THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, GREENLEAF AND RAFFERTY, JUNE 28, 2011

REFERRED TO JUDICIARY, JUNE 28, 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)] Ch. 97 Subch. H

(relating to registration of sexual offenders) commits an

offense if he knowingly fails to:

(1)  register with the Pennsylvania State Police or

report a change in registration information as required under

42 Pa.C.S. [§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H;

(2)  verify his address or registration information or be

photographed as required under 42 Pa.C.S. [§ 9796 (relating

to verification of residence)] Ch. 97 Subch. H; or

(3)  provide accurate information when registering [under

42 Pa.C.S. § 9795.2], reporting a change in registration or

verifying an address or registration information as required 

under 42 Pa.C.S. [§ 9796] Ch. 97 Subch. H.

(b)  Grading for Class 1 and Class 2 sexual offenders [who

must register for ten years].--

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

Class 1 sexual offender or Class 2 sexual offender subject to

registration under 42 Pa.C.S. [§ 9795.1(a)] Ch. 97 Subch. H who

commits a violation of subsection (a)(1) or (2) commits a felony

of the third degree.

(3)  [An individual] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H 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] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H who violates subsection (a)(3)

commits a felony of the second degree.

(c)  Grading for Class 3 sexual offenders and sexually

violent predators [and others with lifetime registration].--

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

individual] a Class 3 sexual offender or sexually violent

predator subject to registration under 42 Pa.C.S. [§

9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who commits a

violation of subsection (a)(1) or (2) commits a felony of the

second degree.

(3)  [An individual] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H 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] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who

violates subsection (a)(3) commits a felony of the first

degree.

(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)] Ch. 97

Subch. H 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)] 9799.20

(relating to verification of registration information) 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.]

following apply:

(A)  If an individual previously registered with

the Pennsylvania State Police, the individual shall

update registration information.

(B)  If an individual did not previously register

with the Pennsylvania State Police, the individual

shall register under 42 Pa.C.S. Ch. 97 Subch. H.

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

(f)  [Definition] Definitions.--As used in this section, [the

term "a similar offense" means 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.] the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Class 1 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 1

out-of-State offender.

"Class 2 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 2

out-of-State offender.

"Class 3 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 3

out-of-State offender.

"Out-of-State offender."  As defined in 42 Pa.C.S. § 9799.12

(relating to definitions).

"Sexually violent predator."  As defined 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 the United

States or one of its territories or possessions, another state,

the District of Columbia, a federally recognized Indian tribe or

a foreign nation.

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 9718.1(a) introductory paragraph and

(b)(2), 9718.2(a) and 9718.3(a) of Title 42 are amended to read:

§ 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]

9799.31 (relating to counseling of sexually violent

predators).

* * *

§ 9718.2.  Sentences for sex offenders.

(a)  Mandatory sentence.--

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

Commonwealth of an offense [set forth in] subject to section

[9795.1(a) or (b)] 9799.13 (relating to registration) shall,

if at the time of the commission of the current offense the

person had previously been convicted of an offense [set forth

in] subject to section [9795.1(a) or (b)] 9799.13 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 in separate

criminal actions of two or more offenses [arising from

separate criminal transactions set forth in section 9795.1(a)

or (b)] subject to section 9799.13 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.

* * *

§ 9718.3.  Sentence for failure to comply with registration of

sexual offenders.

(a)  Mandatory sentence.--Mandatory sentencing shall be as

follows:

(1)  Sentencing upon conviction for a first offense shall

be as follows:

(i)  Not less than two years for an individual who:

(A)  was subject to:

(I)  former section 9795.1(a) (relating to

registration);

(II)  registration as a Class 1 sexual

offender or Class 2 sexual offender under Subch.

H (relating to registration of sexual offenders); 

or

(III)  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 subject to:

(I)  former section 9795.1(a) [(relating to

registration)];

(II)  registration as a Class 1 sexual

offender or Class 2 sexual offender under Subch.

H; or

(III)  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 subject to:

(I)  former section 9795.1(b);

(II)  registration as a Class 3 sexual

offender or sexually violent predator under

Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

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

(A)  was subject to:

(I)  former section 9795.1(b);

(II)  registration as a Class 3 sexual

offender or sexually violent predator under

Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

(2)  Sentencing upon conviction for a second or

subsequent offense shall be as follows:

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

(A)  was subject to:

(I)  former section 9795.1;

(II)  registration under Subch. H; or

(III)  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 subject to:

(I)  section 9795.1;

(II)  registration under Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

* * *

Section 4.  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

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 will no longer reside, 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) who fails to register 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).

(e)  Registration sites.--An individual subject to section

9795.1 shall register and submit to fingerprinting and

photographing as required by this subchapter at approved

registration sites.

§ 9795.3.  Sentencing court information.

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).

(2)  Specifically inform the offender or sexually violent

predator of the duty to inform the Pennsylvania State Police

within ten days if the offender or sexually violent predator

changes residence or establishes an additional residence or

residences, 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 of becoming employed or enrolled as a

student if the person has not previously provided that

information to the Pennsylvania State Police.

(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 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 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.

§ 9795.4.  Assessments.

(a)  Order for assessment.--After conviction but before

sentencing, a court shall order an individual convicted of an

offense specified in section 9795.1 (relating to registration)

to be assessed by the board. The order for an assessment shall

be sent to the administrative officer of the board within ten

days of the date of conviction.

(b)  Assessment.--Upon receipt from the court of an order for

an assessment, a member of the board as designated by the

administrative officer of the board shall conduct an assessment

of the individual to determine if the individual should be

classified as a sexually violent predator. The board shall

establish standards for evaluations and for evaluators

conducting the assessments. An assessment shall include, but not

be limited to, an examination of the following:

(1)  Facts of the current offense, including:

(i)  Whether the offense involved multiple victims.

(ii)  Whether the individual exceeded the means

necessary to achieve the offense.

(iii)  The nature of the sexual contact with the

victim.

(iv)  Relationship of the individual to the victim.

(v)  Age of the victim.

(vi)  Whether the offense included a display of

unusual cruelty by the individual during the commission

of the crime.

(vii)  The mental capacity of the victim.

(2)  Prior offense history, including:

(i)  The individual's prior criminal record.

(ii)  Whether the individual completed any prior

sentences.

(iii)  Whether the individual participated in

available programs for sexual offenders.

(3)  Characteristics of the individual, including:

(i)  Age of the individual.

(ii)  Use of illegal drugs by the individual.

(iii)  Any mental illness, mental disability or

mental abnormality.

(iv)  Behavioral characteristics that contribute to

the individual's conduct.

(4)  Factors that are supported in a sexual offender

assessment field as criteria reasonably related to the risk

of reoffense.

(c)  Release of information.--All State, county and local

agencies, offices or entities in this Commonwealth, including

juvenile probation officers, shall cooperate by providing copies

of records and information as requested by the board in

connection with the court-ordered assessment and the assessment

requested by the Pennsylvania Board of Probation and Parole or

the assessment of a delinquent child under section 6358

(relating to assessment of delinquent children by the State

Sexual Offenders Assessment Board).

(d)  Submission of report by board.--The board shall have 90

days from the date of conviction of the individual to submit a

written report containing its assessment to the district

attorney.

(d.1)  Summary of offense.--The board shall prepare a

description of the offense or offenses which trigger the

application of this subchapter to include, but not be limited

to:

(1)  A concise narrative of the offender's conduct.

(2)  Whether the victim was a minor.

(3)  The manner of weapon or physical force used or

threatened.

(4)  If the offense involved unauthorized entry into a

room or vehicle occupied by the victim.

(5)  If the offense was part of a course or pattern of

conduct involving multiple incidents or victims.

(6)  Previous instances in which the offender was

determined guilty of an offense subject to this subchapter or

of a crime of violence as defined in section 9714(g)

(relating to sentences for second and subsequent offenses).

(e)  Hearing.--

(1)  A hearing to determine whether the individual is a

sexually violent predator shall be scheduled upon the

praecipe filed by the district attorney. The district

attorney upon filing a praecipe shall serve a copy of same

upon defense counsel together with a copy of the report of

the board.

(2)  The individual and district attorney shall be given

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

right to call witnesses, the right to call expert witnesses

and the right to cross-examine witnesses. In addition, the

individual shall have the right to counsel and to have a

lawyer appointed to represent him if he cannot afford one. If

the individual requests another expert assessment, the

individual shall provide a copy of the expert assessment to

the district attorney prior to the hearing.

(3)  At the hearing prior to sentencing, the court shall

determine whether the Commonwealth has proved by clear and

convincing evidence that the individual is a sexually violent

predator.

(4)  A copy of the order containing the determination of

the court shall be immediately submitted to the individual,

the district attorney, the Pennsylvania Board of Probation

and Parole, the Department of Corrections, the board and the

Pennsylvania State Police.

(f)  Presentence investigation.--In all cases where the board

has performed an assessment pursuant to this section, copies of

the report shall be provided to the agency preparing the

presentence investigation.

(g)  Parole assessment.--The Pennsylvania Board of Probation

and Parole may request of the board an assessment of an offender

or sexually violent predator be conducted and provide a report

to the Pennsylvania Board of Probation and Parole prior to

considering an offender or sexually violent predator for parole.

(h)  Delinquent children.--Except where section 6358(b.1)

(relating to assessment of delinquent children by the State

Sexual Offenders Assessment Board) is applicable, the probation

officer shall notify the board 90 days prior to the 20th

birthday of the child of the status of the delinquent child who

is committed to an institution or other facility pursuant to

section 6352 (relating to disposition of delinquent child) after

having been found delinquent for an act of sexual violence which

if committed by an adult would be a violation of 18 Pa.C.S. §

3121 (relating to rape), 3123 (relating to involuntary deviate

sexual intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest), together with

the location of the facility where the child is committed. The

board shall conduct an assessment of the child, which shall

include the board's determination of whether or not the child is

in need of commitment due to a mental abnormality as defined in

section 6402 (relating to definitions) or a personality

disorder, either of which results in serious difficulty in

controlling sexually violent behavior, and provide a report to

the court within the time frames set forth in section 6358(c).

The probation officer shall assist the board in obtaining access

to the child and any records or information as requested by the

board in connection with the assessment. The assessment shall be

conducted pursuant to subsection (b).

(i)  Other assessments.--Upon receipt from the court of an

order for an assessment under section 9795.5 (relating to

exemption from certain notification), a member of the board as

designated by the administrative officer of the board shall

conduct an assessment of the individual to determine if the

relief sought, if granted, is likely to pose a threat to the

safety of any other person. The board shall establish standards

for evaluations and for evaluators conducting these assessments.

§ 9795.5.  Exemption from certain notifications.

(a)  Lifetime registrants not classified as sexually violent

predators.--

(1)  An individual required to register under section

9795.1 (relating to registration) who is not a sexually

violent predator may petition the sentencing court to be

exempt from the application of section 9798.1 (relating to

information made available on the Internet) provided no less

than 20 years have passed since the individual has been

convicted in this or any other jurisdiction of any offense

punishable by imprisonment for more than one year, or the

individual's release from custody following the individual's

most recent conviction for any such offense, whichever is

later.

(2)  Upon receipt of a petition filed under paragraph

(1), the sentencing court shall enter an order directing that

the petitioner be assessed by the board in accordance with

the provisions of section 9795.4(i) (relating to

assessments). The order for an assessment under this

subsection shall be sent to the administrative officer of the

board within ten days of its entry. No later than 90 days

following receipt of such an order, the board shall submit a

written report containing its assessment to the sentencing

court, the district attorney and the attorney for the

petitioner.

(3)  Within 120 days of the filing of a petition under

paragraph (1), the sentencing court shall hold a hearing to

determine whether to exempt the petitioner from the

application of section 9798.1. The petitioner and the

district attorney shall be given notice of the hearing and an

opportunity to be heard, the right to call witnesses, the

right to call expert witnesses and the right to cross-examine

witnesses. The petitioner shall have the right to counsel and

to have a lawyer appointed to represent him if he cannot

afford one.

(4)  The sentencing court shall exempt the petitioner

from application of section 9798.1 only upon finding by clear

and convincing evidence that exempting the petitioner from

the application of section 9798.1 is not likely to pose a

threat to the safety of any other person.

(b)  Sexually violent predators.--

(1)  An individual required to register under section

9795.1 who is a sexually violent predator may petition the

sentencing court for release from the application of section

9798 (relating to other notification) provided no less than

20 years have passed since the individual has been convicted

in this or any other jurisdiction of any offense punishable

by imprisonment for more than one year, or the individual's

release from custody following the individual's most recent

conviction for any such offense, whichever is later.

(2)  Upon receipt of a petition under paragraph (1), the

sentencing court shall order the petitioner to be assessed by

the board in accordance with the provisions of section

9795.4(i). The order for an assessment pursuant to this

subsection shall be sent to the administrative officer of the

board within ten days of its entry. No later than 90 days

following receipt of such an order, the board shall submit a

written report containing its assessment to the sentencing

court, the district attorney and the attorney for the

petitioner.

(3)  Within 120 days of the filing of a petition under

paragraph (1), the sentencing court shall hold a hearing to

determine whether to exempt the petitioner from application

of section 9798. The petitioner and the district attorney

shall be given notice of the hearing and an opportunity to be

heard, the right to call witnesses, the right to call expert

witnesses and the right to cross-examine witnesses. The

petitioner shall have the right to counsel and to have a

lawyer appointed to represent him if he cannot afford one.

(4)  The sentencing court shall exempt the petitioner

from application of section 9798 only upon clear and

convincing evidence that releasing the petitioner from

application of section 9798 is not likely to pose a threat to

the safety of any other person.

(c)  Notice.--Any court granting relief to a petitioner under

this section shall notify the Pennsylvania State Police in

writing within ten days from the date such relief is granted.

(d)  Right to appeal.--The petitioner and the Commonwealth

shall have the right to appellate review of the actions of the

sentencing court taken under this section. An appeal by the

Commonwealth shall stay the order of the sentencing court.

(e)  Subsequent conviction for failing to comply.--If an

individual is exempt from the application of either section 9798

or 9798.1 under this section and the individual is subsequently

convicted of an offense under 18 Pa.C.S. § 4915 (relating to

failure to comply with registration of sexual offenders

requirements), any relief granted under this section shall be

void, and the individual shall automatically and immediately

again be subject to all applicable provisions of this

subchapter, as previously determined by this subchapter.

§ 9796.  Verification of residence.

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

The Pennsylvania State Police shall verify the residence and

compliance with counseling as provided for in section 9799.4

(relating to counseling of sexually violent predators) of

sexually violent predators every 90 days through the use of a

nonforwardable verification form to the last reported residence.

For the period of registration required by section 9795.1

(relating to registration), a sexually violent predator shall

appear quarterly between January 5 and January 15, April 5 and

April 15, July 5 and July 15 and October 5 and October 15 of

each calendar year at an approved registration site to complete

a verification form and to be photographed.

(a.1)  Facilitation of quarterly verification.--The

Pennsylvania State Police shall facilitate and administer the

verification process required by subsection (a) by:

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

to all registered sexually violent predators at their last

reported residence addresses. This notice shall be sent not

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

quarterly verification periods set forth in subsection (a)

and shall remind sexually violent predators of their

quarterly verification requirement and provide them with a

list of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site not less than

ten days before each of the quarterly verification periods.

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

State Police shall verify the residence 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 section 9795.1 at

an approved registration site to complete a verification form

and to be photographed.

(b.1)  Facilitation of annual verification.--The Pennsylvania

State Police shall facilitate and administer the verification

process required by subsection (b) by:

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

to all registered offenders at their last reported residence

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

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

anniversary date and shall remind the offender of the annual

verification requirement and provide the offender with a list

of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site.

(c)  Notification of law enforcement agencies of change of

residence.--A change of residence of an offender or sexually

violent predator required to register under this subchapter

reported to the Pennsylvania State Police shall be immediately

reported by the Pennsylvania State Police to the appropriate law

enforcement agency having jurisdiction of the offender's or the

sexually violent predator's new place of residence. The

Pennsylvania State Police shall, if the offender or sexually

violent predator changes residence to another state, notify the

law enforcement agency with which the offender or sexually

violent predator must register in the new state.

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

sexually violent predator fails to provide verification of

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

section, the Pennsylvania State Police shall immediately notify

the municipal police department of the offender's or the

sexually violent predator's last verified residence. The local

municipal police shall locate the offender or sexually violent

predator and arrest him for violating this section. The

Pennsylvania State Police shall assume responsibility for

locating the offender or sexually violent predator and arresting

him in jurisdictions where no municipal police jurisdiction

exists. The Pennsylvania State Police shall assist any municipal

police department requesting assistance with locating and

arresting an offender or sexually violent predator who fails to

verify his residence.

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

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

be photographed as required by this section may be subject to

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

comply with registration of sexual offenders requirements).

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

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

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

predator or offender from the requirements of this subchapter.

§ 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. This notice shall be

given within 72 hours after the sexually violent predator

registers or notifies the Pennsylvania State Police of a