality where a sexually violent

predator lives shall be responsible for providing written notice

as required under this section.

(1)  The notice shall contain:

(i)  The name of the convicted sexually violent

predator.

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

sexually violent predator resides. If the sexually

violent predator is a transient, written notice under

this subparagraph shall include the municipality and

county containing the transient's habitual locale.

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

which the sexually violent predator is employed.

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

violent predator was convicted, sentenced by a court,

adjudicated delinquent or court martialed.

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

predator has been determined by court order to be a

sexually violent predator, which determination has or has

not been terminated as of a date certain.

(v)  A photograph of the sexually violent predator,

if available.

* * *

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

enforcement officer shall provide written notice, under

subsection (a), to the following persons:

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

used] 

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

used in this paragraph, where the sexually violent

predator lives in a common interest community, the term

"neighbor" includes the unit owners' association and

residents of the common interest community.

(ii)  As used in this paragraph, where the sexually

violent predator is a transient, the term "neighbor"

shall mean the community, and the chief law enforcement

officer shall determine the appropriate method for

providing written notice.

(2)  The director of the county children and youth

service agency of the county where the sexually violent

predator resides or, if the sexually violent predator is a

transient, each county containing the transient's habitual

locale.

(3)  The superintendent of each school district and the

equivalent official for private and parochial schools

enrolling students up through grade 12 in the municipality

where the sexually violent predator resides or, if the

sexually violent predator is a transient, each municipality

containing the transient's habitual locale.

(3.1)  The superintendent of each school district and the

equivalent official for each private and parochial school

located within a one-mile radius of where the sexually

violent predator resides.

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

licensed preschool program and owner/operator of each

registered family day care home in the municipality where the

sexually violent predator resides or, if the sexually violent

predator is a transient, each municipality containing the

transient's habitual locale.

(5)  The president of each college, university and

community college located within 1,000 feet of a sexually

violent predator's residence.

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

department's chief law enforcement officer shall provide notice

within the following time frames:

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

notice shall be provided within five days after information

of the sexually violent predator's release date and residence

or habitual locale has been received by the chief law

enforcement officer. Notwithstanding the provisions of

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

written notification would delay meeting this time

requirement.

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

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

the chief law enforcement officer receives information

regarding the sexually violent predator's release date and

residence or habitual locale.

* * *

§ 9798.1.  Information made available on the Internet.

* * *

(c)  Information permitted to be disclosed regarding

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

criminal history record information), the Internet website shall

contain the following information on each individual:

(1)  For sexually violent predators, the following

information shall be posted on the Internet website:

* * *

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

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

any habitual locale;

* * *

(2)  For all other lifetime registrants and offenders

subject to registration, the information set forth in

paragraph (1) shall be posted on the Internet website. If the

lifetime registrant or offender is registered as a transient,

the information provided under section 9795.2 (relating to

registration procedures and applicability) shall be provided

in addition to the information under paragraph (1).

* * *

Section 6.  Section 9799.1(4) of Title 42 is amended and the

section is amended by adding paragraphs to read:

§ 9799.1.  Duties of Pennsylvania State Police.

The Pennsylvania State Police shall:

* * *

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

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

the chief law enforcement officers of the police departments

having primary jurisdiction of the municipalities in which an

offender or sexually violent predator is a transient, 

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

that the offender or sexually violent predator has been

registered with the Pennsylvania State Police pursuant to

sections 9795.2 (relating to registration procedures and

applicability) and 9796 (relating to verification of

[residence] registration information).

* * *

(7)  The Pennsylvania State Police shall have standing

and shall be a party in any of the following:

(i)  A proceeding brought by an individual registered

under former section 9793 (relating to registration of

certain offenders for ten years) or section 9795.1 to be

removed from, or contesting their inclusion in, the State

registry of sexual offenders and sexually violent

predators.

(ii)  A proceeding to modify a court order concerning

the terms of an individual's registration under former

section 9793 or section 9795.1.

(8)  (i)  The Pennsylvania State Police may certify and

send to an authorized user, by electronic transmission or

otherwise, a certification of record or abstract of

records maintained by the Pennsylvania State Police

regarding the registration of an offender under this

subchapter. Permissible uses shall include certifications

of an offender's initial registration and verification

history and history of nonregistration or

nonverification. The Pennsylvania State Police may also

certify electronically any documents certified to it

electronically.

(ii)  Authorized users shall include State and local

police, district attorneys, agents and employees of the

Pennsylvania State Police and the Office of Attorney

General and other persons or entities determined by the

Pennsylvania State Police and listed by notice in the

Pennsylvania Bulletin.

(iii)  In any proceeding before the courts or

administrative bodies of this Commonwealth, documents

certified by the Pennsylvania State Police under this

section and offered into evidence by an authorized user

shall be admissible into evidence.

Section 7.  This act shall take effect immediately.