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| PRIOR PRINTER'S NOS. 1449, 1715 | PRINTER'S NO. 1778 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, RAFFERTY, WARD, ALLOWAY, FONTANA, BROWNE, BOSCOLA, MENSCH, SCARNATI, FARNESE AND TARTAGLIONE, JUNE 28, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, NOVEMBER 14, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 23 (Domestic |
2 | Relations), 42 (Judiciary and Judicial Procedure), 44 (Law |
3 | and Justice) and 61 (Prisons and Parole) of the Pennsylvania |
4 | Consolidated Statutes, extensively revising provisions |
5 | relating to the treatment, classification, sentencing and |
6 | registration of sexual offenders; further providing for | <-- |
7 | obscene and other sexual materials and performances; and |
8 | making editorial changes. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Sections 2901, 2902, 2903, 3122.1, 3124.2, |
12 | 3130(a) introductory paragraph and (1) and (b), 3141, 4302, 4915 | <-- |
13 | and 5902(c) and 4302 of Title 18 of the Pennsylvania | <-- |
14 | Consolidated Statutes are amended to read: |
15 | § 2901. Kidnapping. |
16 | (a) Offense defined.--[A] Except as provided for in |
17 | subsection (a.1), a person is guilty of kidnapping if he |
18 | unlawfully removes another a substantial distance under the |
19 | circumstances from the place where he is found, or if he |
20 | unlawfully confines another for a substantial period in a place |
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1 | of isolation, with any of the following intentions: |
2 | (1) To hold for ransom or reward, or as a shield or |
3 | hostage. |
4 | (2) To facilitate commission of any felony or flight |
5 | thereafter. |
6 | (3) To inflict bodily injury on or to terrorize the |
7 | victim or another. |
8 | (4) To interfere with the performance by public |
9 | officials of any governmental or political function. |
10 | (a.1) Kidnapping of a minor.--A person is guilty of |
11 | kidnapping of a minor if he unlawfully removes a person under 18 |
12 | years of age a substantial distance under the circumstances from |
13 | the place where he is found, or if he unlawfully confines |
14 | another for a substantial period in a place of isolation, with |
15 | any of the following intentions: |
16 | (1) To hold for ransom or reward, or as a shield or |
17 | hostage. |
18 | (2) To facilitate commission of any felony or flight |
19 | thereafter. |
20 | (3) To inflict bodily injury on or to terrorize the |
21 | victim or another. |
22 | (4) To interfere with the performance by public |
23 | officials of any governmental or political function. |
24 | (b) Grading.--Kidnapping [is a felony] and kidnapping of a |
25 | minor are both felonies of the first degree. A removal or |
26 | confinement is unlawful within the meaning of this section if it |
27 | is accomplished by force, threat or deception, or, in the case |
28 | of a person who is under the age of 14 years or an incapacitated |
29 | person, if it is accomplished without the consent of a parent, |
30 | guardian or other person responsible for general supervision of |
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1 | his welfare. |
2 | § 2902. Unlawful restraint. |
3 | (a) Offense defined.--[A person commits an offense] Except |
4 | as provided for under subsection (b), a person commits a |
5 | misdemeanor of the first degree if he knowingly: |
6 | (1) restrains another unlawfully in circumstances |
7 | exposing him to risk of serious bodily injury; or |
8 | (2) holds another in a condition of involuntary |
9 | servitude. |
10 | [(b) Grading.-- |
11 | (1) Except as provided in paragraph (2), an offense |
12 | under subsection (a) is a misdemeanor of the first degree. |
13 | (2) If the victim of the offense is an individual under |
14 | 18 years of age, an offense under subsection (a) is a felony |
15 | of the second degree.] |
16 | (b) Unlawful restraint of a minor.--If the victim is a |
17 | person under 18 years of age, a person who is not the victim's | <-- |
18 | parent commits a felony of the second degree if he knowingly: |
19 | (1) restrains another unlawfully in circumstances |
20 | exposing him to risk of serious bodily injury; or |
21 | (2) holds another in a condition of involuntary |
22 | servitude. |
23 | § 2903. False imprisonment. |
24 | (a) Offense defined.--[A person commits an offense] Except |
25 | as provided for under subsection (b), a person commits a |
26 | misdemeanor of the second degree if he knowingly restrains |
27 | another unlawfully so as to interfere substantially with his |
28 | liberty. |
29 | [(b) Grading.-- |
30 | (1) Except as provided in paragraph (2), an offense |
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1 | under subsection (a) is a misdemeanor of the second degree. |
2 | (2) If the victim of the offense is an individual under |
3 | 18 years of age, an offense under subsection (a) is a felony |
4 | of the second degree.] |
5 | (b) False imprisonment of a minor.--If the victim is a |
6 | person under 18 years of age, a person who is not the victim's | <-- |
7 | parent commits a felony of the second degree if he knowingly |
8 | restrains another unlawfully so as to interfere substantially |
9 | with his liberty. |
10 | § 3122.1. Statutory sexual assault. |
11 | (a) Felony of the second degree.--Except as provided in |
12 | section 3121 (relating to rape), a person commits a felony of |
13 | the second degree when that person engages in sexual intercourse |
14 | with a complainant to whom the person is not married who is |
15 | under the age of 16 years and that person is either: |
16 | (1) four [or more] years older but not more than seven |
17 | years older than the complainant [and the complainant and the |
18 | person are not married to each other.]; or |
19 | (2) eight years older but not more than ten years older |
20 | than the complainant. |
21 | (b) Felony of the first degree.--A person commits a felony |
22 | of the first degree when that person engages in sexual |
23 | intercourse with a complainant under the age of 16 years and |
24 | that person is 11 or more years older than the complainant and |
25 | the complainant and the person are not married to each other. |
26 | § 3124.2. Institutional sexual assault. |
27 | (a) General rule.--Except as provided under subsection (a.1) |
28 | and in sections 3121 (relating to rape), 3122.1 (relating to |
29 | statutory sexual assault), 3123 (relating to involuntary deviate |
30 | sexual intercourse), 3124.1 (relating to sexual assault) and |
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1 | 3125 (relating to aggravated indecent assault), a person who is |
2 | an employee or agent of the Department of Corrections or a |
3 | county correctional authority, youth development center, youth |
4 | forestry camp, State or county juvenile detention facility, |
5 | other licensed residential facility serving children and youth, |
6 | or mental health or mental retardation facility or institution |
7 | commits a felony of the third degree when that person engages in |
8 | sexual intercourse, deviate sexual intercourse or indecent |
9 | contact with an inmate, detainee, patient or resident. |
10 | (a.1) Institutional sexual assault of a minor.--If the |
11 | inmate, detainee, patient or resident is a person under 18 years |
12 | of age, a person who is an employee or agent of the Department |
13 | of Corrections or a county correctional authority, youth |
14 | development center, youth forestry camp, State or county |
15 | juvenile detention facility, other licensed residential facility |
16 | serving children and youth or a mental health or a mental |
17 | retardation facility or institution commits a felony of the |
18 | third degree when that person engages in sexual intercourse, |
19 | deviate sexual intercourse or indecent contact with an inmate, |
20 | detainee, patient or resident. |
21 | (b) Definition.--As used in this section, the term "agent" |
22 | means a person who is assigned to work in a State or county |
23 | correctional or juvenile detention facility, a youth development |
24 | center, youth forestry camp, other licensed residential facility |
25 | serving children and youth, or mental health or mental |
26 | retardation facility or institution who is employed by any State |
27 | or county agency or any person employed by an entity providing |
28 | contract services to the agency. |
29 | § 3130. Conduct relating to sex offenders. |
30 | (a) Offense defined.--A person commits a felony of the third |
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1 | degree if the person has reason to believe that a sex offender |
2 | is not complying with or has not complied with the requirements |
3 | of the sex offender's probation or parole, imposed by statute or |
4 | court order, or with the registration requirements of 42 Pa.C.S. |
5 | [§ 9795.2 (relating to registration procedures and |
6 | applicability)] Ch. 97 Subch. H (relating to registration of |
7 | sexual offenders), and the person, with the intent to assist the |
8 | sex offender in eluding a law enforcement agent or agency that |
9 | is seeking to find the sex offender to question the sex offender |
10 | about, or to arrest the sex offender for, noncompliance with the |
11 | requirements of the sex offender's probation or parole or the |
12 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H: |
13 | (1) withholds information from or does not notify the |
14 | law enforcement agent or agency about the sex offender's |
15 | noncompliance with the requirements of parole, the |
16 | requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if |
17 | known, the sex offender's whereabouts; |
18 | * * * |
19 | (b) Definition.--As used in this section, the term "sex |
20 | offender" means a person who is required to register with the |
21 | Pennsylvania State Police pursuant to the provisions of 42 |
22 | Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H. |
23 | § 3141. General rule. |
24 | A person: |
25 | (1) convicted under section 3121 (relating to rape), |
26 | 3122.1 (relating to statutory sexual assault), 3123 (relating |
27 | to involuntary deviate sexual intercourse), 3124.1 (relating |
28 | to sexual assault), 3125 (relating to aggravated indecent |
29 | assault) or 3126 (relating to indecent assault); or |
30 | (2) required to register with the Pennsylvania State |
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1 | Police under 42 Pa.C.S. [§ 9795.2 (relating to registration |
2 | procedures and applicability)] Ch. 97 Subch. H (relating to |
3 | registration of sexual offenders); |
4 | may be required to forfeit property rights in any property or |
5 | assets used to implement or facilitate commission of the crime |
6 | or crimes of which the person has been convicted. Such property |
7 | may include, but is not limited to, a computer or computers, |
8 | telephone equipment, firearms, licit or illicit prescription |
9 | drugs or controlled substances, a motor vehicle or such other |
10 | property or assets as determined by the court of common pleas to |
11 | have facilitated the person's criminal misconduct. |
12 | § 4302. Incest. |
13 | [A] (a) General rule.--Except as provided for under |
14 | subsection (b), a person is guilty of incest, a felony of the |
15 | second degree, if that person knowingly marries or cohabits or |
16 | has sexual intercourse with an ancestor or descendant, a brother |
17 | or sister of the whole or half blood or an uncle, aunt, nephew |
18 | or niece of the whole blood. [The relationships referred to in |
19 | this section include blood relationships without regard to |
20 | legitimacy, and relationship of parent and child by adoption.] |
21 | (b) Incest of a minor.--A person is guilty of incest of a |
22 | minor, a felony of the second degree, if that person knowingly |
23 | marries, cohabits with or has sexual intercourse with a |
24 | complainant who is an ancestor or descendant, a brother or |
25 | sister of the whole or half blood or an uncle, aunt, nephew or |
26 | niece of the whole blood and: |
27 | (1) is under the age of 13 years; or |
28 | (2) is 13 to 18 years of age and the person is four or |
29 | more years older than the complainant. |
30 | (c) Relationships.--The relationships referred to in this |
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1 | section include blood relationships without regard to |
2 | legitimacy, and relationship of parent and child by adoption. |
3 | § 4915. Failure to comply with registration of sexual offenders | <-- |
4 | requirements. |
5 | (a) Offense defined.--An individual who is subject to |
6 | registration under 42 Pa.C.S. [§ 9795.1(a) (relating to |
7 | registration) or an individual who is subject to registration |
8 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H |
9 | (relating to registration of sexual offenders) commits an |
10 | offense if he knowingly fails to: |
11 | (1) register with the Pennsylvania State Police or |
12 | report a change in registration information as required under |
13 | 42 Pa.C.S. [§ 9795.2 (relating to registration procedures and |
14 | applicability)] Ch. 97 Subch. H; |
15 | (2) verify his address or registration information or be |
16 | photographed as required under 42 Pa.C.S. [§ 9796 (relating |
17 | to verification of residence)] Ch. 97 Subch. H; or |
18 | (3) provide accurate information when registering [under |
19 | 42 Pa.C.S. § 9795.2], reporting a change in registration or |
20 | verifying an address or registration information as required |
21 | under 42 Pa.C.S. [§ 9796] Ch. 97 Subch. H. |
22 | (b) Grading for Class 1 and Class 2 sexual offenders [who |
23 | must register for ten years].-- |
24 | (2) Except as set forth in paragraph (3), [an individual] a |
25 | Class 1 sexual offender or Class 2 sexual offender subject to |
26 | registration under 42 Pa.C.S. [§ 9795.1(a)] Ch. 97 Subch. H who |
27 | commits a violation of subsection (a)(1) or (2) commits a felony |
28 | of the third degree. |
29 | (3) [An individual] A Class 1 sexual offender or Class 2 |
30 | sexual offender subject to registration under 42 Pa.C.S. [§ |
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1 | 9795.1(a)] Ch. 97 Subch. H who commits a violation of |
2 | subsection (a)(1) or (2) and who has previously been |
3 | convicted of an offense under subsection (a)(1) or (2) or a |
4 | similar offense commits a felony of the second degree. |
5 | (4) [An individual] A Class 1 sexual offender or Class 2 |
6 | sexual offender subject to registration under 42 Pa.C.S. [§ |
7 | 9795.1(a)] Ch. 97 Subch. H who violates subsection (a)(3) |
8 | commits a felony of the second degree. |
9 | (c) Grading for Class 3 sexual offenders and sexually |
10 | violent predators [and others with lifetime registration].-- |
11 | (2) Except as set forth in paragraph (3), [an |
12 | individual] a Class 3 sexual offender or sexually violent |
13 | predator subject to registration under 42 Pa.C.S. [§ |
14 | 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who commits a |
15 | violation of subsection (a)(1) or (2) commits a felony of the |
16 | second degree. |
17 | (3) [An individual] A Class 3 sexual offender or |
18 | sexually violent predator subject to registration under 42 |
19 | Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who |
20 | commits a violation of subsection (a)(1) or (2) and who has |
21 | previously been convicted of an offense under subsection (a) |
22 | (1) or (2) or a similar offense commits a felony of the first |
23 | degree. |
24 | (4) [An individual] A Class 3 sexual offender or |
25 | sexually violent predator subject to registration under 42 |
26 | Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who |
27 | violates subsection (a)(3) commits a felony of the first |
28 | degree. |
29 | (d) Effect of notice.--Neither failure on the part of the |
30 | Pennsylvania State Police to send nor failure of a sexually |
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1 | violent predator or offender to receive any notice or |
2 | information pursuant to 42 Pa.C.S. [§ 9796(a.1) or (b.1)] Ch. 97 |
3 | Subch. H shall be a defense to a prosecution commenced against |
4 | an individual arising from a violation of this section. The |
5 | provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.20 |
6 | (relating to verification of registration information) are not |
7 | an element of an offense under this section. |
8 | (e) Arrests for violation.-- |
9 | (1) A police officer shall have the same right of arrest |
10 | without a warrant as in a felony whenever the police officer |
11 | has probable cause to believe an individual has committed a |
12 | violation of this section regardless of whether the violation |
13 | occurred in the presence of the police officer. |
14 | (2) An individual arrested for a violation of this |
15 | section shall be afforded a preliminary arraignment by the |
16 | proper issuing authority without unnecessary delay. In no |
17 | case may the individual be released from custody without |
18 | first having appeared before the issuing authority. |
19 | (3) Prior to admitting an individual arrested for a |
20 | violation of this section to bail, the issuing authority |
21 | shall require all of the following: |
22 | (i) The individual must be fingerprinted and |
23 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
24 | Subch. H (relating to registration of sexual offenders). |
25 | (ii) The [individual must provide the Pennsylvania |
26 | State Police with all current or intended residences, all |
27 | information concerning current or intended employment, |
28 | including all employment locations, and all information |
29 | concerning current or intended enrollment as a student.] |
30 | following apply: |
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1 | (A) If an individual previously registered with |
2 | the Pennsylvania State Police, the individual shall |
3 | update registration information. |
4 | (B) If an individual did not previously register |
5 | with the Pennsylvania State Police, the individual |
6 | shall register under 42 Pa.C.S. Ch. 97 Subch. H. |
7 | (iii) Law enforcement must make reasonable attempts |
8 | to verify the information provided by the individual. |
9 | (f) [Definition] Definitions.--As used in this section, [the |
10 | term "a similar offense" means an offense similar to an offense |
11 | under either subsection (a)(1) or (2) under the laws of this |
12 | Commonwealth, the United States or one of its territories or |
13 | possessions, another state, the District of Columbia, the |
14 | Commonwealth of Puerto Rico or a foreign nation.] the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection unless the context clearly indicates otherwise: |
17 | "Class 1 sexual offender." As defined in 42 Pa.C.S. § |
18 | 9799.12 (relating to definitions). The term includes a Class 1 |
19 | out-of-State offender. |
20 | "Class 2 sexual offender." As defined in 42 Pa.C.S. § |
21 | 9799.12 (relating to definitions). The term includes a Class 2 |
22 | out-of-State offender. |
23 | "Class 3 sexual offender." As defined in 42 Pa.C.S. § |
24 | 9799.12 (relating to definitions). The term includes a Class 3 |
25 | out-of-State offender. |
26 | "Out-of-State offender." As defined in 42 Pa.C.S. § 9799.12 |
27 | (relating to definitions). |
28 | "Sexually violent predator." As defined in 42 Pa.C.S. § |
29 | 9799.12 (relating to definitions). |
30 | "Similar offense." An offense similar to an offense under |
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1 | either subsection (a)(1) or (2) under the laws of the United |
2 | States or one of its territories or possessions, another state, |
3 | the District of Columbia, a federally recognized Indian tribe or |
4 | a foreign nation. |
5 | Section 1.1. Section 4501 of Title 18 is amended by adding | <-- |
6 | definitions to read: |
7 | § 4501. Definitions. |
8 | Subject to additional definitions contained in subsequent |
9 | provisions of this article which are applicable to specific |
10 | chapters or other provisions of this article, the following |
11 | words and phrases, when used in this article shall have, unless |
12 | the context clearly indicates otherwise, the meanings given to |
13 | them in this section: |
14 | * * * |
15 | "Registration information." As defined in 42 Pa.C.S. § 9792 |
16 | (relating to definitions). |
17 | "Sex offender registration law." As defined in 42 Pa.C.S. § |
18 | 9792 (relating to definitions). |
19 | Section 1.2. Section 4915(a) introductory paragraph, (2) and |
20 | (3), (b) and (c) of Title 18 are amended, subsection (a) is |
21 | amended by adding a paragraph and the section is amended by |
22 | adding a subsection to read: |
23 | § 4915. Failure to comply with registration of sexual offenders |
24 | requirements. |
25 | (a) Offense defined.--An individual who is subject to |
26 | registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to |
27 | registration) or [an individual who is subject to registration |
28 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to |
29 | registration under former 42 Pa.C.S § 9793 (relating to |
30 | registration of certain offenders for ten years) commits an |
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1 | offense if he knowingly fails to: |
2 | * * * |
3 | (2) verify his [address] registration information or be |
4 | photographed as required under 42 Pa.C.S. § 9796 (relating to |
5 | verification of [residence] registration information); [or] |
6 | (3) provide accurate information when registering, |
7 | verifying or updating registration information under 42 |
8 | Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] |
9 | 9796; or |
10 | (4) comply with any sexual offender counseling |
11 | conditions imposed by 42 Pa.C.S. § 9799.4 (relating to |
12 | counseling of sexually violent predators) as a result of |
13 | being designated a sexually violent predator or imposed under |
14 | a sex offender registration statute following conviction in |
15 | another jurisdiction. |
16 | (b) Grading for offenders [who must register for ten years] |
17 | without lifetime registration.-- |
18 | (2) Except as set forth in paragraph (3), an individual |
19 | subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1) |
20 | or former 42 Pa.C.S. § 9793, and required to register as an |
21 | offender for a period of time less than lifetime, who commits |
22 | a violation of subsection (a)(1) or (2) commits a felony of |
23 | the third degree. |
24 | (3) An individual subject to registration under 42 |
25 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
26 | required to register as an offender for a period of time less |
27 | than lifetime, who commits a violation of subsection (a)(1) |
28 | or (2) and who has previously been convicted of an offense |
29 | under subsection (a)(1) or (2) or a similar offense commits a |
30 | felony of the second degree. |
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1 | (4) An individual subject to registration under 42 |
2 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
3 | required to register as an offender for a period of time less |
4 | than lifetime, who violates subsection (a)(3) commits a |
5 | felony of the second degree. |
6 | (c) Grading for sexually violent predators and others with |
7 | lifetime registration.-- |
8 | (2) Except as set forth in paragraph (3), an individual |
9 | subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) |
10 | or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required |
11 | to register as a sexually violent predator or as an offender |
12 | for life, who commits a violation of subsection (a)(1) or (2) |
13 | commits a felony of the second degree. |
14 | (3) An individual subject to registration under 42 |
15 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
16 | Pa.C.S. § 9793, and required to register as a sexually |
17 | violent predator or as an offender for life, who commits a |
18 | violation of subsection (a)(1) or (2) and who has previously |
19 | been convicted of an offense under subsection (a)(1) or (2) |
20 | or a similar offense commits a felony of the first degree. |
21 | (4) An individual subject to registration under 42 |
22 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
23 | Pa.C.S. § 9793, and required to register as a sexually |
24 | violent predator or as an offender for life, who violates |
25 | subsection (a)(3) commits a felony of the first degree. |
26 | (5) An individual subject to registration under 42 |
27 | Pa.C.S. § 9795.1(b) and required to register as a sexually |
28 | violent predator who violates subsection (a)(4) commits a |
29 | felony of the third degree. |
30 | * * * |
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1 | (g) Expiration.--This section shall expire one year after |
2 | the effective date of this subsection. |
3 | Section 1.3. Title 18 is amended by adding a section to |
4 | read: |
5 | § 4915.1. Failure to comply with registration of sexual |
6 | offenders requirements. |
7 | (a) Offense defined.--An individual who is subject to |
8 | registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to |
9 | registration of sexual offenders) commits an offense if he |
10 | knowingly fails to: |
11 | (1) register with the Pennsylvania State Police or |
12 | report a change in registration information as required under |
13 | 42 Pa.C.S. Ch. 97 Subch. H; |
14 | (2) verify his address or registration information or be |
15 | photographed as required under 42 Pa.C.S. Ch. 97 Subch. H; or |
16 | (3) provide accurate information when registering, |
17 | reporting a change in registration or verifying an address or |
18 | registration information as required under 42 Pa.C.S. Ch. 97 |
19 | Subch. H. |
20 | (b) Grading for Class 1 and Class 2 sexual offenders.-- |
21 | (1) Except as set forth in paragraph (3), a Class 1 |
22 | sexual offender or Class 2 sexual offender subject to |
23 | registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a |
24 | violation of subsection (a)(1) or (2) commits a felony of the |
25 | third degree. |
26 | (2) A Class 1 sexual offender or Class 2 sexual offender |
27 | subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who |
28 | commits a violation of subsection (a)(1) or (2) and who has |
29 | previously been convicted of an offense under subsection (a) |
30 | (1) or (2) or a similar offense commits a felony of the |
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1 | second degree. |
2 | (3) A Class 1 sexual offender or Class 2 sexual offender |
3 | subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who |
4 | violates subsection (a)(3) commits a felony of the second |
5 | degree. |
6 | (c) Grading for Class 3 sexual offenders and sexually |
7 | violent predators.-- |
8 | (1) Except as set forth in paragraph (3), a Class 3 |
9 | sexual offender or sexually violent predator subject to |
10 | registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a |
11 | violation of subsection (a)(1) or (2) commits a felony of the |
12 | second degree. |
13 | (2) A Class 3 sexual offender or sexually violent |
14 | predator subject to registration under 42 Pa.C.S. Ch. 97 |
15 | Subch. H who commits a violation of subsection (a)(1) or (2) |
16 | and who has previously been convicted of an offense under |
17 | subsection (a)(1) or (2) or a similar offense commits a |
18 | felony of the first degree. |
19 | (3) A Class 3 sexual offender or sexually violent |
20 | predator subject to registration under 42 Pa.C.S. Ch. 97 |
21 | Subch. H who violates subsection (a)(3) commits a felony of |
22 | the first degree. |
23 | (d) Effect of notice.--Neither failure on the part of the |
24 | Pennsylvania State Police to send nor failure of a sexually |
25 | violent predator or offender to receive any notice or |
26 | information pursuant to 42 Pa.C.S. Ch. 97 Subch. H shall be a |
27 | defense to a prosecution commenced against an individual arising |
28 | from a violation of this section. The provisions of 42 Pa.C.S. § |
29 | 9799.20 (relating to verification of registration information) |
30 | are not an element of an offense under this section. |
|
1 | (e) Arrests for violation.-- |
2 | (1) A police officer shall have the same right of arrest |
3 | without a warrant as in a felony whenever the police officer |
4 | has probable cause to believe an individual has committed a |
5 | violation of this section regardless of whether the violation |
6 | occurred in the presence of the police officer. |
7 | (2) An individual arrested for a violation of this |
8 | section shall be afforded a preliminary arraignment by the |
9 | proper issuing authority without unnecessary delay. In no |
10 | case may the individual be released from custody without |
11 | first having appeared before the issuing authority. |
12 | (3) Prior to admitting an individual arrested for a |
13 | violation of this section to bail, the issuing authority |
14 | shall require all of the following: |
15 | (i) The individual must be fingerprinted and |
16 | photographed in the manner required by 42 Pa.C.S. Ch. 97 |
17 | Subch. H (relating to registration of sexual offenders). |
18 | (ii) The following apply: |
19 | (A) If an individual previously registered with |
20 | the Pennsylvania State Police, the individual shall |
21 | update registration information. |
22 | (B) If an individual did not previously register |
23 | with the Pennsylvania State Police, the individual |
24 | shall register under 42 Pa.C.S. Ch. 97 Subch. H. |
25 | (iii) Law enforcement must make reasonable attempts |
26 | to verify the information provided by the individual. |
27 | (f) Definitions.--As used in this section, the following |
28 | words and phrases shall have the meanings given to them in this |
29 | subsection unless the context clearly indicates otherwise: |
30 | "Class 1 sexual offender." As defined in 42 Pa.C.S. § |
|
1 | 9799.12 (relating to definitions). The term includes a Class 1 |
2 | out-of-State offender. |
3 | "Class 2 sexual offender." As defined in 42 Pa.C.S. § |
4 | 9799.12 (relating to definitions). The term includes a Class 2 |
5 | out-of-State offender. |
6 | "Class 3 sexual offender." As defined in 42 Pa.C.S. § |
7 | 9799.12 (relating to definitions). The term includes a Class 3 |
8 | out-of-State offender. |
9 | "Out-of-State offender." As defined in 42 Pa.C.S. § 9799.12 |
10 | (relating to definitions). |
11 | "Sexually violent predator." As defined in 42 Pa.C.S. § |
12 | 9799.12 (relating to definitions). |
13 | "Similar offense." An offense similar to an offense under |
14 | either subsection (a)(1) or (2) under the laws of the United |
15 | States or one of its territories or possessions, another state, |
16 | the District of Columbia, a federally recognized Indian tribe or |
17 | a foreign nation. |
18 | Section 1.4. Sections 5902(c) and 5903(a)(3), (4) and (5) of |
19 | Title 18 are amended to read: |
20 | § 5902. Prostitution and related offenses. |
21 | * * * |
22 | (c) Grading of offenses under subsection (b).-- |
23 | (1) An offense under subsection (b) constitutes a felony |
24 | of the third degree if: |
25 | (i) the offense falls within paragraphs (b)(1), (b) |
26 | (2) or (b)(3); |
27 | (ii) the actor compels another to engage in or |
28 | promote prostitution; |
29 | (iii) the actor promotes prostitution of a [child |
30 | under the age of 16 years] person under 18 years of age, |
|
1 | whether or not he is aware of the age of the child; |
2 | (iv) the actor promotes prostitution of his spouse, |
3 | child, ward or any person for whose care, protection or |
4 | support he is responsible; or |
5 | (v) the person knowingly promoted prostitution of |
6 | another who was HIV positive or infected with the AIDS |
7 | virus. |
8 | (2) Otherwise the offense is a misdemeanor of the second |
9 | degree. |
10 | * * * |
11 | § 5903. Obscene and other sexual materials and performances. | <-- |
12 | (a) Offenses defined.--No person, knowing the obscene |
13 | character of the materials or performances involved, shall: |
14 | * * * |
15 | (3) (i) design, copy, draw, photograph, print, utter, |
16 | publish or in any manner manufacture or prepare any |
17 | obscene materials; or |
18 | (ii) design, copy, draw, photograph, print, utter, |
19 | publish or in any manner manufacture or prepare any |
20 | obscene materials if the victim is a minor; |
21 | (4) (i) write, print, publish, utter or cause to be |
22 | written, printed, published or uttered any advertisement |
23 | or notice of any kind giving information, directly or |
24 | indirectly, stating or purporting to state where, how, |
25 | from whom, or by what means any obscene materials can be |
26 | purchased, obtained or had; or |
27 | (ii) write, print, publish, utter or cause to be |
28 | written, printed, published or uttered any advertisement |
29 | or notice of any kind giving information, directly or |
30 | indirectly, stating or purporting to state where, how, |
|
1 | from whom or by what means any obscene materials can be |
2 | purchased, obtained or had if the victim is a minor; |
3 | (5) (i) produce, present or direct any obscene |
4 | performance or participate in a portion thereof that is |
5 | obscene or that contributes to its obscenity; or |
6 | (ii) produce, present or direct any obscene |
7 | performance or participate in a portion thereof that is |
8 | obscene or that contributes to its obscenity if the |
9 | victim is a minor; |
10 | * * * |
11 | Section 2. Section 6707(2)(ii) of Title 23 is amended to |
12 | read: |
13 | § 6707. Agency use of designated address. |
14 | State and local government agencies shall accept the |
15 | substitute address designated on a valid program participation |
16 | card issued to the program participant by the Office of Victim |
17 | Advocate as the program participant's address except as follows: |
18 | * * * |
19 | (2) when the program participant is any of the |
20 | following: |
21 | * * * |
22 | (ii) a convicted sexual offender who has fulfilled |
23 | the offender's sentence but must register the offender's |
24 | community residence as required under 42 Pa.C.S. [§§ |
25 | 9795.1 (relating to registration) and 9795.2 (relating to |
26 | registration procedures and applicability)] Ch. 97 Subch. |
27 | H (relating to registration of sexual offenders) or any |
28 | similar registration requirement imposed by any other |
29 | jurisdiction. |
30 | Section 2.1. Sections 6358(a) and (b) and 6403(a)(2), (b)(3) |
|
1 | and (d) of Title 42 are amended to read: |
2 | § 6358. Assessment of delinquent children by the State Sexual |
3 | Offenders Assessment Board. |
4 | (a) General rule.--A child who has been found to be |
5 | delinquent for an act of sexual violence which if committed by |
6 | an adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
7 | rape), 3123 (relating to involuntary deviate sexual |
8 | intercourse), 3124.1 (relating to sexual assault), 3125 |
9 | (relating to aggravated indecent assault), 3126 (relating to |
10 | indecent assault) or 4302 (relating to incest) who is committed |
11 | to an institution or other facility pursuant to section 6352 |
12 | (relating to disposition of delinquent child) and who remains in |
13 | any such institution or facility upon attaining 20 years of age |
14 | shall be subject to an assessment by the board. |
15 | (b) Duty of probation officer.--Ninety days prior to the |
16 | 20th birthday of the child, the probation officer shall have the |
17 | duty to notify the board of the status of the delinquent child |
18 | and the institution or other facility where the child is |
19 | presently committed. The probation officer shall assist the |
20 | board in obtaining access to the child and any information |
21 | required by the board to perform the assessment, including, but |
22 | not limited to, the child's official court record and the |
23 | child's complete juvenile probation file. |
24 | * * * |
25 | § 6403. Court-ordered involuntary treatment. |
26 | (a) Persons subject to involuntary treatment.--A person may |
27 | be subject to court-ordered commitment for involuntary treatment |
28 | under this chapter if the person: |
29 | * * * |
30 | (2) Has been committed to an institution or other |
|
1 | facility pursuant to section 6352 (relating to disposition of |
2 | delinquent child) and remains in [the] any such institution |
3 | or [other] facility upon attaining 20 years of age. |
4 | * * * |
5 | (b) Procedures for initiating court-ordered involuntary |
6 | commitment.-- |
7 | * * * |
8 | (3) The court shall set a date for the hearing which |
9 | shall be held within 30 days of the filing of the petition |
10 | pursuant to paragraph (1) and direct the person to appear for |
11 | the hearing. A copy of the petition and notice of the hearing |
12 | date shall be served on the person, the attorney who |
13 | represented the person at the most recent dispositional |
14 | review hearing pursuant to section 6358(e) and the county |
15 | solicitor or a designee and shall be provided to the director |
16 | of the facility operated by the department under section |
17 | 6406(a) (relating to duty of Department of Public Welfare). |
18 | The person and the attorney who represented the person shall, |
19 | along with copies of the petition, also be provided with |
20 | written notice advising that the person has the right to |
21 | counsel and that, if he cannot afford one, counsel shall be |
22 | appointed for the person. |
23 | * * * |
24 | (d) Determination and order.--Upon a finding by clear and |
25 | convincing evidence that the person has a mental abnormality or |
26 | personality disorder which results in serious difficulty in |
27 | controlling sexually violent behavior that makes the person |
28 | likely to engage in an act of sexual violence, an order shall be |
29 | entered directing the immediate commitment of the person for |
30 | [inpatient] involuntary inpatient treatment to a facility |
|
1 | designated by the department. The order shall be in writing and |
2 | shall be consistent with the protection of the public safety and |
3 | the appropriate control, care and treatment of the person. An |
4 | appeal shall not stay the execution of the order. If the court |
5 | does not order the person to be committed for involuntary |
6 | inpatient treatment by the department, the court shall order the |
7 | director of the facility operated by the department under |
8 | section 6406(a) to destroy the facility's copy of the petition |
9 | and the assessment. |
10 | Section 2.2. Section 6404 heading, (b)(2) and (c) heading, |
11 | (1), (3) and (4) of Title 42 are amended, subsection (c) is |
12 | amended by adding paragraphs and the section is amended by |
13 | adding a subsection to read: |
14 | § 6404. Duration of inpatient commitment and review. |
15 | * * * |
16 | (b) Annual review.-- |
17 | * * * |
18 | (2) The court shall schedule a review hearing which |
19 | shall be conducted pursuant to section 6403(c) (relating to |
20 | court-ordered involuntary treatment) and which shall be held |
21 | no later than 30 days after receipt of both the evaluation |
22 | and the assessment under paragraph (1). Notice of the review |
23 | hearing shall be provided to the person, the attorney who |
24 | represented the person at the previous hearing held pursuant |
25 | to this subsection or section 6403, the district attorney and |
26 | the county solicitor or a designee. The person and the |
27 | person's attorney shall also be provided with written notice |
28 | advising that the person has the right to counsel and that, |
29 | if he cannot afford one, counsel shall be appointed for the |
30 | person. If the court determines by clear and convincing |
|
1 | evidence that the person continues to have serious difficulty |
2 | controlling sexually violent behavior in an inpatient setting | <-- |
3 | while committed for inpatient treatment due to a mental | <-- |
4 | abnormality or personality disorder that makes the person |
5 | likely to engage in an act of sexual violence, the court |
6 | shall order an additional period of involuntary inpatient |
7 | treatment of one year; otherwise, the court shall order the |
8 | [discharge of] department, in consultation with the board, to |
9 | develop an outpatient treatment plan for the person. The |
10 | order shall be in writing and shall be consistent with the |
11 | protection of the public safety and appropriate control, care |
12 | and treatment of the person. |
13 | (c) [Discharge] Outpatient treatment plan.-- |
14 | (1) If at any time the director or a designee of the |
15 | facility to which the person was committed concludes the |
16 | person no longer has serious difficulty in controlling |
17 | sexually violent behavior in an inpatient setting, the |
18 | director shall petition the court for a hearing. Notice of |
19 | the petition shall be given to the person, the attorney who |
20 | represented the person at the previous hearing held pursuant |
21 | to subsection (b) or section 6403, the board, the district |
22 | attorney and the county solicitor. The person and the |
23 | person's attorney shall also be provided with written notice |
24 | advising that the person has the right to counsel and that, |
25 | if he cannot afford one, counsel shall be appointed for the |
26 | person. |
27 | * * * |
28 | (3) Within 15 days after the receipt of the assessment |
29 | from the board, the court shall hold a hearing pursuant to |
30 | section 6403(c). If the court determines by clear and |
|
1 | convincing evidence that the person continues to have serious |
2 | difficulty controlling sexually violent behavior in an | <-- |
3 | inpatient setting while committed for inpatient treatment due | <-- |
4 | to a mental abnormality or personality disorder that makes |
5 | the person likely to engage in an act of sexual violence, the |
6 | court shall order that the person be subject to the remainder |
7 | of the period of inpatient commitment[. Otherwise,]; |
8 | otherwise the court shall order the [discharge of] |
9 | department, in consultation with the board, to develop an |
10 | outpatient treatment plan for the person. |
11 | (4) The department shall provide the person with notice |
12 | of the person's right to petition the court for [discharge] |
13 | transfer to involuntary outpatient treatment over the |
14 | objection of the department. The court, after review of the |
15 | petition, may schedule a hearing pursuant to section 6403(c). |
16 | (5) An outpatient treatment plan shall be in writing and |
17 | shall identify the specific entity that will provide each |
18 | clinical and support service identified in the plan. |
19 | (6) The department shall provide a copy of the |
20 | outpatient treatment plan to the court, the person, the |
21 | attorney who represented the person at the most recent |
22 | hearing under section 6403, the board, the district attorney |
23 | and the county solicitor or a designee. |
24 | (d) Prohibition on discharge.--The court shall not order |
25 | discharge from involuntary treatment until the person has |
26 | completed involuntary outpatient treatment pursuant to section |
27 | 6404.2 (relating to outpatient commitment and review). |
28 | Section 2.3. Title 42 is amended by adding sections to read: |
29 | § 6404.1. Transfer to involuntary outpatient treatment. |
30 | The court may approve or disapprove an outpatient treatment |
|
1 | plan. Upon approval of an outpatient treatment plan, the court |
2 | shall order transfer of the person to involuntary outpatient |
3 | treatment under section 6404.2 (relating to outpatient |
4 | commitment and review). |
5 | § 6404.2. Outpatient commitment and review. |
6 | (a) Terms and conditions.--If a court has ordered the |
7 | transfer of the person to involuntary outpatient treatment under |
8 | section 6404.1 (relating to transfer to involuntary outpatient |
9 | treatment), the court may in its discretion specify the terms |
10 | and conditions of the outpatient commitment, including: |
11 | (1) Absolute compliance with the outpatient treatment |
12 | plan. |
13 | (2) Restrictions and requirements regarding the location |
14 | of the person's residence and the times the person must be |
15 | physically present there. |
16 | (3) Restrictions and requirements regarding areas the |
17 | person is not permitted to visit. |
18 | (4) Restrictions and requirements regarding whom the |
19 | person may contact in any medium. |
20 | (5) Periodic polygraph tests. |
21 | (b) Duration.--The court shall order involuntary outpatient |
22 | treatment for a period of one year. |
23 | (c) Status reports.--An involuntary outpatient treatment |
24 | provider shall submit a report on the person's status and |
25 | clinical progress, on a form prescribed by the department, to |
26 | the facility operated by the department under section 6406(a) |
27 | (relating to duty of Department of Public Welfare) not less than |
28 | every 30 days. |
29 | (d) Failure to comply.--If an involuntary outpatient |
30 | treatment provider becomes aware that the person has violated |
|
1 | any provision of the treatment plan or any term or condition |
2 | specified under subsection (a), or the provider concludes that | <-- |
3 | the person is having serious difficulty controlling sexually |
4 | violent behavior in an outpatient setting due to a mental |
5 | abnormality or personality disorder that makes the person likely |
6 | to engage in an act of sexual violence, the provider shall |
7 | immediately notify the facility operated by the department under |
8 | section 6406(a). The facility shall notify the court by the |
9 | close of the next business day. |
10 | (e) Revocation of transfer.--Upon receiving notice under |
11 | subsection (d) that the person has violated a material term or | <-- |
12 | condition of transfer specified under subsection (a), or that | <-- |
13 | the person is having serious difficulty controlling sexually |
14 | violent behavior in an outpatient setting due to a mental |
15 | abnormality or personality disorder that makes the person likely |
16 | to engage in an act of sexual violence, the court may in its | <-- |
17 | discretion shall revoke the transfer to involuntary outpatient | <-- |
18 | treatment and order the immediate return to involuntary |
19 | inpatient treatment without a prior hearing. The court may issue |
20 | a warrant requiring any law enforcement officer or any person |
21 | authorized by the court to take the person into custody and |
22 | return him or her to involuntary inpatient treatment. The person |
23 | may file a written request for a hearing after revocation of the |
24 | transfer to involuntary treatment. The court shall conduct a |
25 | hearing under section 6403(c) (relating to court-ordered |
26 | involuntary treatment) within ten days of filing of the request. |
27 | (f) Annual review and discharge.-- | <-- |
28 | (1) Sixty days prior to the expiration of the one-year |
29 | outpatient commitment period, the director of the facility or |
30 | a designee shall submit an evaluation and the board shall |
|
1 | submit an assessment of the person to the court. |
2 | (2) The court shall schedule a review hearing which |
3 | shall be conducted under section 6403(c) and which shall be |
4 | held no later than 30 days after receipt of both the |
5 | evaluation and the assessment under paragraph (1). Notice of |
6 | the review hearing shall be provided to the person, the |
7 | attorney who represented the person at the previous hearing |
8 | held under section 6403, the district attorney and the county |
9 | solicitor or a designee. The person and the person's attorney |
10 | shall be provided with written notice advising that the |
11 | person has the right to counsel and that, if he cannot afford |
12 | one, counsel shall be appointed for the person. |
13 | (3) If the court determines by clear and convincing |
14 | evidence that the person has serious difficulty controlling |
15 | sexually violent behavior due to a mental abnormality or |
16 | personality disorder that makes the person likely to engage |
17 | in an act of sexual violence, the court shall order an |
18 | additional period of involuntary inpatient or outpatient | <-- |
19 | treatment of one year, otherwise the court shall order the |
20 | discharge of the person. The order shall be in writing and |
21 | shall be consistent with the protection of the public safety |
22 | and appropriate control, care and treatment of the person. |
23 | (g) Discharge.-- | <-- |
24 | (1) If the director or a designee of the facility |
25 | operated by the department under section 6406(a) concludes |
26 | the person no longer has serious difficulty in controlling |
27 | sexually violent behavior, the director shall petition the |
28 | court for a hearing. Notice of the petition shall be given to |
29 | the person, the attorney who represented the person at the |
30 | previous hearing held under section 6403, the board, the |
|
1 | district attorney and the county solicitor. The person and |
2 | the person's attorney shall also be provided with written |
3 | notice advising that the person has the right to counsel and |
4 | that, if he cannot afford one, counsel shall be appointed for |
5 | the person. |
6 | (2) Upon receipt of notice under paragraph (1), the |
7 | board shall conduct a new assessment within 30 days and |
8 | provide that assessment to the court. |
9 | (3) Within 15 days after the petition has been filed, |
10 | the court shall hold a hearing under section 6403(c). If the |
11 | court determines the person no longer has serious difficulty |
12 | controlling sexually violent behavior, the court shall order |
13 | the discharge of the person. If the court denies the |
14 | petition, the person shall be subject to the remainder of the |
15 | period of outpatient commitment. |
16 | (h) Notice.--The involuntary outpatient treatment provider |
17 | shall provide the person with notice of the person's right to |
18 | petition the court for discharge. The court, after review of the |
19 | petition, may schedule a hearing under section 6403(c). |
20 | Section 2.4. Section 6406(a) of Title 42 is amended to read: |
21 | § 6406. Duty of Department of Public Welfare. |
22 | (a) General rule.--The department shall have the duty to |
23 | provide a separate, secure State-owned facility or unit utilized |
24 | solely for the control, care and treatment of persons committed |
25 | pursuant to this chapter. The department shall be responsible |
26 | for all costs relating to the control, care and treatment of |
27 | persons committed to [custody] involuntary treatment pursuant to |
28 | this chapter. |
29 | * * * |
30 | Section 2.5. Section 6409 of Title 42 is amended by adding a |
|
1 | paragraph to read: |
2 | § 6409. Immunity for good faith conduct. |
3 | The following entities shall be immune from liability for |
4 | good faith conduct under this subchapter: |
5 | * * * |
6 | (4) Providers of involuntary outpatient treatment and |
7 | their agents and employees. |
8 | Section 3. Sections 9718.1(a) introductory paragraph and |
9 | (b)(2), 9718.2(a) and 9718.3(a) and 9718.2(a) of Title 42 are | <-- |
10 | amended to read: |
11 | § 9718.1. Sexual offender treatment. |
12 | (a) General rule.--A person, including an offender |
13 | designated as a "sexually violent predator" as defined in |
14 | section [9792] 9799.12 (relating to definitions), shall attend |
15 | and participate in a Department of Corrections program of |
16 | counseling or therapy designed for incarcerated sex offenders if |
17 | the person is incarcerated in a State institution for any of the |
18 | following provisions under 18 Pa.C.S. (relating to crimes and |
19 | offenses): |
20 | * * * |
21 | (b) Eligibility for parole.--For an offender required to |
22 | participate in the program under subsection (a), all of the |
23 | following apply: |
24 | * * * |
25 | (2) Notwithstanding paragraph (1)(iii), an offender who |
26 | is a sexually violent predator is subject to section [9799.4] |
27 | 9799.31 (relating to counseling of sexually violent |
28 | predators). |
29 | * * * |
30 | § 9718.2. Sentences for sex offenders. |
|
1 | (a) Mandatory sentence.-- |
2 | (1) Any person who is convicted in any court of this |
3 | Commonwealth of an offense [set forth in] subject to section |
4 | [9795.1(a) or (b)] 9799.13 (relating to registration) shall, |
5 | if at the time of the commission of the current offense the |
6 | person had previously been convicted of an offense [set forth |
7 | in] subject to section [9795.1(a) or (b)] 9799.13 or an |
8 | equivalent crime under the laws of this Commonwealth in |
9 | effect at the time of the commission of that offense or an |
10 | equivalent crime in another jurisdiction, be sentenced to a |
11 | minimum sentence of at least 25 years of total confinement, |
12 | notwithstanding any other provision of this title or other |
13 | statute to the contrary. Upon such conviction, the court |
14 | shall give the person oral and written notice of the |
15 | penalties under paragraph (2) for a third conviction. Failure |
16 | to provide such notice shall not render the offender |
17 | ineligible to be sentenced under paragraph (2). |
18 | (2) Where the person had at the time of the commission |
19 | of the current offense previously been convicted in separate |
20 | criminal actions of two or more offenses [arising from |
21 | separate criminal transactions set forth in section 9795.1(a) |
22 | or (b)] subject to section 9799.30 (relating to counseling of |
23 | sexually violent predators) or equivalent crimes under the |
24 | laws of this Commonwealth in effect at the time of the |
25 | commission of the offense or equivalent crimes in another |
26 | jurisdiction, the person shall be sentenced to a term of life |
27 | imprisonment, notwithstanding any other provision of this |
28 | title or other statute to the contrary. Proof that the |
29 | offender received notice of or otherwise knew or should have |
30 | known of the penalties under this paragraph shall not be |
|
1 | required. |
2 | * * * |
3 | § 9718.3. Sentence for failure to comply with registration of | <-- |
4 | sexual offenders. |
5 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
6 | follows: |
7 | (1) Sentencing upon conviction for a first offense shall |
8 | be as follows: |
9 | (i) Not less than two years for an individual who: |
10 | (A) was subject to: |
11 | (I) former section 9795.1(a) (relating to |
12 | registration); |
13 | (II) registration as a Class 1 sexual |
14 | offender or Class 2 sexual offender under Subch. |
15 | H (relating to registration of sexual offenders); |
16 | or |
17 | (III) a similar provision from another |
18 | jurisdiction; and |
19 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
20 | (relating to failure to comply with registration of |
21 | sexual offenders requirements). |
22 | (ii) Not less than three years for an individual |
23 | who: |
24 | (A) was subject to: |
25 | (I) former section 9795.1(a) [(relating to |
26 | registration)]; |
27 | (II) registration as a Class 1 sexual |
28 | offender or Class 2 sexual offender under Subch. |
29 | H; or |
30 | (III) a similar provision from another |
|
1 | jurisdiction; and |
2 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
3 | (iii) Not less than three years for an individual |
4 | who: |
5 | (A) was subject to: |
6 | (I) former section 9795.1(b); |
7 | (II) registration as a Class 3 sexual |
8 | offender or sexually violent predator under |
9 | Subch. H; or |
10 | (III) a similar provision from another |
11 | jurisdiction; and |
12 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
13 | (iv) Not less than five years for an individual who: |
14 | (A) was subject to: |
15 | (I) former section 9795.1(b); |
16 | (II) registration as a Class 3 sexual |
17 | offender or sexually violent predator under |
18 | Subch. H; or |
19 | (III) a similar provision from another |
20 | jurisdiction; and |
21 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
22 | (2) Sentencing upon conviction for a second or |
23 | subsequent offense shall be as follows: |
24 | (i) Not less than five years for an individual who: |
25 | (A) was subject to: |
26 | (I) former section 9795.1; |
27 | (II) registration under Subch. H; or |
28 | (III) a similar provision from another |
29 | jurisdiction; and |
30 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
|
1 | (ii) Not less than seven years for an individual |
2 | who: |
3 | (A) was subject to: |
4 | (I) section 9795.1; |
5 | (II) registration under Subch. H; or |
6 | (III) a similar provision from another |
7 | jurisdiction; and |
8 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
9 | * * * |
10 | Section 4. Sections 9791, 9792, 9795.1, 9795.2, 9795.3, |
11 | 9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799, |
12 | 9799.1, 9799.2, 9799.3, 9799.4, 9799.7,. 9799.8 and 9799.9 of |
13 | Title 42 are repealed: |
14 | [§ 9791. Legislative findings and declaration of policy. |
15 | (a) Legislative findings.--It is hereby determined and |
16 | declared as a matter of legislative finding: |
17 | (1) If the public is provided adequate notice and |
18 | information about sexually violent predators and certain |
19 | other offenders, the community can develop constructive plans |
20 | to prepare themselves and their children for the offender's |
21 | release. This allows communities to meet with law enforcement |
22 | to prepare and obtain information about the rights and |
23 | responsibilities of the community and to provide education |
24 | and counseling to their children. |
25 | (2) These sexually violent predators pose a high risk of |
26 | engaging in further offenses even after being released from |
27 | incarceration or commitments and that protection of the |
28 | public from this type of offender is a paramount governmental |
29 | interest. |
30 | (3) The penal and mental health components of our |
|
1 | justice system are largely hidden from public view and lack |
2 | of information from either may result in failure of both |
3 | systems to meet this paramount concern of public safety. |
4 | (4) Overly restrictive confidentiality and liability |
5 | laws governing the release of information about sexually |
6 | violent predators have reduced the willingness to release |
7 | information that could be appropriately released under the |
8 | public disclosure laws and have increased risks to public |
9 | safety. |
10 | (5) Persons found to have committed such an offense have |
11 | a reduced expectation of privacy because of the public's |
12 | interest in public safety and in the effective operation of |
13 | government. |
14 | (6) Release of information about sexually violent |
15 | predators to public agencies and the general public will |
16 | further the governmental interests of public safety and |
17 | public scrutiny of the criminal and mental health systems so |
18 | long as the information released is rationally related to the |
19 | furtherance of those goals. |
20 | (b) Declaration of policy.--It is hereby declared to be the |
21 | intention of the General Assembly to protect the safety and |
22 | general welfare of the people of this Commonwealth by providing |
23 | for registration and community notification regarding sexually |
24 | violent predators who are about to be released from custody and |
25 | will live in or near their neighborhood. It is further declared |
26 | to be the policy of this Commonwealth to require the exchange of |
27 | relevant information about sexually violent predators among |
28 | public agencies and officials and to authorize the release of |
29 | necessary and relevant information about sexually violent |
30 | predators to members of the general public as a means of |
|
1 | assuring public protection and shall not be construed as |
2 | punitive. |
3 | § 9792. Definitions. |
4 | The following words and phrases when used in this subchapter |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Active notification." Notification pursuant to section 9798 |
8 | (relating to other notification) or any process whereby law |
9 | enforcement, pursuant to the laws of the United States or one of |
10 | its territories or possessions, another state, the District of |
11 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
12 | notifies persons in the community in which the individual |
13 | resides, including any person identified in section 9798(b), of |
14 | the residence, employment or school location of the individual. |
15 | "Approved registration site." A site in this Commonwealth |
16 | approved by the Pennsylvania State Police as required by section |
17 | 9799.1(2) (relating to duties of Pennsylvania State Police): |
18 | (1) at which individuals subject to this subchapter may |
19 | register, verify information or be fingerprinted or |
20 | photographed as required by this subchapter; |
21 | (2) which is capable of submitting fingerprints |
22 | utilizing the Integrated Automated Fingerprint Identification |
23 | System or in another manner and in such form as the |
24 | Pennsylvania State Police shall require; and |
25 | (3) which is capable of submitting photographs utilizing |
26 | the Commonwealth Photo Imaging Network or in another manner |
27 | and in such form as the Pennsylvania State Police shall |
28 | require. |
29 | "Board." The State Sexual Offenders Assessment Board. |
30 | "Common interest community." Includes a cooperative, a |
|
1 | condominium and a planned community where an individual by |
2 | virtue of an ownership interest in any portion of real estate is |
3 | or may become obligated by covenant, easement or agreement |
4 | imposed upon the owner's interest to pay any amount for real |
5 | property taxes, insurance, maintenance, repair, improvement, |
6 | management, administration or regulation of any part of the real |
7 | estate other than the portion or interest owned solely by the |
8 | individual. |
9 | "Commonwealth Photo Imaging Network." The computer network |
10 | administered by the Commonwealth and used to record and store |
11 | digital photographs of an individual's face and any scars, |
12 | marks, tattoos or other unique features of the individual. |
13 | "Employed." Includes a vocation or employment that is full- |
14 | time or part-time for a period of time exceeding 14 days or for |
15 | an aggregate period of time exceeding 30 days during any |
16 | calendar year, whether financially compensated, volunteered, |
17 | pursuant to a contract or for the purpose of government or |
18 | educational benefit. |
19 | "Integrated Automated Fingerprint Identification System." |
20 | The national fingerprint and criminal history system maintained |
21 | by the Federal Bureau of Investigation providing automated |
22 | fingerprint search capabilities, latent searching capability, |
23 | electronic image storage and electronic exchange of fingerprints |
24 | and responses. |
25 | "Mental abnormality." A congenital or acquired condition of |
26 | a person that affects the emotional or volitional capacity of |
27 | the person in a manner that predisposes that person to the |
28 | commission of criminal sexual acts to a degree that makes the |
29 | person a menace to the health and safety of other persons. |
30 | "Minor." As used in section 9795.1 (relating to |
|
1 | registration), is any individual under the age of 18 unless the |
2 | age of the victim who is considered a minor is otherwise defined |
3 | in section 9795.1. |
4 | "Municipality." A city, borough, incorporated town or |
5 | township. |
6 | "Offender." An individual required to register under section |
7 | 9795.1(a), (b)(1) or (2) (relating to registration). |
8 | "Passive notification." Notification pursuant to section |
9 | 9798.1 (relating to information made available on the Internet) |
10 | or any process whereby persons, pursuant to the laws of the |
11 | United States or one of its territories or possessions, another |
12 | state, the District of Columbia, the Commonwealth of Puerto Rico |
13 | or a foreign nation, are able to access information pertaining |
14 | to an individual as a result of the individual having been |
15 | convicted or sentenced by a court for an offense similar to an |
16 | offense listed in section 9795.1 (relating to registration). |
17 | "Penetration." Includes any penetration, however slight, of |
18 | the genitals or anus or mouth of another person with a part of |
19 | the person's body or a foreign object for any purpose other than |
20 | good faith medical, hygienic or law enforcement procedures. |
21 | "Predatory." An act directed at a stranger or at a person |
22 | with whom a relationship has been initiated, established, |
23 | maintained or promoted, in whole or in part, in order to |
24 | facilitate or support victimization. |
25 | "Residence." A location where an individual resides or is |
26 | domiciled or intends to be domiciled for 30 consecutive days or |
27 | more during a calendar year. |
28 | "Sexually violent offense." Any criminal offense specified |
29 | in section 9795.1 (relating to registration). |
30 | "Sexually violent predator." A person who has been convicted |
|
1 | of a sexually violent offense as set forth in section 9795.1 |
2 | (relating to registration) and who is determined to be a |
3 | sexually violent predator under section 9795.4 (relating to |
4 | assessments) due to a mental abnormality or personality disorder |
5 | that makes the person likely to engage in predatory sexually |
6 | violent offenses. The term includes an individual determined to |
7 | be a sexually violent predator where the determination occurred |
8 | in the United States or one of its territories or possessions, |
9 | another state, the District of Columbia, the Commonwealth of |
10 | Puerto Rico, a foreign nation or by court martial. |
11 | "Student." A person who is enrolled on a full-time or part- |
12 | time basis in any public or private educational institution, |
13 | including any secondary school, trade or professional |
14 | institution or institution of higher education. |
15 | § 9795.1. Registration. |
16 | (a) Ten-year registration.--The following individuals shall |
17 | be required to register with the Pennsylvania State Police for a |
18 | period of ten years: |
19 | (1) Individuals convicted of any of the following |
20 | offenses: |
21 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
22 | victim is a minor. |
23 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
24 | motor vehicle or structure). |
25 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
26 | assault). |
27 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
28 | where the offense is graded as a misdemeanor of the first |
29 | degree or higher. |
30 | 18 Pa.C.S. § 4302 (relating to incest) where the |
|
1 | victim is 12 years of age or older but under 18 years of |
2 | age. |
3 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
4 | related offenses) where the actor promotes the |
5 | prostitution of a minor. |
6 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
7 | obscene and other sexual materials and performances) |
8 | where the victim is a minor. |
9 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
10 | children). |
11 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
12 | minor). |
13 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
14 | children). |
15 | (2) Individuals convicted of an attempt, conspiracy or |
16 | solicitation to commit any of the offenses under paragraph |
17 | (1) or subsection (b)(2). |
18 | (3) Individuals currently residing in this Commonwealth |
19 | who have been convicted of offenses similar to the crimes |
20 | cited in paragraphs (1) and (2) under the laws of the United |
21 | States or one of its territories or possessions, another |
22 | state, the District of Columbia, the Commonwealth of Puerto |
23 | Rico or a foreign nation or under a former law of this |
24 | Commonwealth. |
25 | (b) Lifetime registration.--The following individuals shall |
26 | be subject to lifetime registration: |
27 | (1) An individual with two or more convictions of any of |
28 | the offenses set forth in subsection (a). |
29 | (2) Individuals convicted of any of the following |
30 | offenses: |
|
1 | 18 Pa.C.S. § 3121 (relating to rape). |
2 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
3 | sexual intercourse). |
4 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
5 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
6 | assault). |
7 | 18 Pa.C.S. § 4302 (relating to incest) when the |
8 | victim is under 12 years of age. |
9 | (3) Sexually violent predators. |
10 | (4) Individuals currently residing in this Commonwealth |
11 | who have been convicted of offenses similar to the crimes |
12 | cited in paragraph (2) under the laws of the United States or |
13 | one of its territories or possessions, another state, the |
14 | District of Columbia, the Commonwealth of Puerto Rico or a |
15 | foreign nation or under a former law of this Commonwealth. |
16 | (c) Natural disaster.--The occurrence of a natural disaster |
17 | or other event requiring evacuation of residences shall not |
18 | relieve an individual of the duty to register or any other duty |
19 | imposed by this chapter. |
20 | § 9795.2. Registration procedures and applicability. |
21 | (a) Registration.-- |
22 | (1) Offenders and sexually violent predators shall be |
23 | required to register with the Pennsylvania State Police upon |
24 | release from incarceration, upon parole from a State or |
25 | county correctional institution or upon the commencement of a |
26 | sentence of intermediate punishment or probation. For |
27 | purposes of registration, offenders and sexually violent |
28 | predators shall provide the Pennsylvania State Police with |
29 | all current or intended residences, all information |
30 | concerning current or intended employment and all information |
|
1 | concerning current or intended enrollment as a student. |
2 | (2) Offenders and sexually violent predators shall |
3 | inform the Pennsylvania State Police within 48 hours of: |
4 | (i) Any change of residence or establishment of an |
5 | additional residence or residences. |
6 | (ii) Any change of employer or employment location |
7 | for a period of time that will exceed 14 days or for an |
8 | aggregate period of time that will exceed 30 days during |
9 | any calendar year, or termination of employment. |
10 | (iii) Any change of institution or location at which |
11 | the person is enrolled as a student, or termination of |
12 | enrollment. |
13 | (iv) Becoming employed or enrolled as a student if |
14 | the person has not previously provided that information |
15 | to the Pennsylvania State Police. |
16 | (2.1) Registration with a new law enforcement agency |
17 | shall occur no later than 48 hours after establishing |
18 | residence in another state. |
19 | (3) The ten-year registration period required in section |
20 | 9795.1(a) (relating to registration) shall be tolled when an |
21 | offender is recommitted for a parole violation or sentenced |
22 | to an additional term of imprisonment. In such cases, the |
23 | Department of Corrections or county correctional facility |
24 | shall notify the Pennsylvania State Police of the admission |
25 | of the offender. |
26 | (4) This paragraph shall apply to all offenders and |
27 | sexually violent predators: |
28 | (i) Where the offender or sexually violent predator |
29 | was granted parole by the Pennsylvania Board of Probation |
30 | and Parole or the court or is sentenced to probation or |
|
1 | intermediate punishment, the board or county office of |
2 | probation and parole shall collect registration |
3 | information from the offender or sexually violent |
4 | predator and forward that registration information to the |
5 | Pennsylvania State Police. The Department of Corrections |
6 | or county correctional facility shall not release the |
7 | offender or sexually violent predator until it receives |
8 | verification from the Pennsylvania State Police that it |
9 | has received the registration information. Verification |
10 | by the Pennsylvania State Police may occur by electronic |
11 | means, including e-mail or facsimile transmission. Where |
12 | the offender or sexually violent predator is scheduled to |
13 | be released from a State correctional facility or county |
14 | correctional facility because of the expiration of the |
15 | maximum term of incarceration, the Department of |
16 | Corrections or county correctional facility shall collect |
17 | the information from the offender or sexually violent |
18 | predator no later than ten days prior to the maximum |
19 | expiration date. The registration information shall be |
20 | forwarded to the Pennsylvania State Police. |
21 | (ii) Where the offender or sexually violent predator |
22 | scheduled to be released from a State correctional |
23 | facility or county correctional facility due to the |
24 | maximum expiration date refuses to provide the |
25 | registration information, the Department of Corrections |
26 | or county correctional facility shall notify the |
27 | Pennsylvania State Police or police department with |
28 | jurisdiction over the facility of the failure to provide |
29 | registration information and of the expected date, time |
30 | and location of the release of the offender or sexually |
|
1 | violent predator. |
2 | (b) Individuals convicted or sentenced by a court or |
3 | adjudicated delinquent in jurisdictions outside this |
4 | Commonwealth or sentenced by court martial.-- |
5 | (4) An individual who resides, is employed or is a |
6 | student in this Commonwealth and who has been convicted of or |
7 | sentenced by a court or court martialed for a sexually |
8 | violent offense or a similar offense under the laws of the |
9 | United States or one of its territories or possessions, |
10 | another state, the District of Columbia, the Commonwealth of |
11 | Puerto Rico or a foreign nation, or who was required to |
12 | register under a sexual offender statute in the jurisdiction |
13 | where convicted, sentenced or court martialed, shall register |
14 | at an approved registration site within 48 hours of the |
15 | individual's arrival in this Commonwealth. The provisions of |
16 | this subchapter shall apply to the individual as follows: |
17 | (i) If the individual has been classified as a |
18 | sexually violent predator as defined in section 9792 |
19 | (relating to definitions) or determined under the laws of |
20 | the other jurisdiction or by reason of court martial to |
21 | be subject to active notification and lifetime |
22 | registration on the basis of a statutorily authorized |
23 | administrative or judicial decision or on the basis of a |
24 | statute or administrative rule requiring active |
25 | notification and lifetime registration based solely on |
26 | the offense for which the individual was convicted, |
27 | sentenced or court martialed, the individual shall, |
28 | notwithstanding section 9792, be considered a sexually |
29 | violent predator and subject to lifetime registration |
30 | pursuant to section 9795.1(b) (relating to registration). |
|
1 | The individual shall also be subject to the provisions of |
2 | this section and sections 9796 (relating to verification |
3 | of residence), 9798 (relating to other notification) and |
4 | 9798.1(c)(1) (relating to information made available on |
5 | the Internet), except that the individual shall not be |
6 | required to receive counseling unless required to do so |
7 | by the other jurisdiction or by reason of court martial. |
8 | (ii) Except as provided in subparagraphs (i) and |
9 | (iv), if the individual has been convicted or sentenced |
10 | by a court or court martialed for an offense listed in |
11 | section 9795.1(b) or an equivalent offense, the |
12 | individual shall, notwithstanding section 9792, be |
13 | considered an offender and be subject to lifetime |
14 | registration pursuant to 9795.1(b). The individual shall |
15 | also be subject to the provisions of this section and |
16 | sections 9796 and 9798.1(c)(2). |
17 | (iii) Except as provided in subparagraphs (i), (ii), |
18 | (iv) and (v), if the individual has been convicted or |
19 | sentenced by a court or court martialed for an offense |
20 | listed in section 9795.1(a) or an equivalent offense, the |
21 | individual shall be, notwithstanding section 9792, |
22 | considered an offender and subject to registration |
23 | pursuant to this subchapter. The individual shall also be |
24 | subject to the provisions of this section and sections |
25 | 9796 and 9798.1(c)(2). The individual shall be subject to |
26 | this subchapter for a period of ten years or for a period |
27 | of time equal to the time for which the individual was |
28 | required to register in the other jurisdiction or |
29 | required to register by reason of court martial, |
30 | whichever is greater, less any credit due to the |
|
1 | individual as a result of prior compliance with |
2 | registration requirements. |
3 | (iv) Except as provided in subparagraph (i) and |
4 | notwithstanding subparagraph (v), if the individual is |
5 | subject to active notification in the other jurisdiction |
6 | or subject to active notification by reason of court |
7 | martial, the individual shall, notwithstanding section |
8 | 9792, be considered an offender and subject to this |
9 | section and sections 9796, 9798 and 9798.1(c)(1). If the |
10 | individual was convicted of or sentenced in the other |
11 | jurisdiction or sentenced by court martial for an offense |
12 | listed in section 9795.1(b) or an equivalent offense, the |
13 | individual shall be subject to this subchapter for the |
14 | individual's lifetime. If the individual was convicted of |
15 | or sentenced in the other jurisdiction or sentenced by |
16 | court martial for an offense listed in section 9795.1(a) |
17 | or an equivalent offense, the individual shall be subject |
18 | to this subchapter for a period of ten years or for a |
19 | period of time equal to the time for which the individual |
20 | was required to register in the other jurisdiction or |
21 | required to register by reason of court martial, |
22 | whichever is greater, less any credit due to the |
23 | individual as a result of prior compliance with |
24 | registration requirements. Otherwise, the individual |
25 | shall be subject to this subchapter for a period of time |
26 | equal to the time for which the individual was required |
27 | to register in the other jurisdiction or required to |
28 | register by reason of court martial, less any credit due |
29 | to the individual as a result of prior compliance with |
30 | registration requirements. |
|
1 | (v) Except as provided in subparagraphs (i), (ii), |
2 | (iii) and (iv), if the individual is subject to passive |
3 | notification in the other jurisdiction or subject to |
4 | passive notification by reason of court martial, the |
5 | individual shall, notwithstanding section 9792, be |
6 | considered an offender and subject to this section and |
7 | sections 9796 and 9798.1(c)(2). The individual shall be |
8 | subject to this subchapter for a period of time equal to |
9 | the time for which the individual was required to |
10 | register in the other jurisdiction or required to |
11 | register by reason of court martial, less any credit due |
12 | to the individual as a result of prior compliance with |
13 | registration requirements. |
14 | (5) Notwithstanding the provisions of Chapter 63 |
15 | (relating to juvenile matters) and except as provided in |
16 | paragraph (4), an individual who resides, is employed or is a |
17 | student in this Commonwealth and who is required to register |
18 | as a sex offender under the laws of the United States or one |
19 | of its territories or possessions, another state, the |
20 | District of Columbia, the Commonwealth of Puerto Rico or a |
21 | foreign nation as a result of a juvenile adjudication shall |
22 | register at an approved registration site within 48 hours of |
23 | the individual's arrival in this Commonwealth. The provisions |
24 | of this subchapter shall apply to the individual as follows: |
25 | (i) If the individual has been classified as a |
26 | sexually violent predator as defined in section 9792 or |
27 | determined under the laws of the other jurisdiction to be |
28 | subject to active notification and lifetime registration |
29 | on the basis of a statutorily authorized administrative |
30 | or judicial decision or on the basis of a statute or |
|
1 | administrative rule requiring active notification and |
2 | lifetime registration based solely on the offense for |
3 | which the individual was adjudicated, the individual |
4 | shall, notwithstanding section 9792, be considered a |
5 | sexually violent predator and subject to lifetime |
6 | registration pursuant to section 9795.1(b). The |
7 | individual shall also be subject to the provisions of |
8 | this section and sections 9796 and 9798.1(c)(1), except |
9 | that the individual shall not be required to receive |
10 | counseling unless required to do so by the other |
11 | jurisdiction. |
12 | (ii) Except as provided in subparagraph (i), if the |
13 | individual is subject to active notification in the other |
14 | jurisdiction, the individual shall, notwithstanding |
15 | section 9792, be considered an offender and subject to |
16 | registration pursuant to this subchapter. The individual |
17 | shall also be subject to the provisions of this section |
18 | and sections 9796, 9798 and 9798.1(c)(1). The individual |
19 | shall be subject to this subchapter for a period of time |
20 | equal to the time for which the individual was required |
21 | to register in the other jurisdiction, less any credit |
22 | due to the individual as a result of prior compliance |
23 | with registration requirements. |
24 | (iii) Except as provided in subparagraphs (i) and |
25 | (ii), if the individual is subject to passive |
26 | notification in the other jurisdiction, the individual |
27 | shall, notwithstanding section 9792, be considered an |
28 | offender and be subject to this section and sections 9796 |
29 | and 9798.1(c)(2). The individual shall be subject to this |
30 | subchapter for a period of time equal to the time for |
|
1 | which the individual was required to register in the |
2 | other jurisdiction, less any credit due to the individual |
3 | as a result of prior registration compliance. |
4 | (c) Registration information to local police.-- |
5 | (1) The Pennsylvania State Police shall provide the |
6 | information obtained under this section and sections 9795.3 |
7 | (relating to sentencing court information) and 9796 (relating |
8 | to verification of residence) to the chief law enforcement |
9 | officers of the police departments of the municipalities in |
10 | which the individual will reside, be employed or enrolled as |
11 | a student. In addition, the Pennsylvania State Police shall |
12 | provide this officer with the address at which the individual |
13 | will reside, be employed or enrolled as a student following |
14 | his release from incarceration, parole or probation. |
15 | (2) The Pennsylvania State Police shall provide notice |
16 | to the chief law enforcement officers of the police |
17 | departments of the municipalities notified pursuant to |
18 | paragraph (1) when an individual fails to comply with the |
19 | registration requirements of this section or section 9796 and |
20 | request, as appropriate, that these police departments assist |
21 | in locating and apprehending the individual. |
22 | (3) The Pennsylvania State Police shall provide notice |
23 | to the chief law enforcement officers of the police |
24 | departments of the municipalities notified pursuant to |
25 | paragraph (1) when they are in receipt of information |
26 | indicating that the individual will no longer reside, be |
27 | employed or be enrolled as a student in the municipality. |
28 | (d) Penalty.--An individual subject to registration under |
29 | section 9795.1(a) or (b) who fails to register with the |
30 | Pennsylvania State Police as required by this section may be |
|
1 | subject to prosecution under 18 Pa.C.S. § 4915 (relating to |
2 | failure to comply with registration of sexual offenders |
3 | requirements). |
4 | (e) Registration sites.--An individual subject to section |
5 | 9795.1 shall register and submit to fingerprinting and |
6 | photographing as required by this subchapter at approved |
7 | registration sites. |
8 | § 9795.3. Sentencing court information. |
9 | The sentencing court shall inform offenders and sexually |
10 | violent predators at the time of sentencing of the provisions of |
11 | this subchapter. The court shall: |
12 | (1) Specifically inform the offender or sexually violent |
13 | predator of the duty to register and provide the information |
14 | required for each registration, including verification as |
15 | required in section 9796(a) (relating to verification of |
16 | residence). |
17 | (2) Specifically inform the offender or sexually violent |
18 | predator of the duty to inform the Pennsylvania State Police |
19 | within ten days if the offender or sexually violent predator |
20 | changes residence or establishes an additional residence or |
21 | residences, changes employer or employment location for a |
22 | period of time that will exceed 14 days or for an aggregate |
23 | period of time that will exceed 30 days during any calendar |
24 | year or terminates employment or changes institution or |
25 | location at which the person is enrolled as a student or |
26 | terminates enrollment. |
27 | (2.1) Specifically inform the offender or sexually |
28 | violent predator of the duty to inform the Pennsylvania State |
29 | Police within ten days of becoming employed or enrolled as a |
30 | student if the person has not previously provided that |
|
1 | information to the Pennsylvania State Police. |
2 | (3) Specifically inform the offender or sexually violent |
3 | predator of the duty to register with a new law enforcement |
4 | agency if the offender or sexually violent predator moves to |
5 | another state no later than ten days after establishing |
6 | residence in another state. |
7 | (4) Order the fingerprints and photograph of the |
8 | offender or sexually violent predator to be provided to the |
9 | Pennsylvania State Police upon sentencing. |
10 | (5) Specifically inform the offender or sexually violent |
11 | predator of the duty to register with the appropriate |
12 | authorities in any state in which the offender or sexually |
13 | violent predator is employed, carries on a vocation or is a |
14 | student if the state requires such registration. |
15 | (6) Require the offender or sexually violent predator to |
16 | read and sign a form stating that the duty to register under |
17 | this subchapter has been explained. Where the offender or |
18 | sexually violent predator is incapable of reading, the court |
19 | shall certify the duty to register was explained to the |
20 | offender or sexually violent predator and the offender or |
21 | sexually violent predator indicated an understanding of the |
22 | duty. |
23 | § 9795.4. Assessments. |
24 | (a) Order for assessment.--After conviction but before |
25 | sentencing, a court shall order an individual convicted of an |
26 | offense specified in section 9795.1 (relating to registration) |
27 | to be assessed by the board. The order for an assessment shall |
28 | be sent to the administrative officer of the board within ten |
29 | days of the date of conviction. |
30 | (b) Assessment.--Upon receipt from the court of an order for |
|
1 | an assessment, a member of the board as designated by the |
2 | administrative officer of the board shall conduct an assessment |
3 | of the individual to determine if the individual should be |
4 | classified as a sexually violent predator. The board shall |
5 | establish standards for evaluations and for evaluators |
6 | conducting the assessments. An assessment shall include, but not |
7 | be limited to, an examination of the following: |
8 | (1) Facts of the current offense, including: |
9 | (i) Whether the offense involved multiple victims. |
10 | (ii) Whether the individual exceeded the means |
11 | necessary to achieve the offense. |
12 | (iii) The nature of the sexual contact with the |
13 | victim. |
14 | (iv) Relationship of the individual to the victim. |
15 | (v) Age of the victim. |
16 | (vi) Whether the offense included a display of |
17 | unusual cruelty by the individual during the commission |
18 | of the crime. |
19 | (vii) The mental capacity of the victim. |
20 | (2) Prior offense history, including: |
21 | (i) The individual's prior criminal record. |
22 | (ii) Whether the individual completed any prior |
23 | sentences. |
24 | (iii) Whether the individual participated in |
25 | available programs for sexual offenders. |
26 | (3) Characteristics of the individual, including: |
27 | (i) Age of the individual. |
28 | (ii) Use of illegal drugs by the individual. |
29 | (iii) Any mental illness, mental disability or |
30 | mental abnormality. |
|
1 | (iv) Behavioral characteristics that contribute to |
2 | the individual's conduct. |
3 | (4) Factors that are supported in a sexual offender |
4 | assessment field as criteria reasonably related to the risk |
5 | of reoffense. |
6 | (c) Release of information.--All State, county and local |
7 | agencies, offices or entities in this Commonwealth, including |
8 | juvenile probation officers, shall cooperate by providing copies |
9 | of records and information as requested by the board in |
10 | connection with the court-ordered assessment and the assessment |
11 | requested by the Pennsylvania Board of Probation and Parole or |
12 | the assessment of a delinquent child under section 6358 |
13 | (relating to assessment of delinquent children by the State |
14 | Sexual Offenders Assessment Board). |
15 | (d) Submission of report by board.--The board shall have 90 |
16 | days from the date of conviction of the individual to submit a |
17 | written report containing its assessment to the district |
18 | attorney. |
19 | (d.1) Summary of offense.--The board shall prepare a |
20 | description of the offense or offenses which trigger the |
21 | application of this subchapter to include, but not be limited |
22 | to: |
23 | (1) A concise narrative of the offender's conduct. |
24 | (2) Whether the victim was a minor. |
25 | (3) The manner of weapon or physical force used or |
26 | threatened. |
27 | (4) If the offense involved unauthorized entry into a |
28 | room or vehicle occupied by the victim. |
29 | (5) If the offense was part of a course or pattern of |
30 | conduct involving multiple incidents or victims. |
|
1 | (6) Previous instances in which the offender was |
2 | determined guilty of an offense subject to this subchapter or |
3 | of a crime of violence as defined in section 9714(g) |
4 | (relating to sentences for second and subsequent offenses). |
5 | (e) Hearing.-- |
6 | (1) A hearing to determine whether the individual is a |
7 | sexually violent predator shall be scheduled upon the |
8 | praecipe filed by the district attorney. The district |
9 | attorney upon filing a praecipe shall serve a copy of same |
10 | upon defense counsel together with a copy of the report of |
11 | the board. |
12 | (2) The individual and district attorney shall be given |
13 | notice of the hearing and an opportunity to be heard, the |
14 | right to call witnesses, the right to call expert witnesses |
15 | and the right to cross-examine witnesses. In addition, the |
16 | individual shall have the right to counsel and to have a |
17 | lawyer appointed to represent him if he cannot afford one. If |
18 | the individual requests another expert assessment, the |
19 | individual shall provide a copy of the expert assessment to |
20 | the district attorney prior to the hearing. |
21 | (3) At the hearing prior to sentencing, the court shall |
22 | determine whether the Commonwealth has proved by clear and |
23 | convincing evidence that the individual is a sexually violent |
24 | predator. |
25 | (4) A copy of the order containing the determination of |
26 | the court shall be immediately submitted to the individual, |
27 | the district attorney, the Pennsylvania Board of Probation |
28 | and Parole, the Department of Corrections, the board and the |
29 | Pennsylvania State Police. |
30 | (f) Presentence investigation.--In all cases where the board |
|
1 | has performed an assessment pursuant to this section, copies of |
2 | the report shall be provided to the agency preparing the |
3 | presentence investigation. |
4 | (g) Parole assessment.--The Pennsylvania Board of Probation |
5 | and Parole may request of the board an assessment of an offender |
6 | or sexually violent predator be conducted and provide a report |
7 | to the Pennsylvania Board of Probation and Parole prior to |
8 | considering an offender or sexually violent predator for parole. |
9 | (h) Delinquent children.--Except where section 6358(b.1) |
10 | (relating to assessment of delinquent children by the State |
11 | Sexual Offenders Assessment Board) is applicable, the probation |
12 | officer shall notify the board 90 days prior to the 20th |
13 | birthday of the child of the status of the delinquent child who |
14 | is committed to an institution or other facility pursuant to |
15 | section 6352 (relating to disposition of delinquent child) after |
16 | having been found delinquent for an act of sexual violence which |
17 | if committed by an adult would be a violation of 18 Pa.C.S. § |
18 | 3121 (relating to rape), 3123 (relating to involuntary deviate |
19 | sexual intercourse), 3124.1 (relating to sexual assault), 3125 |
20 | (relating to aggravated indecent assault), 3126 (relating to |
21 | indecent assault) or 4302 (relating to incest), together with |
22 | the location of the facility where the child is committed. The |
23 | board shall conduct an assessment of the child, which shall |
24 | include the board's determination of whether or not the child is |
25 | in need of commitment due to a mental abnormality as defined in |
26 | section 6402 (relating to definitions) or a personality |
27 | disorder, either of which results in serious difficulty in |
28 | controlling sexually violent behavior, and provide a report to |
29 | the court within the time frames set forth in section 6358(c). |
30 | The probation officer shall assist the board in obtaining access |
|
1 | to the child and any records or information as requested by the |
2 | board in connection with the assessment. The assessment shall be |
3 | conducted pursuant to subsection (b). |
4 | (i) Other assessments.--Upon receipt from the court of an |
5 | order for an assessment under section 9795.5 (relating to |
6 | exemption from certain notification), a member of the board as |
7 | designated by the administrative officer of the board shall |
8 | conduct an assessment of the individual to determine if the |
9 | relief sought, if granted, is likely to pose a threat to the |
10 | safety of any other person. The board shall establish standards |
11 | for evaluations and for evaluators conducting these assessments. |
12 | § 9795.5. Exemption from certain notifications. |
13 | (a) Lifetime registrants not classified as sexually violent |
14 | predators.-- |
15 | (1) An individual required to register under section |
16 | 9795.1 (relating to registration) who is not a sexually |
17 | violent predator may petition the sentencing court to be |
18 | exempt from the application of section 9798.1 (relating to |
19 | information made available on the Internet) provided no less |
20 | than 20 years have passed since the individual has been |
21 | convicted in this or any other jurisdiction of any offense |
22 | punishable by imprisonment for more than one year, or the |
23 | individual's release from custody following the individual's |
24 | most recent conviction for any such offense, whichever is |
25 | later. |
26 | (2) Upon receipt of a petition filed under paragraph |
27 | (1), the sentencing court shall enter an order directing that |
28 | the petitioner be assessed by the board in accordance with |
29 | the provisions of section 9795.4(i) (relating to |
30 | assessments). The order for an assessment under this |
|
1 | subsection shall be sent to the administrative officer of the |
2 | board within ten days of its entry. No later than 90 days |
3 | following receipt of such an order, the board shall submit a |
4 | written report containing its assessment to the sentencing |
5 | court, the district attorney and the attorney for the |
6 | petitioner. |
7 | (3) Within 120 days of the filing of a petition under |
8 | paragraph (1), the sentencing court shall hold a hearing to |
9 | determine whether to exempt the petitioner from the |
10 | application of section 9798.1. The petitioner and the |
11 | district attorney shall be given notice of the hearing and an |
12 | opportunity to be heard, the right to call witnesses, the |
13 | right to call expert witnesses and the right to cross-examine |
14 | witnesses. The petitioner shall have the right to counsel and |
15 | to have a lawyer appointed to represent him if he cannot |
16 | afford one. |
17 | (4) The sentencing court shall exempt the petitioner |
18 | from application of section 9798.1 only upon finding by clear |
19 | and convincing evidence that exempting the petitioner from |
20 | the application of section 9798.1 is not likely to pose a |
21 | threat to the safety of any other person. |
22 | (b) Sexually violent predators.-- |
23 | (1) An individual required to register under section |
24 | 9795.1 who is a sexually violent predator may petition the |
25 | sentencing court for release from the application of section |
26 | 9798 (relating to other notification) provided no less than |
27 | 20 years have passed since the individual has been convicted |
28 | in this or any other jurisdiction of any offense punishable |
29 | by imprisonment for more than one year, or the individual's |
30 | release from custody following the individual's most recent |
|
1 | conviction for any such offense, whichever is later. |
2 | (2) Upon receipt of a petition under paragraph (1), the |
3 | sentencing court shall order the petitioner to be assessed by |
4 | the board in accordance with the provisions of section |
5 | 9795.4(i). The order for an assessment pursuant to this |
6 | subsection shall be sent to the administrative officer of the |
7 | board within ten days of its entry. No later than 90 days |
8 | following receipt of such an order, the board shall submit a |
9 | written report containing its assessment to the sentencing |
10 | court, the district attorney and the attorney for the |
11 | petitioner. |
12 | (3) Within 120 days of the filing of a petition under |
13 | paragraph (1), the sentencing court shall hold a hearing to |
14 | determine whether to exempt the petitioner from application |
15 | of section 9798. The petitioner and the district attorney |
16 | shall be given notice of the hearing and an opportunity to be |
17 | heard, the right to call witnesses, the right to call expert |
18 | witnesses and the right to cross-examine witnesses. The |
19 | petitioner shall have the right to counsel and to have a |
20 | lawyer appointed to represent him if he cannot afford one. |
21 | (4) The sentencing court shall exempt the petitioner |
22 | from application of section 9798 only upon clear and |
23 | convincing evidence that releasing the petitioner from |
24 | application of section 9798 is not likely to pose a threat to |
25 | the safety of any other person. |
26 | (c) Notice.--Any court granting relief to a petitioner under |
27 | this section shall notify the Pennsylvania State Police in |
28 | writing within ten days from the date such relief is granted. |
29 | (d) Right to appeal.--The petitioner and the Commonwealth |
30 | shall have the right to appellate review of the actions of the |
|
1 | sentencing court taken under this section. An appeal by the |
2 | Commonwealth shall stay the order of the sentencing court. |
3 | (e) Subsequent conviction for failing to comply.--If an |
4 | individual is exempt from the application of either section 9798 |
5 | or 9798.1 under this section and the individual is subsequently |
6 | convicted of an offense under 18 Pa.C.S. § 4915 (relating to |
7 | failure to comply with registration of sexual offenders |
8 | requirements), any relief granted under this section shall be |
9 | void, and the individual shall automatically and immediately |
10 | again be subject to all applicable provisions of this |
11 | subchapter, as previously determined by this subchapter. |
12 | § 9796. Verification of residence. |
13 | (a) Quarterly verification by sexually violent predators.-- |
14 | The Pennsylvania State Police shall verify the residence and |
15 | compliance with counseling as provided for in section 9799.4 |
16 | (relating to counseling of sexually violent predators) of |
17 | sexually violent predators every 90 days through the use of a |
18 | nonforwardable verification form to the last reported residence. |
19 | For the period of registration required by section 9795.1 |
20 | (relating to registration), a sexually violent predator shall |
21 | appear quarterly between January 5 and January 15, April 5 and |
22 | April 15, July 5 and July 15 and October 5 and October 15 of |
23 | each calendar year at an approved registration site to complete |
24 | a verification form and to be photographed. |
25 | (a.1) Facilitation of quarterly verification.--The |
26 | Pennsylvania State Police shall facilitate and administer the |
27 | verification process required by subsection (a) by: |
28 | (1) sending a notice by first class United States mail |
29 | to all registered sexually violent predators at their last |
30 | reported residence addresses. This notice shall be sent not |
|
1 | more than 30 days nor less than 15 days prior to each of the |
2 | quarterly verification periods set forth in subsection (a) |
3 | and shall remind sexually violent predators of their |
4 | quarterly verification requirement and provide them with a |
5 | list of approved registration sites; and |
6 | (2) providing verification and compliance forms as |
7 | necessary to each approved registration site not less than |
8 | ten days before each of the quarterly verification periods. |
9 | (b) Annual verification by offenders.--The Pennsylvania |
10 | State Police shall verify the residence of offenders. For the |
11 | period of registration required by section 9795.1, an offender |
12 | shall appear within ten days before each annual anniversary date |
13 | of the offender's initial registration under section 9795.1 at |
14 | an approved registration site to complete a verification form |
15 | and to be photographed. |
16 | (b.1) Facilitation of annual verification.--The Pennsylvania |
17 | State Police shall facilitate and administer the verification |
18 | process required by subsection (b) by: |
19 | (1) sending a notice by first class United States mail |
20 | to all registered offenders at their last reported residence |
21 | addresses. This notice shall be sent not more than 30 days |
22 | nor less than 15 days prior to each offender's annual |
23 | anniversary date and shall remind the offender of the annual |
24 | verification requirement and provide the offender with a list |
25 | of approved registration sites; and |
26 | (2) providing verification and compliance forms as |
27 | necessary to each approved registration site. |
28 | (c) Notification of law enforcement agencies of change of |
29 | residence.--A change of residence of an offender or sexually |
30 | violent predator required to register under this subchapter |
|
1 | reported to the Pennsylvania State Police shall be immediately |
2 | reported by the Pennsylvania State Police to the appropriate law |
3 | enforcement agency having jurisdiction of the offender's or the |
4 | sexually violent predator's new place of residence. The |
5 | Pennsylvania State Police shall, if the offender or sexually |
6 | violent predator changes residence to another state, notify the |
7 | law enforcement agency with which the offender or sexually |
8 | violent predator must register in the new state. |
9 | (d) Failure to provide verification.--Where an offender or |
10 | sexually violent predator fails to provide verification of |
11 | residence within the ten-day period as set forth in this |
12 | section, the Pennsylvania State Police shall immediately notify |
13 | the municipal police department of the offender's or the |
14 | sexually violent predator's last verified residence. The local |
15 | municipal police shall locate the offender or sexually violent |
16 | predator and arrest him for violating this section. The |
17 | Pennsylvania State Police shall assume responsibility for |
18 | locating the offender or sexually violent predator and arresting |
19 | him in jurisdictions where no municipal police jurisdiction |
20 | exists. The Pennsylvania State Police shall assist any municipal |
21 | police department requesting assistance with locating and |
22 | arresting an offender or sexually violent predator who fails to |
23 | verify his residence. |
24 | (e) Penalty.--An individual subject to registration under |
25 | section 9795.1(a) or (b) who fails to verify his residence or to |
26 | be photographed as required by this section may be subject to |
27 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
28 | comply with registration of sexual offenders requirements). |
29 | (f) Effect of notice.--Neither failure on the part of the |
30 | Pennsylvania State Police to send nor failure of a sexually |
|
1 | violent predator or offender to receive any notice or |
2 | information under subsection (a.1) or (b.1) shall relieve that |
3 | predator or offender from the requirements of this subchapter. |
4 | § 9797. Victim notification. |
5 | (a) Duty to inform victim.-- |
6 | (1) Where the individual is determined to be a sexually |
7 | violent predator by a court under section 9795.4 (relating to |
8 | assessments), the local municipal police department or the |
9 | Pennsylvania State Police where no municipal police |
10 | jurisdiction exists shall give written notice to the sexually |
11 | violent predator's victim when the sexually violent predator |
12 | registers initially and when he notifies the Pennsylvania |
13 | State Police of any change of residence. This notice shall be |
14 | given within 72 hours after the sexually violent predator |
15 | registers or notifies the Pennsylvania State Police of a |
16 | change of address. The notice shall contain the sexually |
17 | violent predator's name and the address or addresses where he |
18 | resides. |
19 | (2) A victim may terminate the duty to inform set forth |
20 | in paragraph (1) by providing the local municipal police |
21 | department or the Pennsylvania State Police where no local |
22 | municipal police department exists with a written statement |
23 | releasing that agency from the duty to comply with this |
24 | section as it pertains to that victim. |
25 | (b) Where an individual is not determined to be a sexually |
26 | violent predator.--Where an individual is not determined to be a |
27 | sexually violent predator by a court under section 9795.4, the |
28 | victim shall be notified in accordance with section 201 of the |
29 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
30 | Victims Act. |
|
1 | § 9798. Other notification. |
2 | (a) Notice by municipality's chief law enforcement |
3 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
4 | Ch. 91 (relating to criminal history record information), the |
5 | chief law enforcement officer of the full-time or part-time |
6 | police department of the municipality where a sexually violent |
7 | predator lives shall be responsible for providing written notice |
8 | as required under this section. |
9 | (1) The notice shall contain: |
10 | (i) The name of the convicted sexually violent |
11 | predator. |
12 | (ii) The address or addresses at which he resides. |
13 | (iii) The offense for which he was convicted, |
14 | sentenced by a court, adjudicated delinquent or |
15 | courtmartialed. |
16 | (iv) A statement that he has been determined by |
17 | court order to be a sexually violent predator, which |
18 | determination has or has not been terminated as of a date |
19 | certain. |
20 | (v) A photograph of the sexually violent predator, |
21 | if available. |
22 | (2) The notice shall not include any information that |
23 | might reveal the victim's name, identity and residence. |
24 | (b) To whom written notice is provided.--The chief law |
25 | enforcement officer shall provide written notice, under |
26 | subsection (a), to the following persons: |
27 | (1) Neighbors of the sexually violent predator. As used |
28 | in this paragraph, where the sexually violent predator lives |
29 | in a common interest community, the term "neighbor" includes |
30 | the unit owners' association and residents of the common |
|
1 | interest community. |
2 | (2) The director of the county children and youth |
3 | service agency of the county where the sexually violent |
4 | predator resides. |
5 | (3) The superintendent of each school district and the |
6 | equivalent official for private and parochial schools |
7 | enrolling students up through grade 12 in the municipality |
8 | where the sexually violent predator resides. |
9 | (3.1) The superintendent of each school district and the |
10 | equivalent official for each private and parochial school |
11 | located within a one-mile radius of where the sexually |
12 | violent predator resides. |
13 | (4) The licensee of each certified day care center and |
14 | licensed preschool program and owner/operator of each |
15 | registered family day care home in the municipality where the |
16 | sexually violent predator resides. |
17 | (5) The president of each college, university and |
18 | community college located within 1,000 feet of a sexually |
19 | violent predator's residence. |
20 | (c) Urgency of notification.--The municipal police |
21 | department's chief law enforcement officer shall provide notice |
22 | within the following time frames: |
23 | (1) To neighbors, notice shall be provided within five |
24 | days after information of the sexually violent predator's |
25 | release date and residence has been received by the chief law |
26 | enforcement officer. Notwithstanding the provisions of |
27 | subsections (a) and (b), verbal notification may be used if |
28 | written notification would delay meeting this time |
29 | requirement. |
30 | (2) To the persons specified in subsection (b)(2), (3), |
|
1 | (4) and (5), notice shall be provided within seven days after |
2 | the chief law enforcement officer receives information |
3 | regarding the sexually violent predator's release date and |
4 | residence. |
5 | (d) Public notice.--All information provided in accordance |
6 | with subsection (a) shall be available, upon request, to the |
7 | general public. The information may be provided by electronic |
8 | means. |
9 | (e) Interstate transfers.--The duties of police departments |
10 | under this section shall also apply to individuals who are |
11 | transferred to this Commonwealth pursuant to the Interstate |
12 | Compact for the Supervision of Adult Offenders or the Interstate |
13 | Compact for Juveniles. |
14 | § 9798.1. Information made available on the Internet. |
15 | (a) Legislative findings.--It is hereby declared to be the |
16 | finding of the General Assembly that public safety will be |
17 | enhanced by making information about sexually violent predators, |
18 | lifetime registrants and other sex offenders available to the |
19 | public through the Internet. Knowledge of whether a person is a |
20 | sexually violent predator, lifetime registrant or other sex |
21 | offender could be a significant factor in protecting oneself and |
22 | one's family members, or those in care of a group or community |
23 | organization, from recidivist acts by sexually violent |
24 | predators, lifetime registrants and other sex offenders. The |
25 | technology afforded by the Internet would make this information |
26 | readily accessible to parents and private entities, enabling |
27 | them to undertake appropriate remedial precautions to prevent or |
28 | avoid placing potential victims at risk. Public access to |
29 | information about sexually violent predators, lifetime |
30 | registrants and other sex offenders is intended solely as a |
|
1 | means of public protection and shall not be construed as |
2 | punitive. |
3 | (b) Internet posting of sexually violent predators, lifetime |
4 | registrants and other offenders.--The Commissioner of the |
5 | Pennsylvania State Police shall, in the manner and form directed |
6 | by the Governor: |
7 | (1) Develop and maintain a system for making the |
8 | information described in subsection (c) publicly available by |
9 | electronic means so that the public may, without limitation, |
10 | obtain access to the information via an Internet website to |
11 | view an individual record or the records of all sexually |
12 | violent predators, lifetime registrants and other offenders |
13 | who are registered with the Pennsylvania State Police. |
14 | (2) Ensure that the Internet website contains warnings |
15 | that any person who uses the information contained therein to |
16 | threaten, intimidate or harass another or who otherwise |
17 | misuses that information may be criminally prosecuted. |
18 | (3) Ensure that the Internet website contains an |
19 | explanation of its limitations, including statements advising |
20 | that a positive identification of a sexually violent |
21 | predator, lifetime registrant or other offender whose record |
22 | has been made available may be confirmed only by |
23 | fingerprints; that some information contained on the Internet |
24 | website may be outdated or inaccurate; and that the Internet |
25 | website is not a comprehensive listing of every person who |
26 | has ever committed a sex offense in Pennsylvania. |
27 | (4) Strive to ensure that: |
28 | (i) the information contained on the Internet |
29 | website is accurate; |
30 | (ii) the data therein is revised and updated as |
|
1 | appropriate in a timely and efficient manner; and |
2 | (iii) instructions are included on how to seek |
3 | correction of information which a person contends is |
4 | erroneous. |
5 | (5) Provide on the Internet website general information |
6 | designed to inform and educate the public about sex offenders |
7 | and sexually violent predators and the operation of this |
8 | subchapter as well as pertinent and appropriate information |
9 | concerning crime prevention and personal safety, with |
10 | appropriate links to other relevant Internet websites |
11 | operated by the Commonwealth of Pennsylvania. |
12 | (6) Identify when the victim is a minor with a special |
13 | designation. The identity of a victim of a sex offense shall |
14 | not be published or posted on the Internet website. |
15 | (c) Information permitted to be disclosed regarding |
16 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
17 | criminal history record information), the Internet website shall |
18 | contain the following information on each individual: |
19 | (1) For sexually violent predators, the following |
20 | information shall be posted on the Internet website: |
21 | (i) name and all known aliases; |
22 | (ii) year of birth; |
23 | (iii) the street address, municipality, county and |
24 | zip code of all residences, including, where applicable, |
25 | the name of the prison or other place of confinement; |
26 | (iv) the street address, municipality, county, zip |
27 | code and name of any institution or location at which the |
28 | person is enrolled as a student; |
29 | (v) the municipality, county and zip code of any |
30 | employment location; |
|
1 | (vi) a photograph of the offender, which shall be |
2 | updated not less than annually; |
3 | (vii) a physical description of the offender, |
4 | including sex, height, weight, eye color, hair color and |
5 | race; |
6 | (viii) any identifying marks, including scars, |
7 | birthmarks and tattoos; |
8 | (ix) the license plate number and description of any |
9 | vehicle owned or registered to the offender; |
10 | (x) whether the offender is currently compliant with |
11 | registration requirements; |
12 | (xi) whether the victim is a minor; |
13 | (xii) a description of the offense or offenses which |
14 | triggered the application of this subchapter; and |
15 | (xiii) the date of the offense and conviction, if |
16 | available. |
17 | (2) For all other lifetime registrants and offenders |
18 | subject to registration, the information set forth in |
19 | paragraph (1) shall be posted on the Internet website. |
20 | (d) Duration of Internet posting.-- |
21 | (1) The information listed in subsection (c) about a |
22 | sexually violent predator shall be made available on the |
23 | Internet for the lifetime of the sexually violent predator. |
24 | (2) The information listed in subsection (c) about an |
25 | offender who is subject to lifetime registration shall be |
26 | made available on the Internet for the lifetime of the |
27 | offender unless the offender is granted relief under section |
28 | 9795.5 (relating to exemption from certain notifications). |
29 | (3) The information listed in subsection (c) about any |
30 | other offender subject to registration shall be made |
|
1 | available on the Internet for the entire period during which |
2 | the offender is required to register, including any extension |
3 | of this period pursuant to 9795.2(a)(3) (relating to |
4 | registration procedures and applicability). |
5 | § 9798.2. Administration. |
6 | The Governor shall direct the Pennsylvania State Police, the |
7 | Pennsylvania Board of Probation and Parole, the State Sexual |
8 | Offenders Assessment Board, the Department of Corrections, the |
9 | Department of Transportation and any other agency of this |
10 | Commonwealth the Governor deems necessary to collaboratively |
11 | design, develop and implement an integrated and secure system of |
12 | communication, storage and retrieval of information to assure |
13 | the timely, accurate and efficient administration of this |
14 | subchapter. |
15 | § 9798.3. Global positioning system technology. |
16 | The Pennsylvania Board of Probation and Parole and county |
17 | probation authorities may impose supervision conditions that |
18 | include offender tracking through global positioning system |
19 | technology. |
20 | § 9799. Immunity for good faith conduct. |
21 | The following entities shall be immune from liability for |
22 | good faith conduct under this subchapter: |
23 | (1) The Pennsylvania State Police and local law |
24 | enforcement agencies and employees of law enforcement |
25 | agencies. |
26 | (2) District attorneys and their agents and employees. |
27 | (3) Superintendents, administrators, teachers, employees |
28 | and volunteers engaged in the supervision of children of any |
29 | public, private or parochial school. |
30 | (4) Directors and employees of county children and youth |
|
1 | agencies. |
2 | (5) Presidents or similar officers of universities and |
3 | colleges, including community colleges. |
4 | (6) The Pennsylvania Board of Probation and Parole and |
5 | its agents and employees. |
6 | (7) County probation and parole offices and their agents |
7 | and employees. |
8 | (8) Licensees of certified day care centers and |
9 | directors of licensed preschool programs and owners/operators |
10 | of registered family day care homes, and their agents and |
11 | employees. |
12 | (9) The Pennsylvania Department of Corrections and its |
13 | agents and employees. |
14 | (10) County correctional facilities and their agents and |
15 | employees. |
16 | (11) Members of the Sexual Offenders Assessment Board |
17 | and its agents and employees. |
18 | (12) The unit owners' association of a common interest |
19 | community and its agents and employees as it relates to |
20 | distributing information regarding sexually violent predators |
21 | obtained pursuant to section 9798(b)(1) (relating to other |
22 | notification). |
23 | § 9799.1. Duties of Pennsylvania State Police. |
24 | The Pennsylvania State Police shall: |
25 | (1) Create and maintain a State registry of offenders |
26 | and sexually violent predators. |
27 | (2) In consultation with the Department of Corrections, |
28 | the Office of Attorney General, the Pennsylvania Board of |
29 | Probation and Parole and the chairman and the minority |
30 | chairman of the Judiciary Committee of the Senate and the |
|
1 | chairman and the minority chairman of the Judiciary Committee |
2 | of the House of Representatives, promulgate guidelines |
3 | necessary for the general administration of this subchapter. |
4 | These guidelines shall establish procedures to allow an |
5 | individual subject to the requirements of sections 9795.1 |
6 | (relating to registration) and 9796 (relating to verification |
7 | of residence) to fulfill these requirements at approved |
8 | registration sites throughout this Commonwealth. The |
9 | Pennsylvania State Police shall publish a list of approved |
10 | registration sites in the Pennsylvania Bulletin and provide a |
11 | list of approved registration sites in any notices sent to |
12 | individuals required to register under section 9795.1. An |
13 | approved registration site shall be capable of submitting |
14 | fingerprints, photographs and any other information required |
15 | electronically to the Pennsylvania State Police. The |
16 | Pennsylvania State Police shall require that approved |
17 | registration sites submit fingerprints utilizing the |
18 | Integrated Automated Fingerprint Identification System or in |
19 | another manner and in such form as the Pennsylvania State |
20 | Police shall require. The Pennsylvania State Police shall |
21 | require that approved registration sites submit photographs |
22 | utilizing the Commonwealth Photo Imaging Network or in |
23 | another manner and in such form as the Pennsylvania State |
24 | Police shall require. Approved registration sites shall not |
25 | be limited to sites managed by the Pennsylvania State Police |
26 | and shall include sites managed by local law enforcement |
27 | agencies that meet the criteria for approved registration |
28 | sites set forth in this paragraph. |
29 | (3) Write regulations regarding neighbor notification of |
30 | the current residence of sexually violent predators. |
|
1 | (4) Notify, within five days of receiving the offender's |
2 | or the sexually violent predator's registration, the chief |
3 | law enforcement officers of the police departments having |
4 | primary jurisdiction of the municipalities in which an |
5 | offender or sexually violent predator resides, is employed or |
6 | enrolled as a student of the fact that the offender or |
7 | sexually violent predator has been registered with the |
8 | Pennsylvania State Police pursuant to sections 9795.2 |
9 | (relating to registration procedures and applicability) and |
10 | 9796 (relating to verification of residence). |
11 | (5) In consultation with the Department of Education and |
12 | the Pennsylvania Board of Probation and Parole, promulgate |
13 | guidelines directing licensed day-care centers, licensed |
14 | preschool programs, schools, universities and colleges, |
15 | including community colleges, on the proper use and |
16 | administration of information received under section 9798 |
17 | (relating to other notification). |
18 | (6) Immediately transfer the information received from |
19 | the Pennsylvania Board of Probation and Parole under section |
20 | 9799.2(2) and (3) (relating to duties of Pennsylvania Board |
21 | of Probation and Parole) and the fingerprints of a sexually |
22 | violent predator to the Federal Bureau of Investigation. |
23 | § 9799.2. Duties of Pennsylvania Board of Probation and Parole. |
24 | The Pennsylvania Board of Probation and Parole shall: |
25 | (1) Create a notification form which will inform State |
26 | and county prison and probation and parole personnel how to |
27 | inform offenders and sexually violent predators required to |
28 | register under this subchapter of their duty under the law. |
29 | (2) In cooperation with the Department of Corrections |
30 | and other Commonwealth agencies, obtain the following |
|
1 | information regarding offenders and sexually violent |
2 | predators: |
3 | (i) Name, including any aliases. |
4 | (ii) Identifying factors. |
5 | (iii) Anticipated future residence. |
6 | (iv) Offense history. |
7 | (v) Documentation of any treatment received for the |
8 | mental abnormality or personality disorder. |
9 | (vi) Photograph of the offender or sexually violent |
10 | predator. |
11 | (3) Immediately transmit the information in paragraph |
12 | (2) to the Pennsylvania State Police for immediate entry into |
13 | the State registry of offenders and sexually violent |
14 | predators and the criminal history record of the individual |
15 | as provided in 18 Pa.C.S. Ch. 91 (relating to criminal |
16 | history record information). |
17 | (4) Apply for Federal funding as provided in the Adam |
18 | Walsh Child Protection and Safety Act of 2006 (Public Law |
19 | 109-248, 120 Stat. 587) to support and enhance programming |
20 | using satellite global positioning system technology. |
21 | § 9799.3. Board. |
22 | (a) Composition.--The State Sexual Offenders Assessment |
23 | Board shall be composed of psychiatrists, psychologists and |
24 | criminal justice experts, each of whom is an expert in the field |
25 | of the behavior and treatment of sexual offenders. |
26 | (b) Appointment.--The Governor shall appoint the board |
27 | members. |
28 | (c) Term of office.--Members of the board shall serve four- |
29 | year terms. |
30 | (d) Compensation.--The members of the board shall be |
|
1 | compensated at a rate of $350 per assessment and receive |
2 | reimbursement for their actual and necessary expenses while |
3 | performing the business of the board. The chairman shall receive |
4 | $500 additional compensation per annum. |
5 | (e) Staff.--Support staff for the board shall be provided by |
6 | the Pennsylvania Board of Probation and Parole. |
7 | § 9799.4. Counseling of sexually violent predators. |
8 | For the period of registration required by section 9795.1(b) |
9 | (relating to registration), a sexually violent predator shall be |
10 | required to attend at least monthly counseling sessions in a |
11 | program approved by the board and be financially responsible for |
12 | all fees assessed from such counseling sessions. The board shall |
13 | monitor the compliance of the sexually violent predator. If the |
14 | sexually violent predator can prove to the satisfaction of the |
15 | court that the person cannot afford to pay for the counseling |
16 | sessions, that person shall still attend the counseling sessions |
17 | and the parole office shall pay the requisite fees. |
18 | § 9799.7. Exemption from notification for certain licensees and |
19 | their employees. |
20 | Nothing in this subchapter shall be construed as imposing a |
21 | duty upon a person licensed under the act of February 19, 1980 |
22 | (P.L.15, No.9), known as the Real Estate Licensing and |
23 | Registration Act, or an employee thereof to disclose any |
24 | information regarding: |
25 | (1) a sexually violent predator; or |
26 | (2) an individual who is transferred to this |
27 | Commonwealth pursuant to the Interstate Compact for the |
28 | Supervision of Adult Offenders or the Interstate Compact for |
29 | Juveniles. |
30 | § 9799.8. Annual performance audit. |
|
1 | (a) Duties of the Attorney General.--The Attorney General |
2 | shall: |
3 | (1) Conduct a performance audit annually to determine |
4 | compliance with the requirements of this subchapter and any |
5 | guidelines promulgated pursuant thereto. The audit shall, at |
6 | a minimum, include a review of the practices, procedures and |
7 | records of the Pennsylvania State Police, the Pennsylvania |
8 | Board of Probation and Parole, the Department of Corrections, |
9 | the State Sexual Offenders Assessment Board, the |
10 | Administrative Office of the Pennsylvania Courts and any |
11 | other State or local agency the Attorney General deems |
12 | necessary in order to conduct a thorough and accurate |
13 | performance audit. |
14 | (2) Prepare an annual report of its findings and any |
15 | action it recommends be taken by the Pennsylvania State |
16 | Police, the Pennsylvania Board of Probation and Parole, the |
17 | Department of Corrections, the State Sexual Offenders |
18 | Assessment Board, the Administrative Office of the |
19 | Pennsylvania Courts, other State or local agencies and the |
20 | General Assembly to ensure compliance with this subchapter. |
21 | The first report shall be released to the general public not |
22 | less than 18 months following the effective date of this |
23 | section. |
24 | (3) Provide a copy of its report to the Pennsylvania |
25 | State Police, the Pennsylvania Board of Probation and Parole, |
26 | the Department of Corrections, the State Sexual Offenders |
27 | Assessment Board, the Administrative Office of the |
28 | Pennsylvania Courts, State or local agencies referenced |
29 | therein, the chairman and the minority chairman of the |
30 | Judiciary Committee of the Senate and the chairman and the |
|
1 | minority chairman of the Judiciary Committee of the House of |
2 | Representatives no less than 30 days prior to its release to |
3 | the general public. |
4 | (b) Cooperation required.--Notwithstanding any other |
5 | provision of law to the contrary, the Pennsylvania State Police, |
6 | the Pennsylvania Board of Probation and Parole, the Department |
7 | of Corrections, the State Sexual Offenders Assessment Board, the |
8 | Administrative Office of the Pennsylvania Courts, the |
9 | Pennsylvania Commission on Sentencing and any other State or |
10 | local agency requested to do so shall fully cooperate with the |
11 | Attorney General and assist the office in satisfying the |
12 | requirements of this section. For purposes of this subsection, |
13 | full cooperation shall include, at a minimum, complete access to |
14 | unredacted records, files, reports and data systems. |
15 | § 9799.9. Photographs and fingerprinting. |
16 | An individual subject to section 9795.1 (relating to |
17 | registration) shall submit to fingerprinting and photographing |
18 | as required by this subchapter at approved registration sites. |
19 | Fingerprinting as required by this subchapter shall, at a |
20 | minimum, require submission of a full set of fingerprints. |
21 | Photographing as required by this subchapter shall, at a |
22 | minimum, require submission to photographs of the face and any |
23 | scars, marks, tattoos or other unique features of the |
24 | individual. Fingerprints and photographs obtained under this |
25 | subchapter may be maintained for use under this subchapter and |
26 | for general law enforcement purposes.] |
27 | Section 3.1. Section 9718.3(a) of Title 42 is amended and | <-- |
28 | the section is amended by adding a subsection to read: |
29 | § 9718.3. Sentence for failure to comply with registration of |
30 | sexual offenders. |
|
1 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
2 | follows: |
3 | (1) Sentencing upon conviction for a first offense shall |
4 | be as follows: |
5 | (i) Not less than two years for an individual who: |
6 | (A) was subject to registration under section |
7 | 9795.1(a) or (a.1) (relating to registration), former |
8 | section 9793 (relating to registration of certain |
9 | offenders for ten years) or a similar provision from |
10 | another jurisdiction; and |
11 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
12 | or (4) (relating to failure to comply with |
13 | registration of sexual offenders requirements). |
14 | (ii) Not less than three years for an individual |
15 | who: |
16 | (A) was subject to registration under section |
17 | 9795.1(a) or (a.1), former section 9793 or a similar |
18 | provision from another jurisdiction; and |
19 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
20 | (iii) Not less than three years for an individual |
21 | who: |
22 | (A) was subject to registration under section |
23 | 9795.1(b) or a similar provision from another |
24 | jurisdiction; and |
25 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
26 | or (4). |
27 | (iv) Not less than five years for an individual who: |
28 | (A) was subject to registration under section |
29 | 9795.1(b) or a similar provision from another |
30 | jurisdiction; and |
|
1 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
2 | (2) Sentencing upon conviction for a second or |
3 | subsequent offense shall be as follows: |
4 | (i) Not less than five years for an individual who: |
5 | (A) was subject to registration under section |
6 | 9795.1, former section 9793 or a similar provision |
7 | from another jurisdiction; and |
8 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
9 | or (4). |
10 | (ii) Not less than seven years for an individual |
11 | who: |
12 | (A) was subject to registration under section |
13 | 9795.1, former section 9793 or a similar provision |
14 | from another jurisdiction; and |
15 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
16 | * * * |
17 | (e) Expiration.--This section shall expire one year after |
18 | the effective date of this subsection. |
19 | Section 3.2. Title 42 is amended by adding a section to |
20 | read: |
21 | § 9718.4. Sentence for failure to comply with registration of |
22 | sexual offenders. |
23 | (a) Mandatory sentencing.--Mandatory sentencing shall be as |
24 | follows: |
25 | (1) Sentencing upon conviction for a first offense shall |
26 | be as follows: |
27 | (i) Not less than two years for an individual who: |
28 | (A) was subject to: |
29 | (I) former section 9795.1(a) (relating to |
30 | registration); |
|
1 | (II) registration as a Class 1 sexual |
2 | offender or Class 2 sexual offender under Subch. |
3 | H (relating to registration of sexual offenders); |
4 | or |
5 | (III) a similar provision from another |
6 | jurisdiction; and |
7 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
8 | (relating to failure to comply with registration of |
9 | sexual offenders requirements). |
10 | (ii) Not less than three years for an individual |
11 | who: |
12 | (A) was subject to: |
13 | (I) former section 9795.1(a); |
14 | (II) registration as a Class 1 sexual |
15 | offender or Class 2 sexual offender under Subch. |
16 | H; or |
17 | (III) a similar provision from another |
18 | jurisdiction; and |
19 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
20 | (iii) Not less than three years for an individual |
21 | who: |
22 | (A) was subject to: |
23 | (I) former section 9795.1(b); |
24 | (II) registration as a Class 3 sexual |
25 | offender or sexually violent predator under |
26 | Subch. H; or |
27 | (III) a similar provision from another |
28 | jurisdiction; and |
29 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
30 | (iv) Not less than five years for an individual who: |
|
1 | (A) was subject to: |
2 | (I) former section 9795.1(b); |
3 | (II) registration as a Class 3 sexual |
4 | offender or sexually violent predator under |
5 | Subch. H; or |
6 | (III) a similar provision from another |
7 | jurisdiction; and |
8 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
9 | (2) Sentencing upon conviction for a second or |
10 | subsequent offense shall be as follows: |
11 | (i) Not less than five years for an individual who: |
12 | (A) was subject to: |
13 | (I) former section 9795.1; |
14 | (II) registration under Subch. H; or |
15 | (III) a similar provision from another |
16 | jurisdiction; and |
17 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
18 | (ii) Not less than seven years for an individual |
19 | who: |
20 | (A) was subject to: |
21 | (I) section 9795.1; |
22 | (II) registration under Subch. H; or |
23 | (III) a similar provision from another |
24 | jurisdiction; and |
25 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
26 | (b) Proof at sentencing.--The provisions of this section |
27 | shall not be an element of the crime, and notice thereof to the |
28 | defendant shall not be required prior to conviction, but |
29 | reasonable notice of the Commonwealth's intention to proceed |
30 | under this section shall be provided after conviction and before |
|
1 | sentencing. The applicability of this section shall be |
2 | determined at sentencing. The court shall consider any evidence |
3 | presented at trial and shall afford the Commonwealth and the |
4 | defendant an opportunity to present any necessary additional |
5 | evidence and shall determine, by a preponderance of the |
6 | evidence, if this section is applicable. |
7 | (c) Authority of court in sentencing.--There shall be no |
8 | authority in any court to impose on an offender to which this |
9 | section is applicable any lesser sentence than provided for in |
10 | subsection (a) or to place such offender on probation or to |
11 | suspend sentence. Nothing in this section shall prevent the |
12 | sentencing court from imposing a sentence greater than that |
13 | provided in this section. Sentencing guidelines promulgated by |
14 | the Pennsylvania Commission on Sentencing shall not supersede |
15 | the mandatory sentences provided in this section. |
16 | (d) Appeal by Commonwealth.--If a sentencing court refuses |
17 | to apply this section where applicable, the Commonwealth shall |
18 | have the right to appellate review of the action of the |
19 | sentencing court. The appellate court shall vacate the sentence |
20 | and remand the case to the sentencing court for imposition of a |
21 | sentence in accordance with this section if it finds that the |
22 | sentence was imposed in violation of this section. |
23 | Section 4. The definitions of "employed," "offender," |
24 | "passive notification," "residence" and "sexually violent |
25 | predator" in section 9792 of Title 42 are amended and the |
26 | section is amended by adding definitions to read: |
27 | § 9792. Definitions. |
28 | The following words and phrases when used in this subchapter |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
|
1 | * * * |
2 | "Employed." Includes a vocation or employment that is full- |
3 | time or part-time for a period of time exceeding [14] four days |
4 | during a seven-day period or for an aggregate period of time |
5 | exceeding [30] 14 days during any calendar year, whether |
6 | financially compensated, volunteered, pursuant to a contract or |
7 | for the purpose of government or educational benefit. |
8 | * * * |
9 | "Habitual locale." The place where a transient can be |
10 | habitually located, including locations an individual frequents, |
11 | or intends to frequent, during the day or night, including, but |
12 | not limited to, parks, buildings, libraries and homeless |
13 | shelters. |
14 | * * * |
15 | "Offender." An individual required to register under section |
16 | 9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or |
17 | under former section 9793 (relating to registration of certain |
18 | offenders for ten years). The term includes an individual |
19 | considered to be an offender under section 9795.2(b) (relating |
20 | to registration procedures and applicability). |
21 | "Passive notification." Notification pursuant to section |
22 | 9798.1 (relating to information made available on the Internet |
23 | and electronic notification) or any process whereby persons, |
24 | pursuant to the laws of the United States or one of its |
25 | territories or possessions, another state, the District of |
26 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
27 | are able to access information pertaining to an individual [as a |
28 | result of the individual having been convicted or sentenced by a |
29 | court for an offense similar to an offense listed in section |
30 | 9795.1 (relating to registration)] under a sex offender |
|
1 | registration law in that jurisdiction. The term includes a |
2 | situation in which an individual is required to register under a |
3 | sex offender registration law in the jurisdiction where |
4 | convicted, sentenced, court martialed or adjudicated as a |
5 | juvenile and where access to that registration information is |
6 | limited to law enforcement only. |
7 | * * * |
8 | "Registration information." Information required under this |
9 | subchapter to be provided to the Pennsylvania State Police by an |
10 | offender or a sexually violent predator. |
11 | "Reside" or "resides." Has or establishes a residence. |
12 | "Residence." [A location where an individual resides or is |
13 | domiciled or intends to be domiciled for 30 consecutive days or |
14 | more during a calendar year.] The location of an individual's |
15 | home, an individual's habitual locale or other place where the |
16 | individual resides or intends to reside for 30 cumulative days |
17 | or more during a calendar year. |
18 | "Sex offender registration law." Any of the following: |
19 | (1) This subchapter. |
20 | (2) A law in another jurisdiction which requires an |
21 | individual to register with a sex offender registry following |
22 | conviction or adjudication. |
23 | * * * |
24 | "Sexually violent predator." A person who has been convicted |
25 | of a sexually violent offense as set forth in section 9795.1 |
26 | (relating to registration) and who is determined to be a |
27 | sexually violent predator under section 9795.4 (relating to |
28 | assessments) due to a mental abnormality or personality disorder |
29 | that makes the person likely to engage in predatory sexually |
30 | violent offenses. The term includes: |
|
1 | (1) an individual determined to be a sexually violent |
2 | predator where the determination occurred in the United |
3 | States or one of its territories or possessions, another |
4 | state, the District of Columbia, the Commonwealth of Puerto |
5 | Rico, a foreign nation or by court martial; and |
6 | (2) an individual considered to be a sexually violent |
7 | predator under section 9795.2(b) (relating to registration |
8 | procedures and applicability). |
9 | * * * |
10 | "Transient." An offender or out-of-State offender who does |
11 | not have a residence and is present in this Commonwealth. |
12 | Section 4.1. Section 9795.1(a) introductory paragraph of |
13 | Title 42 is amended, subsection (b) is amended by adding a |
14 | paragraph and the section is amended by adding a subsection to |
15 | read: |
16 | § 9795.1. Registration. |
17 | (a) Ten-year registration.--[The] Except as set forth in |
18 | subsection (a.1) or (b), the following individuals shall be |
19 | required to register with the Pennsylvania State Police for a |
20 | period of ten years: |
21 | * * * |
22 | (a.1) Exception to ten-year registration.--Except as |
23 | provided under subsection (b), an individual considered to be an |
24 | offender pursuant to section 9795.2(b) (relating to registration |
25 | procedures and applicability) shall be required to register with |
26 | the Pennsylvania State Police for a period less than life, the |
27 | duration of which is to be determined under section 9795.2(b). |
28 | (b) Lifetime registration.--The following individuals shall |
29 | be subject to lifetime registration: |
30 | * * * |
|
1 | (5) An individual who is considered to be a sexually |
2 | violent predator under section 9795.2(b) or who is otherwise |
3 | required to register for life under section 9795.2(b). |
4 | * * * |
5 | Section 4.2. Section 9795.2(a)(1), (2) introductory |
6 | paragraph, (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) |
7 | introductory paragraph and (5) introductory paragraph, (c)(1), |
8 | (d) and (e) of Title 42 are amended and subsection (a)(2) is |
9 | amended by adding subparagraphs to read: |
10 | § 9795.2. Registration procedures and applicability. |
11 | (a) Registration.-- |
12 | (1) Offenders and sexually violent predators shall be |
13 | required to register with the Pennsylvania State Police upon |
14 | release from incarceration, upon parole from a Federal, State |
15 | [or], county, municipal or private correctional [institution] |
16 | facility or upon the commencement of a sentence of |
17 | intermediate punishment or probation or any other sentence of |
18 | nonconfinement. For purposes of registration, offenders and |
19 | sexually violent predators shall provide the Pennsylvania |
20 | State Police with all current or intended residences[,]; all |
21 | information concerning current or intended employment [and]; |
22 | all information concerning current or intended enrollment as |
23 | a student[.]; and all information concerning vehicles owned |
24 | by, or registered to, the offender or sexually violent |
25 | predator. |
26 | (2) For purposes of this paragraph, offenders and |
27 | sexually violent predators shall appear at an approved |
28 | registration site to complete the form designated by the |
29 | Pennsylvania State Police to be used for purposes of |
30 | complying with this subchapter. In the case of an offender |
|
1 | entering or being released or transferred from a residential |
2 | reentry or correctional facility, the administrator of the |
3 | facility or his designee shall assist in completing the forms |
4 | designated by the Pennsylvania State Police to be used for |
5 | purposes of complying with this subchapter and, immediately |
6 | upon collection, forward all the forms to the Pennsylvania |
7 | State Police. Offenders and sexually violent predators shall |
8 | inform the Pennsylvania State Police within 48 hours of: |
9 | (i) Any establishment or change of residence or |
10 | establishment of an additional residence or residences. |
11 | (ii) [Any] Becoming employed or any change of |
12 | employer or employment location for a period of time that |
13 | will exceed [14] four days during a seven-day period or |
14 | for an aggregate period of time that will exceed [30] 14 |
15 | days during any calendar year, or termination of |
16 | employment. |
17 | * * * |
18 | (iv) Becoming [employed or] enrolled as a student if |
19 | the person has not previously provided that information |
20 | to the Pennsylvania State Police. |
21 | (v) Entering, being released or transferred from a |
22 | Federal, State, county, municipal or private correctional |
23 | facility, including a residential reentry facility, due |
24 | to arrest, detainer, parole violation, probation |
25 | violation or sentence of incarceration, if the person's |
26 | stay exceeds 48 hours. |
27 | (vi) No longer residing, being domiciled, employed |
28 | or being enrolled as a student in this Commonwealth. |
29 | (2.1) Registration with a new law enforcement agency |
30 | shall occur no later than 48 hours after establishing |
|
1 | residence in another state or after moving to another state |
2 | but not establishing a residence there. |
3 | (3) The [ten-year] registration period required in |
4 | section 9795.1(a) and (a.1) (relating to registration) shall |
5 | be tolled when an offender is [recommitted for a parole |
6 | violation or sentenced to an additional term of imprisonment] |
7 | incarcerated, and all time spent in incarceration shall not |
8 | be counted toward an offender's registration period. In such |
9 | cases, the [Department of Corrections or] Federal, State, |
10 | county, municipal or private correctional facility shall |
11 | notify the Pennsylvania State Police of the admission, |
12 | release and transfer of the offender. |
13 | (4) This paragraph shall apply to all offenders and |
14 | sexually violent predators: |
15 | (i) Where the offender or sexually violent predator |
16 | was granted parole by the Pennsylvania Board of Probation |
17 | and Parole or the court or is sentenced to probation |
18 | [or], intermediate punishment or a punishment not |
19 | involving confinement, the board or county office of |
20 | probation and parole shall collect registration |
21 | information from the offender or sexually violent |
22 | predator and forward that registration information to the |
23 | Pennsylvania State Police. [The Department of Corrections |
24 | or county] If an offender or a sexually violent predator |
25 | is incarcerated in a Federal, State, county, municipal or |
26 | private correctional facility, including a residential |
27 | reentry facility, the correctional facility shall not |
28 | release nor transfer the offender or sexually violent |
29 | predator until it receives verification from the |
30 | Pennsylvania State Police that [it has received] the |
|
1 | registration information has been received. Verification |
2 | by the Pennsylvania State Police may occur by electronic |
3 | means, including e-mail or facsimile transmission. Where |
4 | the offender or sexually violent predator is scheduled to |
5 | be released from a [State correctional facility or |
6 | county] correctional facility because of the expiration |
7 | of the maximum term of incarceration, the [Department of |
8 | Corrections or county] correctional facility shall |
9 | collect the information from the offender or sexually |
10 | violent predator no later than ten days prior to the |
11 | maximum expiration date. The registration information |
12 | shall, immediately upon collection, be forwarded to the |
13 | Pennsylvania State Police. |
14 | * * * |
15 | (b) Individuals convicted or sentenced by a court or |
16 | adjudicated delinquent in jurisdictions outside this |
17 | Commonwealth or sentenced by court martial.-- |
18 | (4) An individual who [resides, is employed or is a |
19 | student] is employed, intends to be employed, is a student, |
20 | intends to be a student, resides or enters this Commonwealth |
21 | with the purpose of establishing a residence in this |
22 | Commonwealth and who has been convicted of or sentenced by a |
23 | court or court martialed for a sexually violent offense or a |
24 | similar offense under the laws of the United States or one of |
25 | its territories or possessions, another state, the District |
26 | of Columbia, the Commonwealth of Puerto Rico or a foreign |
27 | nation, or who was required to register under a sexual |
28 | offender statute in the jurisdiction where convicted, |
29 | sentenced or court martialed, shall register at an approved |
30 | registration site within 48 hours of the individual's arrival |
|
1 | in this Commonwealth. The provisions of this subchapter shall |
2 | apply to the individual as follows: |
3 | * * * |
4 | (5) Notwithstanding the provisions of Chapter 63 |
5 | (relating to juvenile matters) and except as provided in |
6 | paragraph (4), an individual who [resides, is employed or is |
7 | a student] is employed, intends to be employed, is a student, |
8 | intends to be a student, resides or enters this Commonwealth |
9 | with the purpose of establishing a residence in this |
10 | Commonwealth and who is required to register as a sex |
11 | offender under the laws of the United States or one of its |
12 | territories or possessions, another state, the District of |
13 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
14 | as a result of a juvenile adjudication shall register at an |
15 | approved registration site within 48 hours of the |
16 | individual's arrival in this Commonwealth. The provisions of |
17 | this subchapter shall apply to the individual as follows: |
18 | * * * |
19 | (c) Registration information to local police.-- |
20 | (1) The Pennsylvania State Police shall provide the |
21 | information obtained under this section and sections [9795.3] |
22 | 9795.3(a) (relating to sentencing court information) and 9796 |
23 | (relating to verification of [residence] registration |
24 | information) to the chief law enforcement officers of the |
25 | police departments of the municipalities in which the |
26 | individual will reside, be employed or enrolled as a student. |
27 | In addition, the Pennsylvania State Police shall provide this |
28 | officer with the address at which the individual will reside, |
29 | be employed or enrolled as a student following his release |
30 | from incarceration, parole or probation. |
|
1 | * * * |
2 | (d) Penalty.--An individual subject to registration under |
3 | former section 9793 (relating to registration of certain |
4 | offenders for ten years) or section [9795.1(a) or (b)] 9795.1 |
5 | who fails to register or verify or update registration |
6 | information with the Pennsylvania State Police as required by |
7 | this section may be subject to prosecution under 18 Pa.C.S. § |
8 | 4915 (relating to failure to comply with registration of sexual |
9 | offenders requirements). |
10 | (e) Registration sites.--An individual subject to [section |
11 | 9795.1] this subchapter shall register and submit to |
12 | fingerprinting and photographing as required by this subchapter |
13 | at approved registration sites. |
14 | Section 4.3. Sections 9795.3 and 9796 heading, (a), (b) and |
15 | (e) and 9798(a)(1) of Title 42 are amended to read: |
16 | § 9795.3. Sentencing court information. |
17 | (a) Duty of sentencing court.--The sentencing court shall |
18 | inform offenders and sexually violent predators at the time of |
19 | sentencing of the provisions of this subchapter. The court |
20 | shall: |
21 | (1) Specifically inform the offender or sexually violent |
22 | predator of the duty to register and provide the information |
23 | required for each registration, including verification as |
24 | required in section 9796(a) (relating to verification of |
25 | [residence)] registration information). |
26 | (2) Specifically inform the offender or sexually violent |
27 | predator of the duty to inform the Pennsylvania State Police |
28 | within [ten days] 48 hours if the offender or sexually |
29 | violent predator changes or establishes a residence or |
30 | establishes an additional residence or residences, changes |
|
1 | employer or employment location for a period of time that |
2 | will exceed [14 days] four days during any seven-day period |
3 | or for an aggregate period of time that will exceed [30] 14 |
4 | days during any calendar year or terminates employment or |
5 | changes institution or location at which the person is |
6 | enrolled as a student or terminates enrollment. In the case |
7 | of a transient, the individual shall provide the Pennsylvania |
8 | State Police with the individual's habitual locale and the |
9 | place where the individual receives mail, including a post |
10 | office box. |
11 | (2.1) Specifically inform the offender or sexually |
12 | violent predator of the duty to inform the Pennsylvania State |
13 | Police within [ten days] 48 hours of becoming employed or |
14 | enrolled as a student if the [person] offender or sexually |
15 | violent predator has not previously provided that information |
16 | to the Pennsylvania State Police. |
17 | (3) Specifically inform the offender or sexually violent |
18 | predator of the duty to register with a new law enforcement |
19 | agency if the offender or sexually violent predator moves to |
20 | another state no later than [ten days] 48 hours after |
21 | establishing residence in another state. |
22 | (4) Order the fingerprints and photograph of the |
23 | offender or sexually violent predator to be provided to the |
24 | Pennsylvania State Police upon sentencing. |
25 | (5) Specifically inform the offender or sexually violent |
26 | predator of the duty to register with the appropriate |
27 | authorities in any state in which the offender or sexually |
28 | violent predator is employed, carries on a vocation or is a |
29 | student if the state requires such registration. |
30 | (6) Require the offender or sexually violent predator to |
|
1 | read and sign a form stating that the duty to register under |
2 | this subchapter has been explained. Where the offender or |
3 | sexually violent predator is incapable of reading, the court |
4 | shall certify the duty to register was explained to the |
5 | offender or sexually violent predator and the offender or |
6 | sexually violent predator indicated an understanding of the |
7 | duty. |
8 | (b) Failure to provide.--Failure on the part of the court to |
9 | provide a sexually violent predator or offender with information |
10 | under this section shall not relieve that predator or offender |
11 | from the requirements of this subchapter. |
12 | § 9796. Verification of [residence] registration information. |
13 | (a) Quarterly verification by sexually violent predators.-- |
14 | The Pennsylvania State Police shall verify the [residence] |
15 | registration information and compliance with counseling as |
16 | provided for in section 9799.4 (relating to counseling of |
17 | sexually violent predators) of sexually violent predators every |
18 | 90 days through the use of a nonforwardable verification form to |
19 | the last reported residence. For the period of registration |
20 | required by section 9795.1 (relating to registration), a |
21 | sexually violent predator shall appear quarterly between January |
22 | 5 and January 15, April 5 and April 15, July 5 and July 15 and |
23 | October 5 and October 15 of each calendar year at an approved |
24 | registration site to complete a verification form and to be |
25 | photographed. |
26 | * * * |
27 | (b) Annual verification by offenders.--The Pennsylvania |
28 | State Police shall verify the [residence] registration |
29 | information of offenders. For the period of registration |
30 | required by section 9795.1, an offender shall appear within ten |
|
1 | days before each annual anniversary date of the offender's |
2 | initial registration under former section 9793 (relating to |
3 | registration of certain offenders for ten years) or section |
4 | 9795.1 at an approved registration site to complete a |
5 | verification form and to be photographed. |
6 | * * * |
7 | (e) Penalty.--An individual subject to registration under |
8 | former section 9793 or section 9795.1(a) or (b) who fails to |
9 | verify his [residence] registration information or to be |
10 | photographed as required by this section may be subject to |
11 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
12 | comply with registration of sexual offenders requirements). |
13 | * * * |
14 | § 9798. Other notification. |
15 | (a) Notice by municipality's chief law enforcement |
16 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
17 | Ch. 91 (relating to criminal history record information), the |
18 | chief law enforcement officer of the full-time or part-time |
19 | police department of the municipality where a sexually violent |
20 | predator lives shall be responsible for providing written notice |
21 | as required under this section. |
22 | (1) The notice shall contain: |
23 | (i) The name of the convicted sexually violent |
24 | predator. |
25 | (ii) [The address or addresses at which he resides.] |
26 | The residence of the sexually violent predator. |
27 | (ii.1) The municipality, county and zip code in |
28 | which the sexually violent predator is employed. |
29 | (iii) The offense for which [he] the sexually |
30 | violent predator was convicted, sentenced by a court, |
|
1 | adjudicated delinquent or court martialed. |
2 | (iv) A statement that [he] the sexually violent |
3 | predator has been determined by court order to be a |
4 | sexually violent predator, which determination has or has |
5 | not been terminated as of a date certain. |
6 | (v) A photograph of the sexually violent predator, |
7 | if available. |
8 | * * * |
9 | Section 4.4. Section 9799(1) of Title 42 is amended to read: |
10 | § 9799. Immunity for good faith conduct. |
11 | The following entities shall be immune from liability for |
12 | good faith conduct under this subchapter: |
13 | (1) The Pennsylvania State Police [and], local law |
14 | enforcement agencies, and agents and employees of the |
15 | Pennsylvania State Police and local law enforcement agencies. |
16 | * * * |
17 | Section 4.5. Section 9799.1 heading, (2) and (4) of Title 42 |
18 | are amended and the section is amended by adding paragraphs to |
19 | read: |
20 | § 9799.1. [Duties of] Pennsylvania State Police. |
21 | The Pennsylvania State Police shall: |
22 | * * * |
23 | (2) In consultation with the Department of Corrections, |
24 | the Office of Attorney General, the Pennsylvania Board of |
25 | Probation and Parole and the chairman and the minority |
26 | chairman of the Judiciary Committee of the Senate and the |
27 | chairman and the minority chairman of the Judiciary Committee |
28 | of the House of Representatives, promulgate guidelines |
29 | necessary for the general administration of this subchapter. |
30 | These guidelines shall establish procedures to allow an |
|
1 | individual subject to the requirements of sections 9795.1 |
2 | (relating to registration) and 9796 (relating to verification |
3 | of [residence] registration information) to fulfill these |
4 | requirements at approved registration sites throughout this |
5 | Commonwealth. The Pennsylvania State Police shall publish a |
6 | list of approved registration sites in the Pennsylvania |
7 | Bulletin and provide a list of approved registration sites in |
8 | any notices sent to individuals required to register under |
9 | section 9795.1. An approved registration site shall be |
10 | capable of submitting fingerprints, photographs and any other |
11 | information required electronically to the Pennsylvania State |
12 | Police. The Pennsylvania State Police shall require that |
13 | approved registration sites submit fingerprints utilizing the |
14 | Integrated Automated Fingerprint Identification System or in |
15 | another manner and in such form as the Pennsylvania State |
16 | Police shall require. The Pennsylvania State Police shall |
17 | require that approved registration sites submit photographs |
18 | utilizing the Commonwealth Photo Imaging Network or in |
19 | another manner and in such form as the Pennsylvania State |
20 | Police shall require. Approved registration sites shall not |
21 | be limited to sites managed by the Pennsylvania State Police |
22 | and shall include sites managed by local law enforcement |
23 | agencies that meet the criteria for approved registration |
24 | sites set forth in this paragraph. |
25 | * * * |
26 | (4) Notify, within five business days of receiving the |
27 | offender's or the sexually violent predator's registration, |
28 | the chief law enforcement officers of the police departments |
29 | having primary jurisdiction of the municipalities in which an |
30 | offender or sexually violent predator resides, is employed or |
|
1 | enrolled as a student of the fact that the offender or |
2 | sexually violent predator has been registered with the |
3 | Pennsylvania State Police pursuant to sections 9795.2 |
4 | (relating to registration procedures and applicability) and |
5 | 9796 (relating to verification of [residence] registration |
6 | information). |
7 | * * * |
8 | (7) The Pennsylvania State Police shall have standing |
9 | and shall be a party in any of the following: |
10 | (i) A proceeding brought by an individual registered |
11 | under former section 9793 (relating to registration of |
12 | certain offenders for ten years) or section 9795.1 to be |
13 | removed from, or contesting their inclusion in, the State |
14 | registry of sexual offenders and sexually violent |
15 | predators. |
16 | (ii) A proceeding to modify a court order concerning |
17 | the terms of an individual's registration under former |
18 | section 9793 or section 9795.1. |
19 | (8) The Pennsylvania State Police may certify and send |
20 | to an authorized user, by electronic transmission or |
21 | otherwise, a certification of record or abstract of records |
22 | maintained by the Pennsylvania State Police regarding the |
23 | registration of an offender under this subchapter. |
24 | Permissible uses shall include certifications of an offenders |
25 | initial registration and verification history and history of |
26 | nonregistration or nonverification. The Pennsylvania State |
27 | Police may also certify electronically any documents |
28 | certified to it electronically. Authorized users shall |
29 | include State and local police, district attorneys, agents |
30 | and employees of the Pennsylvania State Police and the Office |
|
1 | of Attorney General and other persons or entities determined |
2 | by the Pennsylvania State Police and listed by notice in the |
3 | Pennsylvania Bulletin. In any proceeding before the courts or |
4 | administrative bodies of this Commonwealth, documents |
5 | certified by the Pennsylvania State Police under this section |
6 | and offered into evidence by an authorized user shall be |
7 | admissible into evidence. |
8 | Section 4.6. Sections 9799.4 and 9799.9 of Title 42 are |
9 | amended to read: |
10 | § 9799.4. Counseling of sexually violent predators. |
11 | (a) Attendance required.--For the period of registration |
12 | required by section 9795.1(b) (relating to registration), a |
13 | sexually violent predator shall be required to attend at least |
14 | monthly counseling sessions in a program approved by the board |
15 | and be financially responsible for all fees assessed from such |
16 | counseling sessions. The board shall monitor the compliance of |
17 | the sexually violent predator. |
18 | (b) Indigence.--If the sexually violent predator can prove |
19 | to the satisfaction of the court that the person's income and |
20 | support is such that the person cannot afford to pay for the |
21 | counseling sessions, that person shall still attend the |
22 | counseling sessions and the [parole office] Pennsylvania Board |
23 | of Probation and Parole shall pay the requisite fees. The court |
24 | may create a standard petition for indigence for use by sexually |
25 | violent predators and the Pennsylvania Board of Probation and |
26 | Parole in the courts of this Commonwealth. Filing fees for the |
27 | determinations shall be waived. Upon request of the Pennsylvania |
28 | Board of Probation and Parole, a sexually violent predator's |
29 | indigence status shall be reviewed by the court and a |
30 | determination shall be made by the court whether the individual |
|
1 | will remain eligible for funded counseling sessions. |
2 | § 9799.9. Photographs and fingerprinting. |
3 | An individual subject to former section 9793 (relating to |
4 | registration of certain offenders for ten years) or section |
5 | 9795.1 (relating to registration) shall submit to fingerprinting |
6 | and photographing as required by this subchapter at approved |
7 | registration sites. Fingerprinting as required by this |
8 | subchapter shall, at a minimum, require submission of a full set |
9 | of fingerprints. Photographing as required by this subchapter |
10 | shall, at a minimum, require submission to photographs of the |
11 | face and any scars, marks, tattoos or other unique features of |
12 | the individual. Fingerprints and photographs obtained under this |
13 | subchapter may be maintained for use under this subchapter and |
14 | for general law enforcement purposes. |
15 | Section 5. Title 42 is amended by adding sections to read: |
16 | § 9799.10. Expiration. | <-- |
17 | The following provisions shall expire one year after the |
18 | effective date of this section: |
19 | Section 9791 (relating to legislative findings and |
20 | declaration of policy). |
21 | Section 9792 (relating to definitions). |
22 | Section 9795.1 (relating to registration). |
23 | Section 9795.2 (relating to registration procedures and |
24 | applicability). |
25 | Section 9795.3 (relating to sentencing court |
26 | information). |
27 | Section 9795.4 (relating to assessments). |
28 | Section 9795.5 (relating to exemption from certain |
29 | notifications). |
30 | Section 9796 (relating to verification of registration |
|
1 | information). |
2 | Section 9797 (relating to victim notification). |
3 | Section 9798 (relating to other notification). |
4 | Section 9798.1 (relating to information made available on |
5 | the Internet). |
6 | Section 9798.2 (relating to administration). |
7 | Section 9798.3 (relating to global positioning system |
8 | technology). |
9 | Section 9799 (relating to immunity for good faith |
10 | conduct). |
11 | Section 9799.1 (relating to duties of Pennsylvania State |
12 | Police). |
13 | Section 9799.2 (relating to duties of Pennsylvania Board |
14 | of Probation and Parole. |
15 | Section 9799.3 (relating to board). |
16 | Section 9799.4 (relating to counseling of sexually |
17 | violent predators). |
18 | Section 9799.7 (relating to exemption from notification |
19 | for certain licensees and their employees). |
20 | Section 9799.8 (relating to annual performance audit). |
21 | Section 9799.9 (relating to photographs and |
22 | fingerprinting). |
23 | § 9799.11. Legislative findings and declaration of policy. |
24 | (a) Legislative findings.--The General Assembly finds as |
25 | follows: |
26 | (1) If the public is provided adequate notice and |
27 | information about certain offenders, the community can |
28 | develop constructive plans to prepare themselves and their |
29 | children for the offender's presence in the community. This |
30 | allows communities to meet with law enforcement to prepare |
|
1 | and obtain information about the rights and responsibilities |
2 | of the community and to provide education and counseling to |
3 | their children. |
4 | (2) These offenders pose a high risk of engaging in |
5 | further offenses, and protection of the public from this type |
6 | of offender is a paramount governmental interest. |
7 | (3) The penal and mental health components of our |
8 | justice system are largely hidden from public view, and lack |
9 | of information from either may result in failure of both |
10 | systems to meet this paramount concern of public safety. |
11 | (4) Overly restrictive confidentiality and liability |
12 | laws governing the release of information about offenders |
13 | have reduced the willingness to release information that |
14 | could be appropriately released under the public disclosure |
15 | laws and have increased risks to public safety. |
16 | (5) Persons found to have committed the offenses have a |
17 | reduced expectation of privacy because of the public's |
18 | interest in public safety and in the effective operation of |
19 | government. |
20 | (6) Release of information about offenders to public |
21 | agencies and the general public will further the governmental |
22 | interests of public safety and public scrutiny of the |
23 | criminal and mental health systems so long as the information |
24 | released is rationally related to the furtherance of those |
25 | goals. |
26 | (7) Public safety will be enhanced by making information |
27 | regarding offenders and out-of-State offenders available to |
28 | the public through the Internet and other electronic means. |
29 | (8) Knowledge of whether a person is an offender or out- |
30 | of-State offender could be a significant factor in protecting |
|
1 | oneself and one's family members, or those in care of a group |
2 | or community organization, from recidivist acts by offenders. |
3 | (9) The technology afforded by the Internet and other |
4 | modern electronic communication methods would make this |
5 | information readily accessible to parents, minors and private |
6 | entities, enabling them to undertake appropriate remedial |
7 | precautions to prevent or avoid placing potential victims at |
8 | risk. |
9 | (b) Declaration of policy.--The General Assembly declares as |
10 | follows: |
11 | (1) It is the intention of the General Assembly to |
12 | protect the safety and general welfare of the people of this |
13 | Commonwealth by providing for registration and community |
14 | notification regarding offenders. |
15 | (2) It is the policy of the Commonwealth to require the |
16 | exchange of relevant information about offenders among public |
17 | agencies and officials and to authorize the release of |
18 | necessary and relevant information about offenders to members |
19 | of the general public as a means of assuring public |
20 | protection and shall not be construed as punitive. |
21 | § 9799.12. Definitions. |
22 | The following words and phrases when used in this subchapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Approved registration site." A site in this Commonwealth |
26 | approved by the Pennsylvania State Police at which individuals |
27 | subject to this subchapter may register, update and verify |
28 | registration information as required by this subchapter. |
29 | "Board." The State Sexual Offenders Assessment Board. |
30 | "Class 1 sexual offender." Any individual convicted of a |
|
1 | Class 1 sexual offense or designated as a Class 1 sexual |
2 | offender by the Pennsylvania State Police under section 9799.15 |
3 | (relating to registration procedures for out-of-State |
4 | offenders). |
5 | "Class 2 sexual offender." Any individual convicted of a |
6 | Class 2 sexual offense or designated as a Class 2 sexual |
7 | offender by the Pennsylvania State Police under section 9799.15 |
8 | (relating to registration procedures for out-of-State |
9 | offenders). |
10 | "Class 3 sexual offender." Any individual convicted of a |
11 | Class 3 sexual offense, or more than one Class 1 or Class 2 |
12 | sexual offense, or designated as a Class 3 sexual offender by |
13 | the Pennsylvania State Police under section 9799.15 (relating to |
14 | registration procedures for out-of-State offenders). |
15 | "Class 1 sexual offense." Any of the following offenses or |
16 | attempt, solicitation or conspiracy to commit any of the |
17 | following offenses: |
18 | 18 Pa.C.S. § 2902 2902(b) (relating to unlawful | <-- |
19 | restraint) if the victim is a minor and the perpetrator is | <-- |
20 | not the victim's parent. |
21 | 18 Pa.C.S. § 2903 2903(b) (relating to false | <-- |
22 | imprisonment) if the victim is a minor and the perpetrator is | <-- |
23 | not the victim's parent. |
24 | 18 Pa.C.S. § 2904 (relating to interference with custody |
25 | of children) if the perpetrator is not the victim's parent. | <-- |
26 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
27 | motor vehicle or structure). |
28 | 18 Pa.C.S. § 3124.2 3124.2(a) (relating to institutional | <-- |
29 | sexual assault). |
30 | 18 Pa.C.S. § 3126 3126(a)(1) (relating to indecent | <-- |
|
1 | assault) if the offense is graded a misdemeanor of the first | <-- |
2 | degree or higher. |
3 | 18 Pa.C.S. § 7507.1 (relating to invasion of privacy). |
4 | "Class 2 sexual offense." Any of the following offenses or |
5 | attempt, solicitation or conspiracy to commit any of the |
6 | following offenses: |
7 | 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual |
8 | assault). |
9 | 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) |
10 | (relating to indecent assault). |
11 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
12 | related offenses) and graded under section 5902 (c)(1)(iii). |
13 | 18 Pa.C.S. § 5903(a)(3), (4), (5), 5903(a)(3)(ii), (4) | <-- |
14 | (ii), (5)(ii) or (6) (relating to obscene and other sexual |
15 | materials and performances) if the victim is a minor. | <-- |
16 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
17 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
18 | minor). |
19 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
20 | children). |
21 | "Class 3 sexual offense." Any of the following offenses or |
22 | attempt, solicitation or conspiracy to commit any of the |
23 | following offenses: |
24 | 18 Pa.C.S. § 2901 2901(a.1) (relating to kidnapping) if | <-- |
25 | the victim is a minor. |
26 | 18 Pa.C.S. § 3121 (relating to rape). |
27 | 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual |
28 | assault). |
29 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
30 | intercourse). |
|
1 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
2 | 18 Pa.C.S. § 3124.2(a.1) (relating to institutional |
3 | sexual assault). |
4 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
5 | assault). |
6 | 18 Pa.C.S. § 3126(a)(7) (relating to indecent assault). |
7 | 18 Pa.C.S. § 4302 4302(b) (relating to incest) if the | <-- |
8 | victim is less than 13 years of age or the victim is 13 to 18 |
9 | years of age and the offender is at least four years older |
10 | than the victim. |
11 | "CLEAN." The Commonwealth Law Enforcement Assistance |
12 | Network. |
13 | "Common interest community." Includes a cooperative, a |
14 | condominium and a planned community where an individual by |
15 | virtue of an ownership interest in any portion of real estate is |
16 | or may become obligated by covenant, easement or agreement |
17 | imposed upon the owner's interest to pay any amount for real |
18 | property taxes, insurance, maintenance, repair, improvement, |
19 | management, administration or regulation of any part of the real |
20 | estate other than the portion or interest owned solely by the |
21 | individual. |
22 | "Employed." Includes carrying on a vocation or employment |
23 | that is full time or part time for a period of time exceeding |
24 | four days during a seven-day period or for an aggregate period |
25 | of time exceeding 14 days during any calendar year, whether |
26 | financially compensated, volunteered, pursuant to a contract or |
27 | for the purpose of government or educational benefit. |
28 | "Habitual locale." The place where a transient can be |
29 | habitually located, including locations an individual frequents, |
30 | or intends to frequent, during the day or night, including, but |
|
1 | not limited to, parks, buildings, libraries and homeless |
2 | shelters. |
3 | "IAFIS." The Integrated Automated Fingerprint Identification |
4 | System. |
5 | "Integrated Automated Fingerprint Identification System." |
6 | The national fingerprint and criminal history system maintained |
7 | by the Federal Bureau of Investigation providing automated |
8 | fingerprint search capabilities, latent searching capability, |
9 | electronic image storage and electronic exchange of fingerprints |
10 | and responses. |
11 | "Juvenile offender." Any individual of any age required to |
12 | register under section 9799.13 (relating to registration) on the |
13 | basis of an adjudication of delinquency. |
14 | "Mental abnormality." A congenital or acquired condition of |
15 | a person that affects the emotional or volitional capacity of |
16 | the person in a manner that predisposes that person to the |
17 | commission of criminal sexual acts to a degree that makes the |
18 | person a menace to the health and safety of other persons. |
19 | "Minor." Any individual less than 18 years of age. |
20 | "Municipality." A city, borough, incorporated town or |
21 | township. |
22 | "Offender." Any individual required to register under |
23 | section 9799.13 (relating to registration). |
24 | "Out-of-State offender." Any individual required to register |
25 | under section 9799.13 (relating to registration) due to a |
26 | conviction or adjudication of delinquency in another |
27 | jurisdiction or to a court-martial. |
28 | "Penetration." Includes any penetration, however slight, of |
29 | the genitals or anus or mouth of another person with a part of |
30 | the person's body or a foreign object for any purpose other than |
|
1 | good faith medical, hygienic or law enforcement procedures. |
2 | "Predatory." An act directed at a stranger or at a person |
3 | with whom a relationship has been initiated, established, |
4 | maintained or promoted, in whole or in part, in order to |
5 | facilitate or support victimization. |
6 | "Present." The location where an offender or out-of-State |
7 | offender resides, is habitually located, is employed or is |
8 | enrolled as a student. |
9 | "Registration information." All of the following information |
10 | concerning the offender: |
11 | (1) Primary given name, including any aliases, |
12 | nicknames, ethnic or tribal names and any pseudonyms, |
13 | regardless of the context in which they are used. |
14 | (2) Valid and purported Social Security number. |
15 | (3) Actual and purported date of birth. |
16 | (4) Place of birth. |
17 | (5) Physical description, including sex, height, weight, |
18 | eye color, hair color, race and any scars, marks, tattoos or |
19 | other unique features of the individual. |
20 | (6) Fingerprints taken and submitted to IAFIS. |
21 | (7) Palm prints taken and submitted to the Federal |
22 | Bureau of Investigation Central Database. |
23 | (8) DNA sample taken and submitted in accordance with 44 |
24 | Pa.C.S. Ch. 23 (relating to DNA data and testing) to the |
25 | State DNA Data Base for entry into the Combined DNA Index |
26 | System (CODIS) in accordance with procedures established by |
27 | the Pennsylvania State Police. The collection of DNA at time |
28 | of collecting registration information or updating or |
29 | verifying registration information is not required if the |
30 | registering official or approved registration site can |
|
1 | confirm that the DNA collection and submission has already |
2 | occurred. |
3 | (9) A digitized copy of a valid driver's license or |
4 | identification card issued to the offender. |
5 | (10) A digitized copy of the offender's passport and |
6 | immigration documents. |
7 | (11) A photograph of the offender's face. |
8 | (12) Any telephone numbers, including landline and cell |
9 | phone numbers, and any other designations used by the |
10 | offender for purposes of routing or self-identification in |
11 | telephonic communications. |
12 | (13) Any e-mail addresses, any instant message addresses |
13 | or identifiers, any designations or monikers used by the |
14 | offender for purposes of routing or self-identification in |
15 | Internet communications or postings. |
16 | (14) The address of each residence at which the offender |
17 | resides or will reside or, in the case of an offender who |
18 | does not have a residence, the offender's habitual locale. |
19 | (15) The location at which the offender receives |
20 | delivery of mail, including a post office box or general |
21 | delivery post office location. |
22 | (16) The name and address of any place where the |
23 | offender is employed or will be employed. |
24 | (17) The name and address of any place where the |
25 | offender attends school or will attend school. |
26 | (18) The license plate number, registration number or |
27 | any other identifier of all vehicles, including land |
28 | vehicles, aircraft or watercraft owned or operated by the |
29 | offender, whether for work or personal use, including a |
30 | description of the vehicle and the permanent or frequent |
|
1 | location where the vehicle is kept. |
2 | (19) Information concerning all licensing authorizing |
3 | the offender to engage in an occupation or carry out a trade |
4 | or business. |
5 | (20) The offenses requiring registration, including a |
6 | citation or link to the provision of law defining the offense |
7 | for which the offender is registered. |
8 | (21) The dates of all arrests, convictions and |
9 | outstanding arrest warrants that have been entered into the |
10 | Commonwealth Law Enforcement Assistance Network, as well as |
11 | the status of the offender's parole, probation, supervised |
12 | release and registration. |
13 | (22) The date or dates of the current or subsequent |
14 | period of incarceration and release from incarceration. |
15 | (23) Forms signed by the offender acknowledging that he |
16 | or she was advised of his or her registration obligations. |
17 | The form and signature may be electronic. |
18 | "Registration start date." The date on which an offender or |
19 | out-of-State offender's registration information is approved and |
20 | entered into the State sexual offender registry by the |
21 | Pennsylvania State Police. |
22 | "Registry official." The person or entity responsible for |
23 | obtaining registration information as set forth in this |
24 | subchapter. |
25 | "Residence." The location of an individual's home or other |
26 | place where the individual habitually resides or intends to |
27 | reside for 30 cumulative days or more during a calendar year. |
28 | The term may include more than one location and be mobile or |
29 | transitory, including, but not limited to, a homeless shelter. |
30 | An individual confined in a State correctional institution or |
|
1 | motivational boot camp shall be considered to be a resident of |
2 | the Department of Corrections. However, an individual confined |
3 | in a community corrections center operated by the Department of |
4 | Corrections or pursuant to a contract between the Department of |
5 | Corrections and a contractor or other provider shall be |
6 | considered a resident of the specific facility where the |
7 | individual is living. |
8 | "Sexually violent offense." Any Class 1, Class 2 or Class 3 |
9 | sexual offense. |
10 | "Sexually violent predator." An individual who has been |
11 | convicted of an offense as set forth under section 9799.13 |
12 | (relating to registration) and who is determined to be a |
13 | sexually violent predator under section 9799.18 (relating to |
14 | assessments) due to a mental abnormality or personality disorder |
15 | that makes the person likely to engage in predatory sexually |
16 | violent offenses. The term includes: |
17 | (1) An individual determined to be a sexually violent |
18 | predator, or other similar designation, if the determination |
19 | occurred in the United States or one of its territories or |
20 | possessions, another state, the District of Columbia, a |
21 | federally recognized Indian tribe, a foreign nation or a |
22 | military tribunal. |
23 | (2) An individual determined to be a sexually violent |
24 | delinquent child under Chapter 64 (relating to court-ordered |
25 | involuntary treatment of certain sexually violent persons), |
26 | regardless of whether the individual has been subsequently |
27 | discharged from involuntary treatment. |
28 | "Similar offense." An offense under a former law of this |
29 | Commonwealth or the laws of the United States or one of its |
30 | territories or possessions, another state, the District of |
|
1 | Columbia, a federally recognized Indian tribe or a foreign |
2 | nation. |
3 | "State sexual offender registry." The Statewide registry of |
4 | offenders and out-of-State offenders maintained by the |
5 | Pennsylvania State Police. |
6 | "Student." A person who is enrolled on a full-time or part- |
7 | time basis in any public or private educational institution, |
8 | including any secondary school, trade or professional |
9 | institution or institution of higher education. |
10 | "Transient." An offender or out-of-State offender who does |
11 | not have a residence and is present in this Commonwealth. |
12 | § 9799.13. Registration. |
13 | (a) General rule.--The following individuals present in this |
14 | Commonwealth shall register with the Pennsylvania State Police |
15 | in accordance with the provisions of this subchapter: |
16 | (1) Individuals who, on or after the effective date of |
17 | this section, are convicted of a Class 1, Class 2 or Class 3 |
18 | sexual offense or a similar offense. |
19 | (2) Individuals who, on or after the effective date of |
20 | this section, are convicted of any Federal or military |
21 | offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and |
22 | (v) (relating to relevant definitions, including Amie Zyla |
23 | expansion of sex offender definition and expanded inclusion |
24 | of child predators) or who, on the effective date of this |
25 | section, are required to register under a sexual offender |
26 | statute in the jurisdiction where the individual was |
27 | convicted, sentenced, adjudicated delinquent or court- |
28 | martialed. |
29 | (3) Individuals who, on or after the effective date of |
30 | this section, are incarcerated, serving a sentence of |
|
1 | intermediate punishment or under the supervision of the |
2 | Pennsylvania Board of Probation and Parole or any Federal or |
3 | county probation and parole office for a Class 1, Class 2 or |
4 | Class 3 sexual offense or a similar offense or for an offense | <-- |
5 | enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v). |
6 | (4) Individuals who, on or after the effective date of |
7 | this section, are convicted of or incarcerated, serving a |
8 | sentence of intermediate punishment or under the supervision |
9 | of the Pennsylvania Board of Probation and Parole or any |
10 | county probation and parole office for any felony offense, if |
11 | the individual: |
12 | (i) was previously convicted at any time of a Class |
13 | 1, Class 2 or Class 3 sexual offense or a similar |
14 | offense, regardless of whether the offense was designated |
15 | as a Class 1, Class 2 or Class 3 sexual offense at the | <-- |
16 | time of the conviction; |
17 | (ii) was convicted of an offense enumerated in 42 |
18 | U.S.C. § 16911(5)(A)(iii), (iv) and (v); or |
19 | (iii) was previously required to register under a |
20 | sexual offender statute in another jurisdiction and his |
21 | or her registration obligation in that jurisdiction had |
22 | expired prior to the effective date of this section. |
23 | (5) Individuals who, on or after the effective date of |
24 | this section, are adjudicated delinquent following a |
25 | determination by the court that the individual has committed |
26 | any of the following offenses or similar offenses subsequent |
27 | to attaining 14 years of age: |
28 | (i) 18 Pa.C.S. § 901 (relating to criminal attempt) |
29 | if the underlying offense is listed in subparagraph (iv), |
30 | (v) or (vi). |
|
1 | (ii) 18 Pa.C.S. § 902 (relating to criminal |
2 | solicitation) if the underlying offense is listed in |
3 | subparagraph (iv), (v) or (vi). |
4 | (iii) 18 Pa.C.S. § 903 (relating to criminal |
5 | conspiracy) if the underlying offense is listed in |
6 | subparagraph (iv), (v) or (vi). |
7 | (iv) 18 Pa.C.S. § 3121 (relating to rape). |
8 | (v) 18 Pa.C.S. § 3123 (relating to involuntary |
9 | deviate sexual intercourse). |
10 | (vi) 18 Pa.C.S. § 3125 (relating to aggravated |
11 | indecent assault). |
12 | (6) Individuals who, on the effective date of this |
13 | section, are under court-ordered placement in an institution, |
14 | youth development center, camp, institution operated by the |
15 | Department of Public Welfare or other facility designed or |
16 | operated for the benefit of delinquent children, or are on |
17 | probation or otherwise under the supervision of the court due |
18 | to an adjudication of delinquency following a determination |
19 | by the court that the individual has committed any of the |
20 | following offenses or similar offenses subsequent to |
21 | attaining 14 years of age: |
22 | (i) 18 Pa.C.S. § 901 if the underlying offense is |
23 | listed in subparagraph (iv), (v) or (vi). |
24 | (ii) 18 Pa.C.S. § 902 (relating to criminal |
25 | solicitation) if the underlying offense is listed in |
26 | subparagraph (iv), (v) or (vi). |
27 | (iii) 18 Pa.C.S. § 903 if the underlying offense is |
28 | listed in subparagraph (iv), (v) or (vi). |
29 | (iv) 18 Pa.C.S. § 3121. |
30 | (v) 18 Pa.C.S. § 3123. |
|
1 | (vi) 18 Pa.C.S. § 3125. |
2 | (7) Individuals who, on or after the effective date of |
3 | this section, are committed to or receiving involuntary |
4 | treatment in a facility under Chapter 64 (relating to court- |
5 | ordered involuntary treatment of certain sexually violent |
6 | persons). |
7 | (8) Individuals who, on the effective date of this |
8 | section, are registered in the State sexual offender registry |
9 | under this subchapter. |
10 | (b) Natural disaster.--The occurrence of a natural disaster |
11 | or other event requiring evacuation of residences shall not |
12 | relieve an individual of the duty to register or any other duty |
13 | imposed by this chapter. |
14 | (c) Residents in group-based homes.-- | <-- |
15 | (1) No group-based home, as that term is defined under |
16 | 61 Pa.C.S. § 6124 (relating to certain offenders residing in |
17 | group-based homes) may provide concurrent residence in the |
18 | group-based home to multiple individuals who are required to |
19 | register under this chapter as sexually violent predators, |
20 | unless the individuals are spouses, siblings or parent and |
21 | child to each other. |
22 | (2) A group-based home that violates paragraph (1) shall |
23 | be subject to a civil penalty in the amount of $2,500 for a |
24 | first violation and in the amount of $5,000 for a second or |
25 | subsequent violation. |
26 | (3) The Pennsylvania State Police or local law |
27 | enforcement agency of jurisdiction shall investigate |
28 | compliance with this subsection and the Attorney General or |
29 | district attorney may commence a civil action in the court of |
30 | common pleas of the county in which a group-based home is |
|
1 | located to impose and collect from the group-based home the |
2 | fine established in paragraph (2). |
3 | § 9799.14. Registration procedures for Pennsylvania offenders. |
4 | (a) Existing offenders.--An offender who, before the |
5 | effective date of this section, was convicted in this |
6 | Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and |
7 | is required to register under section 9799.13 (relating to |
8 | registration) shall register with the Pennsylvania State Police |
9 | by providing registration information to the appropriate |
10 | registering official for inclusion in the State sexual offender |
11 | registry subject to the following: |
12 | (1) If the offender is incarcerated in a State |
13 | correctional facility or county correctional facility, the |
14 | correctional facility shall notify the Pennsylvania State |
15 | Police, not more than 30 days in advance of, but not later |
16 | than ten days prior to, the offender's release from the |
17 | correctional facility. |
18 | (i) The correctional facility shall collect the |
19 | registration information from the offender and forward |
20 | the registration information to the Pennsylvania State |
21 | Police. |
22 | (ii) The correctional facility shall not release the |
23 | offender from custody until the correctional facility |
24 | receives verification from the Pennsylvania State Police |
25 | that the Pennsylvania State Police has received the |
26 | registration information. Verification by the |
27 | Pennsylvania State Police may occur by electronic means. |
28 | (2) If the offender is serving a sentence of |
29 | intermediate punishment or is under the supervision of the |
30 | Pennsylvania Board of Probation and Parole or any county |
|
1 | probation and parole office, the State or county probation |
2 | and parole office shall collect the registration information |
3 | from the offender and forward the registration information to |
4 | the Pennsylvania State Police. |
5 | (b) New offenders.--An offender who, on or after the |
6 | effective date of this section, is convicted in this |
7 | Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and | <-- |
8 | is required to register under section 9799.13 shall register |
9 | with the Pennsylvania State Police by providing the registration |
10 | information to the appropriate registering official for |
11 | inclusion in the State sexual offender registry subject to the |
12 | following: |
13 | (1) At the time of sentencing, the court shall require |
14 | the offender to immediately report to the Office of Probation |
15 | and Parole serving that county to register under this |
16 | subchapter. |
17 | (i) The appropriate office of probation and parole |
18 | shall collect the registration information from the |
19 | offender and forward the registration information to the |
20 | Pennsylvania State Police. |
21 | (ii) The court shall not authorize release of the |
22 | offender from custody until the appropriate office of |
23 | probation and parole serving that county receives |
24 | verification from the Pennsylvania State Police that the |
25 | Pennsylvania State Police has received the registration |
26 | information. Verification by the Pennsylvania State |
27 | Police may occur by electronic means. |
28 | (2) If the offender is incarcerated in a State |
29 | correctional facility or county correctional facility, the |
30 | correctional facility shall notify the Pennsylvania State |
|
1 | Police, not more than 30 days in advance of, but not later |
2 | than ten days prior to, the offender's release from the |
3 | correctional facility. |
4 | (i) The correctional facility shall ensure that |
5 | registration information for the offender has been |
6 | submitted to the Pennsylvania State Police. |
7 | (ii) If registration information has not been |
8 | submitted to the Pennsylvania State Police, the |
9 | correctional facility shall collect the registration |
10 | information from the offender and forward the |
11 | registration information to the Pennsylvania State |
12 | Police. |
13 | (iii) The correctional facility shall also report |
14 | any changes to the registration information on file with |
15 | the Pennsylvania State Police. |
16 | (iv) The correctional facility may not release the |
17 | offender until the correctional facility receives |
18 | verification from the Pennsylvania State Police that the |
19 | Pennsylvania State Police has received all registration |
20 | information. Verification by the Pennsylvania State |
21 | Police may occur by electronic means. |
22 | (c) Other new offenders.--An offender who, on or after the |
23 | effective date of this section, is convicted of or incarcerated, |
24 | serving a sentence of intermediate punishment or is under the |
25 | supervision of the Pennsylvania Board of Probation and Parole or |
26 | any county probation and parole office for any felony offense |
27 | and is required to register under section 9799.13 due to a prior |
28 | conviction shall register with the Pennsylvania State Police by |
29 | providing the registration information to the appropriate |
30 | registering official for inclusion in the State sexual offender |
|
1 | registry subject to the following: |
2 | (1) At the time of sentencing for a felony offense, the |
3 | court shall require the offender to immediately report to the |
4 | office of probation and parole serving that county to |
5 | register under this subchapter. |
6 | (i) The appropriate office of probation and parole |
7 | shall collect the registration information from the |
8 | offender and forward the registration information to the |
9 | Pennsylvania State Police. |
10 | (ii) The court may not authorize release of the |
11 | offender from custody until the appropriate office of |
12 | probation and parole serving that county receives |
13 | verification from the Pennsylvania State Police that the |
14 | Pennsylvania State Police has received the registration |
15 | information. Verification by the Pennsylvania State |
16 | Police may occur by electronic means. |
17 | (2) If the offender is incarcerated in a State |
18 | correctional facility or county correctional facility, the |
19 | correctional facility shall notify the Pennsylvania State |
20 | Police not more than 30 days in advance of, but not later |
21 | than ten days prior to, the offender's release from the |
22 | correctional facility. |
23 | (i) The correctional facility shall ensure that |
24 | registration information for the offender has been |
25 | submitted to the Pennsylvania State Police. |
26 | (ii) If registration information has not been |
27 | submitted to the Pennsylvania State Police, the |
28 | correctional facility shall collect the registration |
29 | information from the offender and forward the |
30 | registration information to the Pennsylvania State |
|
1 | Police. |
2 | (iii) The correctional facility shall also report |
3 | any changes to the registration information on file with |
4 | the Pennsylvania State Police. |
5 | (iv) The correctional facility may not release the |
6 | offender from custody until the correctional facility |
7 | receives verification from the Pennsylvania State Police |
8 | that the Pennsylvania State Police has received all |
9 | registration information. Verification by the |
10 | Pennsylvania State Police may occur by electronic means. |
11 | (3) If the offender is serving a sentence of |
12 | intermediate punishment or is under the supervision of the |
13 | Pennsylvania Board of Probation and Parole or any county |
14 | probation and parole office for a felony offense, the |
15 | appropriate probation and parole office shall collect the |
16 | registration information from the offender and forward the |
17 | registration information to the Pennsylvania State Police. |
18 | (d) Delinquency.-- |
19 | (1) This subsection applies to an offender who meets all |
20 | of the following requirements: |
21 | (i) On or after the effective date of this section, |
22 | is adjudicated delinquent following a determination by |
23 | the court that the individual has committed any of the |
24 | following offenses or similar offenses subsequent to |
25 | attaining 14 years of age: |
26 | (A) 18 Pa.C.S. § 901 (relating to criminal |
27 | attempt) if the underlying offense is listed in |
28 | clause (D), (E) or (F). |
29 | (B) 18 Pa.C.S. § 902 (relating to criminal |
30 | solicitation) if the underlying offense is listed in |
|
1 | clause (D), (E) or (F). |
2 | (C) 18 Pa.C.S. § 903 (relating to criminal |
3 | conspiracy) if the underlying offense is listed in |
4 | clause (D), (E) or (F). |
5 | (D) 18 Pa.C.S. § 3121 (relating to rape). |
6 | (E) 18 Pa.C.S. § 3123 (relating to involuntary |
7 | deviate sexual intercourse). |
8 | (F) 18 Pa.C.S. § 3125 (relating to aggravated |
9 | indecent assault). |
10 | (ii) Is required to register under section 9799.13. |
11 | (2) This subsection applies to an offender who meets all |
12 | of the following requirements: |
13 | (i) On the effective date of this section, is under |
14 | court-ordered placement in an institution, youth |
15 | development center, camp, institution operated by the |
16 | Department of Public Welfare or other facility designed |
17 | or operated for the benefit of delinquent children, or is |
18 | on probation or otherwise under the supervision of the |
19 | court, due to an adjudication of delinquency following a |
20 | determination by the court that the individual has |
21 | committed any of the following offenses subsequent to |
22 | attaining 14 years of age: |
23 | (A) 18 Pa.C.S. § 901 if the underlying offense |
24 | is listed in clause (D), (E) or (F). |
25 | (B) 18 Pa.C.S. § 902 if the underlying offense |
26 | is listed in clause (D), (E) or (F). |
27 | (C) 18 Pa.C.S. § 903 if the underlying offense |
28 | is listed in clause (D), (E) or (F). |
29 | (D) 18 Pa.C.S. § 3121. |
30 | (E) 18 Pa.C.S. § 3123. |
|
1 | (F) 18 Pa.C.S. § 3125. |
2 | (ii) Is required to register under section 9799.13. |
3 | (3) An offender subject to paragraph (1) or (2) shall |
4 | register with the Pennsylvania State Police by providing |
5 | registration information to the appropriate registering |
6 | official for inclusion in the State sexual offender registry. |
7 | The following apply: |
8 | (i) At the time of disposition of an offender |
9 | subject to the provisions of paragraph (1), the court |
10 | shall specifically classify the offender as a juvenile |
11 | offender subject to this subchapter in accordance with |
12 | section 9799.17(a)(6) (relating to court notification and |
13 | classification requirements) and shall require the |
14 | offender to immediately register under this subchapter. |
15 | The chief juvenile probation officer of the court shall |
16 | ensure the collection of the registration information |
17 | from the offender and forward the registration |
18 | information to the Pennsylvania State Police. The court |
19 | shall not release the offender from its custody until it |
20 | receives verification from the Pennsylvania State Police |
21 | that it has received the registration information. |
22 | Verification by the Pennsylvania State Police may occur |
23 | by electronic means. |
24 | (ii) If the offender who is subject to the |
25 | provisions of paragraph (2) is under court-ordered |
26 | placement in any institution, youth development center, |
27 | camp, institution operated by the Department of Public |
28 | Welfare or other facility designed or operated for the |
29 | benefit of delinquent children, the chief juvenile |
30 | probation officer of the court which entered the order |
|
1 | shall, within ten days of the effective date of this |
2 | section, inform the director of the facility that the |
3 | offender is subject to registration under section |
4 | 9799.13. The director of the facility, or a designee, |
5 | shall notify the Pennsylvania State Police not more than |
6 | 30 days in advance of, but not later than ten days prior |
7 | to, the offender's release from the facility. The |
8 | director of the facility, with the assistance of the |
9 | chief juvenile probation officer, shall make the offender |
10 | available for and facilitate the collection of the |
11 | registration information from the offender as instructed |
12 | by the Pennsylvania State Police and forward the |
13 | registration information to the Pennsylvania State |
14 | Police. The facility shall not release the offender until |
15 | it receives verification from the Pennsylvania State |
16 | Police that it has received the registration information. |
17 | Verification by the Pennsylvania State Police may occur |
18 | by electronic means. |
19 | (iii) If the offender who is subject to the |
20 | provisions of paragraph (2) is on probation or otherwise |
21 | under the supervision of the court, the chief juvenile |
22 | probation officer of the court shall ensure collection of |
23 | the registration information from the offender and |
24 | forward the registration information to the Pennsylvania |
25 | State Police. |
26 | (e) Receiving involuntary treatment.-- |
27 | (1) This subsection applies to an offender who meets all |
28 | of the following requirements: |
29 | (i) On the effective date of this section, is |
30 | receiving involuntary treatment in a facility designated |
|
1 | by the Department of Public Welfare under Chapter 64 |
2 | (relating to court-ordered involuntary treatment of |
3 | certain sexually violent persons). |
4 | (ii) Is required to register under section 9799.13. |
5 | (2) An offender subject to paragraph (1) shall register |
6 | with the Pennsylvania State Police by providing registration |
7 | information to the appropriate registering official for |
8 | inclusion in the State sexual offender registry. The |
9 | following shall apply: |
10 | (i) Within 60 days of the effective date of this |
11 | section, the director of the facility shall make the |
12 | offender available for and facilitate the collection of |
13 | the registration information from the offender as |
14 | instructed by the Pennsylvania State Police and forward |
15 | that information to the Pennsylvania State Police. |
16 | (ii) The director of the facility, or a designee, |
17 | shall notify the Pennsylvania State Police of the dates |
18 | of any review hearing, the submission of an outpatient |
19 | treatment plan under section 6404 (relating to duration |
20 | of inpatient commitment and review) or the filing of a |
21 | petition for discharge under section 6404.2 (relating to |
22 | outpatient commitment and review) and shall provide to |
23 | the Pennsylvania State Police copies of all court orders |
24 | resulting from the hearing or petition. |
25 | (iii) Notwithstanding any other provision of law, |
26 | the court, upon determining that the offender will be |
27 | transferred to involuntary outpatient treatment or |
28 | discharged, shall require the offender to immediately |
29 | update the registration information collected under this |
30 | subchapter and shall not order transfer of or discharge |
|
1 | the offender until the court receives verification from |
2 | the Pennsylvania State Police that it has received the |
3 | updated registration information. The director of the |
4 | facility, or a designee, shall make the offender |
5 | available for and facilitate the collection of the |
6 | updated registration information as instructed by the |
7 | Pennsylvania State Police and forward that information to |
8 | the Pennsylvania State Police. Verification by the |
9 | Pennsylvania State Police that it has received the |
10 | updated registration information may occur by electronic |
11 | means. |
12 | (f) Subsequent commitment to involuntary treatment.-- |
13 | (1) This subsection applies to an offender who meets all |
14 | of the following requirements: |
15 | (i) On or after the effective date of this section, |
16 | is committed to involuntary treatment in a facility |
17 | designated by the Department of Public Welfare under |
18 | Chapter 64. |
19 | (ii) Is required to register under section 9799.13. |
20 | (2) An offender subject to paragraph (1) shall register |
21 | with the Pennsylvania State Police by providing registration |
22 | information to the appropriate registering official for |
23 | inclusion in the State sexual offender registry. The |
24 | following apply: |
25 | (i) At the time of the commitment, the court shall |
26 | require the offender to immediately register under this |
27 | subchapter. The chief juvenile probation officer of the |
28 | court shall ensure the collection of the registration |
29 | information from the offender and forward the |
30 | registration information to the Pennsylvania State |
|
1 | Police. Verification by the Pennsylvania State Police may |
2 | occur by electronic means. |
3 | (ii) The director of the facility, or a designee, |
4 | shall notify the Pennsylvania State Police of the dates |
5 | of any review hearing, the submission of an outpatient |
6 | treatment plan under section 6404 or the filing of a |
7 | petition for discharge under section 6404.2 and shall |
8 | provide to the Pennsylvania State Police copies of all |
9 | court orders resulting from the hearing or petition. |
10 | (iii) Notwithstanding any other provision of law, |
11 | the court, upon determining that the offender will be |
12 | transferred to involuntary outpatient treatment or |
13 | discharged, shall require the offender to immediately |
14 | update the registration information collected under this |
15 | subchapter and shall not order transfer of or discharge |
16 | the offender until the court receives verification from |
17 | the Pennsylvania State Police that it has received the |
18 | updated registration information. The director of the |
19 | facility, or a designee, shall make the offender |
20 | available for and facilitate the collection of updated |
21 | registration information as instructed by the |
22 | Pennsylvania State Police and forward that information to |
23 | the Pennsylvania State Police. Verification by the |
24 | Pennsylvania State Police that it has received the |
25 | updated registration information may occur by electronic |
26 | means. |
27 | (g) Refusal to provide registration information.-- |
28 | (1) This subsection applies to an offender who is |
29 | scheduled: |
30 | (i) to be released from a: |
|
1 | (A) State correctional facility; |
2 | (B) county correctional facility; |
3 | (C) facility designed or operated for the |
4 | benefit of delinquent children; or |
5 | (D) facility designated by the Department of |
6 | Public Welfare under Chapter 64; or |
7 | (ii) to commence a sentence of probation, parole or |
8 | intermediate punishment. |
9 | (2) If an offender subject to paragraph (1) refuses to |
10 | provide registration information or report a change in |
11 | registration information, the facility or probation and |
12 | parole office shall notify the Pennsylvania State Police or |
13 | police department with primary jurisdiction of the location |
14 | of the offender. |
15 | (3) The Pennsylvania State Police or police department |
16 | with primary jurisdiction shall locate and arrest the |
17 | offender for a violation of 18 Pa.C.S. § 4915 (relating to |
18 | failure to comply with registration of sexual offenders |
19 | requirements). |
20 | (h) Appearance required for change of registration |
21 | information.-- |
22 | (1) An offender shall appear in person at an approved |
23 | registration site to complete a change of information form |
24 | within 72 hours of any change in registration information. |
25 | (2) When an offender has been reincarcerated or |
26 | recommitted to a facility referred to in subsection (g)(1) |
27 | (i), for any reason, the facility shall update the offender's |
28 | registration information. |
29 | (3) The correctional facility shall not release the |
30 | offender from custody until the correctional facility |
|
1 | receives verification from the Pennsylvania State Police that |
2 | the Pennsylvania State Police has received the registration |
3 | information. Verification by the Pennsylvania State Police |
4 | may occur by electronic means. |
5 | (i) Appearance required after release.--An offender subject |
6 | to registration under section 9799.13 who has not submitted |
7 | registration information under the procedures in this section |
8 | shall appear in person at an approved registration site within |
9 | 72 hours of release from sentencing or release from |
10 | incarceration. |
11 | (j) Notice required prior to travel outside Commonwealth.-- |
12 | (1) An offender shall provide notice to the Pennsylvania |
13 | State Police at least ten days before traveling outside this |
14 | Commonwealth and at least 21 days before traveling outside |
15 | the United States, provided the offender will be outside this |
16 | Commonwealth for at least seven days. |
17 | (2) The offender shall specify the place at which the |
18 | offender will be located outside this Commonwealth and the |
19 | purposes of and the duration of the travel. |
20 | (k) Appearance required prior to temporary lodgings.--An |
21 | offender who resides or is habitually located in this |
22 | Commonwealth and who will travel from the offender's residence |
23 | or habitual locale to any location for at least seven days |
24 | shall, not less than ten days in advance of travel, appear at an |
25 | approved registration site and notify the Pennsylvania State |
26 | Police of the place at which the offender will be temporarily |
27 | lodged and the duration of the travel. |
28 | (l) Registration information to law enforcement.-- |
29 | (1) As follows: |
30 | (i) The Pennsylvania State Police shall provide the |
|
1 | information obtained under this section to the district |
2 | attorney of the county or counties in which the |
3 | individual will be present, the chief law enforcement |
4 | officers of the police departments of the municipalities |
5 | in which the individual will be present and the probation |
6 | or parole office where the individual will be present. |
7 | (ii) The Pennsylvania State Police shall notify the |
8 | sexual offender registry of any other jurisdiction with |
9 | which the individual is registered. |
10 | (2) As follows: |
11 | (i) The Pennsylvania State Police shall provide |
12 | notice to the chief law enforcement officers of the |
13 | police departments of the municipalities notified |
14 | pursuant to paragraph (1) when an individual fails to |
15 | comply with the registration requirements of this section |
16 | and request, as appropriate, that the police departments |
17 | assist in locating and apprehending the individual. |
18 | (ii) The Pennsylvania State Police shall notify the |
19 | United States Marshals Service of the individual's |
20 | failure to comply. |
21 | (3) The Pennsylvania State Police shall provide notice |
22 | to the chief law enforcement officers of the police |
23 | departments of the municipalities notified pursuant to |
24 | paragraph (1) when the Pennsylvania State Police are in |
25 | receipt of information indicating that the individual will no |
26 | longer be present in the municipality. |
27 | (4) As follows: |
28 | (i) If an offender informs the Pennsylvania State |
29 | Police of the offender's intent to travel outside or be |
30 | temporarily lodged outside this Commonwealth, the |
|
1 | Pennsylvania State Police shall, within 72 hours of being |
2 | notified, inform the jurisdiction where the offender |
3 | intends to travel or be temporarily lodged. |
4 | (ii) When an offender informs the Pennsylvania State |
5 | Police of the offender's intent to travel outside or be |
6 | temporarily lodged outside the United States, the |
7 | Pennsylvania State Police shall, within 72 hours of being |
8 | notified, inform the United States Marshals Service. |
9 | (m) Penalty.--An offender who fails to comply with the |
10 | requirements of this subchapter is subject to prosecution under |
11 | 18 Pa.C.S. § 4915. |
12 | § 9799.15. Registration procedures for out-of-State offenders. |
13 | (a) General duties.-–An out-of-State offender who is |
14 | required to register under section 9799.13 (relating to |
15 | registration) shall: |
16 | (1) Appear in person at an approved registration site |
17 | within 72 hours of the offender's arrival in this |
18 | Commonwealth. |
19 | (2) Provide the required registration information to an |
20 | appropriate official for inclusion in the State sexual |
21 | offender registry. |
22 | (b) Classification.-- |
23 | (1) The Pennsylvania State Police shall classify an out- |
24 | of-State offender as a Class 1, Class 2 or Class 3 sexual |
25 | offender or sexually violent predator based on whether the |
26 | offender's offense is similar to those specified in this |
27 | subchapter or upon the offender's classification in the |
28 | jurisdiction of conviction or court-martial, whichever is |
29 | greater. If an individual is registered solely due to a |
30 | requirement to register under a sexual offender statute in |
|
1 | another jurisdiction and the individual's conviction is not |
2 | similar to an offense specified in this subchapter, nor is |
3 | the individual classified in the individual's state of |
4 | conviction, the Pennsylvania State Police shall classify the |
5 | out-of-State offender as a Class 1 sexual offender. |
6 | (2) If an individual is registered solely due to the |
7 | individual's conviction for an offense specified in 42 U.S.C. |
8 | § 16911(5)(A)(iii) (relating to relevant definitions, |
9 | including Amie Zyla expansion of sex offender definition and |
10 | expanded inclusion of child predators) and the conviction |
11 | does not equate to a Class 1, Class 2 or Class 3 sexual | <-- |
12 | offense, the offender shall be classified based upon the |
13 | criteria specified in 42 U.S.C. § 16911. |
14 | (3) If an individual registered due to an adjudication |
15 | of delinquency for an offense equivalent to an offense listed |
16 | under section 9799.13, the offender shall be classified as a |
17 | juvenile offender and subject to the same provisions |
18 | applicable to Pennsylvania juvenile offenders under this |
19 | subchapter. |
20 | (c) Appearance required for change of registration |
21 | information.-- |
22 | (1) An out-of-State offender shall appear in person at |
23 | an approved registration site to complete a change of |
24 | information form within 72 hours of any change in |
25 | registration information. |
26 | (2) If an out-of-State offender has been |
27 | incarcerated or committed to a facility in this Commonwealth |
28 | for any reason, the State correctional facility, county |
29 | correctional facility, facility designed or operated for the |
30 | benefit of delinquent children or facility designated by the |
|
1 | Department of Public Welfare under Chapter 64 (relating to |
2 | court-ordered involuntary treatment of certain sexually |
3 | violent persons) shall update the out-of-State offender's |
4 | registration and notify the Pennsylvania State Police within |
5 | 72 hours of intake. |
6 | (3) If an out-of-State offender has been incarcerated or |
7 | committed to a facility in this Commonwealth for any reason, |
8 | the State correctional facility, county correctional |
9 | facility, facility designed or operated for the benefit of |
10 | delinquent children or facility designated by the Department |
11 | of Public Welfare under Chapter 64 shall not release the out- |
12 | of-State offender from custody until it has received |
13 | verification from the Pennsylvania State Police that the |
14 | Pennsylvania State Police has received the registration |
15 | information. Verification by the Pennsylvania State Police |
16 | may occur by electronic means. |
17 | (d) Notice required prior to travel outside Commonwealth.-- |
18 | (1) An out-of-State offender registered under this |
19 | subchapter shall provide notice to the Pennsylvania State |
20 | Police at least ten days before traveling outside this |
21 | Commonwealth and at least 21 days before traveling outside |
22 | the United States, provided the offender will be outside this |
23 | Commonwealth for at least seven days. |
24 | (2) The out-of-State offender shall specify the place at |
25 | which the out-of-State offender will be located outside this |
26 | Commonwealth and the purposes of and the duration of the |
27 | travel. |
28 | (e) Appearance required prior to temporary lodgings.--An |
29 | out-of-State offender who resides or is habitually located in |
30 | this Commonwealth who will be away from the offender's residence |
|
1 | or habitual locale at any location for at least seven days |
2 | shall, not less than five days in advance of travel, appear at |
3 | an approved registration site and notify the Pennsylvania State |
4 | Police of the place at which the offender will be temporarily |
5 | lodged and the duration of the travel. |
6 | (f) Duties for offenders in custody or under supervision.-- |
7 | Notwithstanding the provisions of this section, an out-of-State |
8 | offender who is incarcerated in a Pennsylvania correctional |
9 | facility serving a sentence of intermediate punishment or |
10 | otherwise under the supervision of the Pennsylvania Board of |
11 | Probation and Parole or any county probation and parole office |
12 | shall register in accordance with the provisions of this |
13 | section. |
14 | (g) Registration information to law enforcement.-- |
15 | (1) (i) The Pennsylvania State Police shall provide the |
16 | information obtained under this section to the district |
17 | attorney of the county or counties in which the |
18 | individual will be present, the chief law enforcement |
19 | officers of the police departments of the municipalities |
20 | in which the individual will be present and the probation |
21 | or parole office where the individual will be present. |
22 | (ii) The Pennsylvania State Police shall notify the |
23 | sexual offender registry of any other jurisdiction with |
24 | which the individual is registered. |
25 | (2) (i) The Pennsylvania State Police shall provide |
26 | notice to the chief law enforcement officers of the |
27 | police departments of the municipalities notified |
28 | pursuant to paragraph (1) when an individual fails to |
29 | comply with the registration requirements of this section |
30 | and request, as appropriate, that the police departments |
|
1 | assist in locating and apprehending the individual. |
2 | (ii) The Pennsylvania State Police shall notify the |
3 | United States Marshals Service of the individual's |
4 | failure to comply. |
5 | (3) The Pennsylvania State Police shall provide notice |
6 | to the chief law enforcement officers of the police |
7 | departments of the municipalities notified pursuant to |
8 | paragraph (1) when the Pennsylvania State Police are in |
9 | receipt of information indicating that the individual will no |
10 | longer be present in the municipality. |
11 | (4) (i) If an out-of-State offender informs the |
12 | Pennsylvania State Police of the offender's intent to |
13 | travel outside or be temporarily lodged outside this |
14 | Commonwealth, the Pennsylvania State Police shall, within |
15 | 72 hours of being notified, inform the jurisdiction where |
16 | the offender or out-of-State offender intends to travel |
17 | or be temporarily lodged. |
18 | (ii) When an offender or out-of-State offender |
19 | informs the Pennsylvania State Police of the offender's |
20 | intent to travel outside or be temporarily lodged outside |
21 | the United States, the Pennsylvania State Police shall, |
22 | within 72 hours of being notified, inform the United |
23 | States Marshals Service. |
24 | (h) Penalty.--An out-of-State offender who fails to comply |
25 | with the requirements of this subchapter is subject to |
26 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
27 | comply with registration of sexual offenders requirements). |
28 | § 9799.16. Length of registration. |
29 | (a) Classifications.--Offenders, out-of-State offenders, |
30 | juvenile offenders and sexually violent predators shall register |
|
1 | in accordance with this subchapter for the following periods of |
2 | time: |
3 | (1) Class 1 sexual offenders and Class 1 out-of-State | <-- |
4 | offenders shall register for 15 years. |
5 | (2) Class 2 sexual offenders, Class 2 out-of-State | <-- |
6 | offenders and juvenile offenders shall register for 25 years. |
7 | (3) Class 3 sexual offenders, Class 3 out-of-State | <-- |
8 | offenders and sexually violent predators shall register for |
9 | life. |
10 | (b) Tolling.--The registration periods required by this |
11 | subchapter shall be tolled when an offender, out-of-State |
12 | offender or juvenile offender is in custody or civilly committed |
13 | for any reason. |
14 | § 9799.17. Court notification and classification requirements. |
15 | (a) Notice to and classification of offenders.--At the time |
16 | of sentencing, juvenile delinquency disposition or commitment |
17 | for involuntary treatment under Chapter 64 (relating to court- |
18 | ordered involuntary treatment of certain sexually violent |
19 | persons), the court shall inform offenders of the provisions of |
20 | this subchapter. The court shall: |
21 | (1) Specifically inform the offender of the duty to |
22 | register and require the offender to register immediately |
23 | following sentencing or disposition in accordance with this |
24 | subchapter. |
25 | (2) Specifically inform the offender of the duty to |
26 | verify the offender's registration in accordance with this |
27 | subchapter, and the duty to update the offender's |
28 | registration information with the Pennsylvania State Police |
29 | within 72 hours of any change in registration information. |
30 | (3) Specifically inform the offender of the duty to |
|
1 | notify the Pennsylvania State Police within 72 hours if the |
2 | offender intends to leave this Commonwealth or if the |
3 | offender intends to establish an additional residence, place |
4 | of employment or attend school in another jurisdiction. The |
5 | court shall also inform the offender of the duty to register |
6 | in the new jurisdiction with the relevant law enforcement |
7 | agency no later than 72 hours after arrival in that |
8 | jurisdiction. |
9 | (4) Specifically inform the offender of the duty to |
10 | register with the appropriate authorities in any state in |
11 | which the offender is employed, carries on a vocation or is a |
12 | student if the state requires registration. |
13 | (5) Require the offender to read and sign a form stating |
14 | that the duty to register under this subchapter has been |
15 | explained. If the offender is incapable of speaking, reading |
16 | or writing the English language, the court shall certify the |
17 | duty to register was explained to the offender, and the |
18 | offender indicated an understanding of the duty. |
19 | (6) Specifically classify the offender as a Class 1, |
20 | Class 2 or Class 3 sexual offender, sexually violent predator |
21 | or juvenile offender subject to this subchapter. |
22 | (b) Supplemental notice.--Notice shall also be provided to |
23 | an individual a court is sentencing for a crime, if that crime |
24 | is a felony and the individual was previously convicted at any |
25 | time of a Class 1, Class 2 or Class 3 sexual offense or a |
26 | similar offense or was convicted of an offense specified in 42 |
27 | U.S.C. § 16911(5)(A)(iii), (iv) and (v) (relating to relevant |
28 | definitions, including Amie Zyla expansion of sex offender |
29 | definition and expanded inclusion of child predators). |
30 | (c) Mandatory registration.--All offenders must register in |
|
1 | accordance with this subchapter. |
2 | (1) A failure by a court to provide the information |
3 | required in this section, to correctly inform an offender of |
4 | the offender's obligations or to require an offender to |
5 | register shall not free an offender from the registration |
6 | requirements as stated in this subchapter. |
7 | (2) As registration pursuant to this subchapter is a |
8 | collateral civil consequence of an offender's conviction, |
9 | adjudication of delinquency or commitment for involuntary |
10 | treatment, and is not to be construed as punitive, no court |
11 | shall have the authority to exempt an offender from |
12 | registration pursuant to this subchapter or otherwise modify |
13 | the terms of an offender's registration. |
14 | § 9799.18. Assessments. |
15 | (a) Order for assessment.--After conviction but before |
16 | sentencing, a court shall order an individual convicted of a |
17 | Class 1, Class 2 or Class 3 sexual offense to be assessed by the |
18 | board. The order for an assessment shall be sent to the |
19 | administrative officer of the board within ten days of the date |
20 | of conviction for a Class 1, Class 2 or Class 3 sexual offense. |
21 | (b) Assessment.--Upon receipt from the court of an order for |
22 | an assessment, a member of the board as designated by the |
23 | administrative officer of the board shall conduct an assessment |
24 | of the individual to determine if the individual should be |
25 | classified as a sexually violent predator. The board shall |
26 | establish standards for evaluations and for evaluators |
27 | conducting the assessments. An assessment shall include, but not |
28 | be limited to, an examination of the following: |
29 | (1) Facts of the current offense, including: |
30 | (i) Whether the offense involved multiple victims. |
|
1 | (ii) Whether the individual exceeded the means |
2 | necessary to achieve the offense. |
3 | (iii) The nature of the sexual contact with the |
4 | victim. |
5 | (iv) Relationship of the individual to the victim. |
6 | (v) Age of the victim. |
7 | (vi) Whether the offense included a display of |
8 | unusual cruelty by the individual during the commission |
9 | of the crime. |
10 | (vii) The mental capacity of the victim. |
11 | (2) Prior offense history, including: |
12 | (i) The individual's prior criminal record. |
13 | (ii) Whether the individual completed any prior |
14 | sentences. |
15 | (iii) Whether the individual participated in |
16 | available programs for sexual offenders. |
17 | (3) Characteristics of the individual, including: |
18 | (i) Age. |
19 | (ii) Use of illegal drugs. |
20 | (iii) Any mental illness, mental disability or |
21 | mental abnormality. |
22 | (iv) Behavioral characteristics that contribute to |
23 | the individual's conduct. |
24 | (4) Factors that are supported in a sexual offender |
25 | assessment field as criteria reasonably related to the risk |
26 | of re-offense. |
27 | (c) Release of information.--All State, county and local |
28 | agencies, offices and entities in this Commonwealth, including |
29 | juvenile probation officers, shall cooperate by providing copies |
30 | of records and information as requested by the board in |
|
1 | connection with the court-ordered assessment and the assessment |
2 | requested by the Pennsylvania Board of Probation and Parole or |
3 | the assessment of a delinquent child under section 6358 |
4 | (relating to assessment of delinquent children by the State |
5 | Sexual Offenders Assessment Board). |
6 | (d) Submission of report by board.--The board shall have 90 |
7 | days from the date of conviction of the individual to submit a |
8 | written report containing its assessment to the district |
9 | attorney. |
10 | (d.1) Summary of offense.--The board shall prepare a |
11 | description of the offense or offenses that trigger the |
12 | application of this subchapter to include, but not be limited |
13 | to: |
14 | (1) A concise narrative of the offender's conduct. |
15 | (2) Whether the victim was a minor. |
16 | (3) The manner of weapon or physical force used or |
17 | threatened. |
18 | (4) If the offense involved unauthorized entry into a |
19 | room or vehicle occupied by the victim. |
20 | (5) If the offense was part of a course or pattern of |
21 | conduct involving multiple incidents or victims. |
22 | (6) Previous instances in which the offender was |
23 | determined guilty of an offense subject to this subchapter or |
24 | of a crime of violence as defined in section 9714(g) |
25 | (relating to sentences for second and subsequent offenses). |
26 | (e) Hearing.-- |
27 | (1) A hearing to determine whether the individual is a |
28 | sexually violent predator shall be scheduled upon the |
29 | praecipe filed by the district attorney. The district |
30 | attorney upon filing a praecipe shall serve a copy of same |
|
1 | upon defense counsel together with a copy of the report of |
2 | the board. |
3 | (2) The individual and district attorney shall be given |
4 | notice of the hearing and an opportunity to be heard, the |
5 | right to call witnesses, the right to call expert witnesses |
6 | and the right to cross-examine witnesses. In addition, the |
7 | individual shall have the right to counsel and to have an |
8 | attorney appointed to represent the individual if the |
9 | individual cannot afford one. If the individual requests |
10 | another expert assessment, the individual shall provide a |
11 | copy of the expert assessment to the district attorney prior |
12 | to the hearing. |
13 | (3) At the hearing prior to sentencing the court shall |
14 | determine whether the Commonwealth has proved by clear and |
15 | convincing evidence that the individual is a sexually violent |
16 | predator. |
17 | (4) A copy of the order containing the determination of |
18 | the court shall be immediately submitted to the individual, |
19 | the district attorney, the Pennsylvania Board of Probation |
20 | and Parole, the Department of Corrections, the board and the |
21 | State sexual offender registry of the Pennsylvania State |
22 | Police. |
23 | (f) Presentence investigation.--If the board has performed |
24 | an assessment under this section, copies of the report shall be |
25 | provided to the agency preparing the presentence investigation. |
26 | (g) Parole assessment.--The Pennsylvania Board of Probation |
27 | and Parole may request of the board that an assessment of an |
28 | offender be conducted and provide a report to the Pennsylvania |
29 | Board of Probation and Parole prior to considering an offender |
30 | for parole. |
|
1 | (h) Delinquent children.--The probation officer shall notify |
2 | the board 90 days prior to the 20th birthday of the child of the |
3 | status of the delinquent child who is committed to an |
4 | institution or other facility pursuant to section 6352 (relating |
5 | to disposition of delinquent child) after having been found |
6 | delinquent for an act of sexual violence that if committed by an |
7 | adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
8 | rape), 3123 (relating to involuntary deviate sexual |
9 | intercourse), 3124.1 (relating to sexual assault), 3125 |
10 | (relating to aggravated indecent assault), 3126 (relating to |
11 | indecent assault) or 4302 (relating to incest), together with |
12 | the location of the facility where the child is committed. The |
13 | board shall conduct an assessment of the child, which shall |
14 | include the board's determination of whether or not the child is |
15 | in need of commitment due to a mental abnormality as defined in |
16 | section 6402 (relating to definitions) or a personality |
17 | disorder, either of which results in serious difficulty in |
18 | controlling sexually violent behavior, and provide a report to |
19 | the court within the time frames set forth in section 6358(c). |
20 | The probation officer shall assist the board in obtaining access |
21 | to the child and any records or information as requested by the |
22 | board in connection with the assessment. The assessment shall be |
23 | conducted under subsection (b). |
24 | § 9799.19. Verification of registration information. |
25 | (a) Quarterly verification.--Except as otherwise provided |
26 | under subsection (h), sexually violent predators, Class 3 sexual |
27 | offenders, Class 3 out-of-State sexual offenders, offenders |
28 | subject to registration under section 9799.13 (relating to |
29 | registration) due to an adjudication of delinquency for a |
30 | qualifying offense or a civil commitment and all transient |
|
1 | offenders and transient out-of-State offenders shall verify |
2 | their registration information quarterly after their |
3 | registration start date by reporting in person to an approved |
4 | registration site to verify the offender's registration |
5 | information and be photographed. If the offender or out-of-State |
6 | offender fails to report within ten days prior to the offender's |
7 | quarterly reporting date, the offender or out-of-State offender |
8 | will be in violation of this subsection. |
9 | (b) Facilitation of quarterly verification.--The |
10 | Pennsylvania State Police shall facilitate and administer the |
11 | verification process required under subsection (a) by doing all |
12 | of the following: |
13 | (1) Sending a nonforwardable verification notice by |
14 | first class United States mail to all individuals referenced |
15 | in subsection (a) at their last reported mailing location. |
16 | This notice shall be sent not more than 30 days nor less than |
17 | 15 days prior to the offender's or out-of-State offender's |
18 | quarterly verification period and shall remind the offender |
19 | of the offender's reporting date and provide the offender |
20 | with a list of approved registration sites. |
21 | (2) Providing verification forms as necessary to each |
22 | approved registration site, the Department of Corrections, |
23 | county correctional facilities, the Pennsylvania Board of |
24 | Probation and Parole and county probation and parole |
25 | departments. |
26 | (c) Semiannual verification.--Except as provided under |
27 | subsection (h), all Class 2 sexual offenders and Class 2 out-of- |
28 | State sexual offenders, except for transient offenders and |
29 | transient out-of-State offenders subject to quarterly |
30 | verification, shall verify their registration information |
|
1 | semiannually after their registration start date by reporting in |
2 | person to an approved registration site to verify the offender's |
3 | registration information and to be photographed. If the offender |
4 | or out-of-State offender fails to report within ten days prior |
5 | to the offender's semiannual reporting date, the offender or |
6 | out-of-State offender will be in violation of this subsection. |
7 | (d) Facilitation of semiannual verification.--The |
8 | Pennsylvania State Police shall facilitate and administer the |
9 | verification process required under subsection (c) by doing all |
10 | of the following: |
11 | (1) Sending a nonforwardable verification notice by |
12 | first class United States mail to all individuals referenced |
13 | in subsection (c) at their last reported mailing location. |
14 | This notice shall be sent not more than 30 days nor less than |
15 | 15 days prior to the offender's or out-of-State offender's |
16 | semiannual reporting date and shall remind the offender of |
17 | the offender's semiannual verification requirement and |
18 | provide the offender with a list of approved registration |
19 | sites. |
20 | (2) Providing verification forms as necessary to each |
21 | approved registration site, the Department of Corrections, |
22 | county correctional facilities, the Pennsylvania Board of |
23 | Probation and Parole and county probation and parole |
24 | departments. |
25 | (e) Annual verification.--All Class 1 offenders and Class 1 |
26 | out-of-State offenders, except for transient offenders and |
27 | transient out-of-State offenders subject to quarterly |
28 | verification, shall verify their registration information |
29 | annually following their registration start date by reporting in |
30 | person to an approved registration site to verify the offender's |
|
1 | registration information and to be photographed. If the offender |
2 | or out-of-State offender fails to report within ten days before |
3 | the offender's annual reporting date, the offender or out-of- |
4 | State offender will be in violation of this subsection. |
5 | (f) Facilitation of annual verification.--The Pennsylvania |
6 | State Police shall facilitate and administer the verification |
7 | process required by subsection (e) by doing the following: |
8 | (1) Sending a nonforwardable verification notice by |
9 | first class United States mail to individuals referenced in |
10 | subsection (e) at their last reported mailing location. This |
11 | notice shall be sent not more than 30 days nor less than 15 |
12 | days prior to the offender's or out-of-State offender's |
13 | annual reporting date and shall remind the offender of the |
14 | offender's annual verification requirement and provide the |
15 | offender with a list of approved registration sites. |
16 | (2) Providing verification forms as necessary to each |
17 | approved registration site, the Department of Corrections, |
18 | county correctional facilities, the Pennsylvania Board of |
19 | Probation and Parole and county probation and parole |
20 | departments. |
21 | (g) Offenders on probation or parole.--If an offender or |
22 | out-of-State offender is under the supervision of the |
23 | Pennsylvania Board of Probation and Parole or a county or |
24 | juvenile probation or parole department, the offender or out-of- |
25 | State offender shall report in person to the parole or probation |
26 | office to verify the offender's registration information and to |
27 | be photographed. The Pennsylvania Board of Probation and Parole |
28 | and county and juvenile probation and parole departments shall |
29 | collect the verification information for all offenders and out- |
30 | of-State offenders under their supervision on a form prescribed |
|
1 | by the Pennsylvania State Police and photograph the offender and |
2 | out-of-State offender. The Pennsylvania Board of Probation and |
3 | Parole and county and juvenile probation and parole departments |
4 | shall immediately submit the registration information and |
5 | photographs to the Pennsylvania State Police. |
6 | (h) Incarcerated or court-committed offenders.-- |
7 | (1) If an offender or out-of-State offender is |
8 | incarcerated in a State or county correctional facility, the |
9 | offender or out-of-State offender shall report to the |
10 | designated official at the facility annually to verify the |
11 | offender's registration information and be photographed. The |
12 | facilities shall ensure the collection of the verification |
13 | information for offenders and out-of-State offenders in their |
14 | custody on a form prescribed by the Pennsylvania State Police |
15 | and photograph the offenders and out-of-State offenders. The |
16 | facilities shall immediately submit the information and |
17 | photographs to the Pennsylvania State Police. |
18 | (2) If an offender or out-of-State offender is under a |
19 | court-ordered residential placement in an institution, youth |
20 | development center, camp, institution operated by the |
21 | Department of Public Welfare or other facility designated by |
22 | the Department of Public Welfare under Chapter 64 (relating |
23 | to court-ordered involuntary treatment of certain sexually |
24 | violent persons), the offender or out-of-State offender shall |
25 | report to the designated official at the facility annually to |
26 | verify the registration information and be photographed. The |
27 | director of the facility, or a designee, shall make the |
28 | offender available for and facilitate the collection of |
29 | registration information as instructed by the Pennsylvania |
30 | State Police and provide the information to the Pennsylvania |
|
1 | State Police. |
2 | (i) Change of registration information.--The Pennsylvania |
3 | State Police shall report an offender's or out-of-State |
4 | offender's change of registration information to the appropriate |
5 | law enforcement agency having jurisdiction. If the offender or |
6 | out-of-State offender changes residence, habitual locale, place |
7 | of employment or place of enrollment as a student to another |
8 | jurisdiction, the Pennsylvania State Police shall notify the |
9 | appropriate law enforcement agency with which the offender or |
10 | out-of-State offender must register in the new jurisdiction. |
11 | (j) Failure to verify registration information.--If an |
12 | offender, out-of-State offender, transient offender or transient |
13 | out-of-State offender fails to verify the offender's |
14 | registration information within the time periods as set forth in |
15 | this section, the Pennsylvania State Police shall notify, where |
16 | applicable, the municipal police department having jurisdiction |
17 | of the offender's or out-of-State offender's last reported |
18 | residence, habitual locale, employer or school and of the |
19 | offender's or out-of-State offender's failure to appear. The |
20 | Pennsylvania State Police shall also notify the United States |
21 | Marshals Service of the offender's or out-of-State offender's |
22 | failure to appear. The municipal police shall locate the |
23 | offender or out-of-State offender and arrest the offender for |
24 | violating this section. If the municipal police are not able to |
25 | locate the offender or out-of-State offender, the municipal |
26 | police shall obtain an arrest warrant for the offender or out- |
27 | of-State offender and send a copy of the arrest warrant to the |
28 | Pennsylvania State Police. In jurisdictions where no municipal |
29 | police jurisdiction exists, the Pennsylvania State Police shall |
30 | assume responsibility for locating the offender or out-of-State |
|
1 | offender, obtaining an arrest warrant and arresting the offender |
2 | or out-of-State offender. Upon request, the Pennsylvania State |
3 | Police shall assist any municipal police department with |
4 | locating and arresting an offender or out-of-State offender who |
5 | fails to verify registration information. |
6 | (k) Penalty.--An offender or out-of-State offender who fails |
7 | to verify registration information or to be photographed as |
8 | required by this section may be subject to prosecution under 18 |
9 | Pa.C.S. § 4915 (relating to failure to comply with registration |
10 | of sexual offenders requirements). |
11 | (l) Effect of notice.--Failure to send or receive notice of |
12 | information under this section shall not relieve the offender or |
13 | out-of-State offender from the requirements of this subchapter. |
14 | § 9799.20. Victim notification. |
15 | (a) Duty to inform victim.-- |
16 | (1) If an offender is determined to be a sexually |
17 | violent predator, the Pennsylvania State Police shall give |
18 | notice to the sexually violent predator's victim when the |
19 | sexually violent predator registers initially and when the |
20 | offender notifies the Pennsylvania State Police of a change |
21 | of residence, habitual locale, employment or school. This |
22 | notice shall be given within 72 hours after the sexually |
23 | violent predator registers or notifies the Pennsylvania State |
24 | Police of a change of residence, employment or school. The |
25 | notice shall contain the sexually violent predator's name and |
26 | the address or addresses where the sexually violent predator |
27 | resides, is habitually located, employed or attends school. |
28 | (2) A victim may terminate the duty to inform set forth |
29 | in paragraph (1) by providing the Pennsylvania State Police |
30 | with a written statement releasing that agency from the duty |
|
1 | to comply with this section as it pertains to that victim. |
2 | (b) Individual not determined to be a sexually violent |
3 | predator.--If an individual is not determined to be a sexually |
4 | violent predator, the victim shall be notified in accordance |
5 | with section 201 of the act of November 24, 1998 (P.L.882, |
6 | No.111), known as the Crime Victims Act. |
7 | (c) Electronic notification option.—-Notwithstanding |
8 | subsections (a) and (b), the Pennsylvania State Police shall |
9 | develop and implement a system that allows victims and other |
10 | members of the public to receive electronic notification in lieu |
11 | of the notification in subsections (a) and (b) when a sexual |
12 | offender, out-of-State sexual offender or sexually violent |
13 | predator changes residence, habitual locale, employment or |
14 | school. |
15 | § 9799.21. Other notification. |
16 | (a) Notice.--Notwithstanding the provisions of 18 Pa.C.S. |
17 | Ch. 91 (relating to criminal history record information) and |
18 | Chapter 63 (relating to juvenile matters), the chief law |
19 | enforcement officer of the police department of the municipality |
20 | where a sexually violent predator lives shall be responsible for |
21 | providing written notice as required under this section. |
22 | (1) The notice shall contain: |
23 | (i) The name of the sexually violent predator. |
24 | (ii) The address or addresses at which the sexually |
25 | violent predator resides. If the sexually violent |
26 | predator is a transient, written notice under this |
27 | subparagraph shall include the municipality and county |
28 | containing the transient's habitual locale. |
29 | (iii) The offense for which the sexually violent |
30 | predator was convicted, sentenced by a court, adjudicated |
|
1 | delinquent or court-martialed. |
2 | (iv) A statement that the offender has been |
3 | determined to be a sexually violent predator, which |
4 | determination has or has not been terminated as of a date |
5 | certain. |
6 | (v) A photograph of the sexually violent predator. |
7 | (2) The notice shall not include any information that |
8 | might reveal the victim's name, identity and residence. |
9 | (b) Written notice recipients.--The chief law enforcement |
10 | officer shall provide written notice, under subsection (a), to |
11 | the following persons: |
12 | (1) Neighbors of the sexually violent predator. As used |
13 | in this paragraph, where the sexually violent predator lives |
14 | in a common interest community, the term "neighbor" includes |
15 | the unit owners' association and residents of the common |
16 | interest community. As used in this paragraph, where the |
17 | sexually violent predator is transient, the term "neighbor" |
18 | shall include the area of the offender's habitual locales, |
19 | and the chief law enforcement officer shall determine the |
20 | appropriate method for providing written notice. |
21 | (2) The director of the county children and youth |
22 | service agency of the county where the sexually violent |
23 | predator resides or, if the sexually violent predator is |
24 | transient, each county containing the sexually violent |
25 | predator's habitual locale. |
26 | (3) The superintendent of each school district and the |
27 | equivalent official for private and parochial schools |
28 | enrolling students up through 12th grade in the municipality |
29 | where the sexually violent predator resides or, if the |
30 | sexually violent predator is transient, each municipality |
|
1 | containing the sexually violent predator's habitual locale. |
2 | (4) The superintendent of each school district and the |
3 | equivalent official for each private and parochial school |
4 | located within a one-mile radius of where the sexually |
5 | violent predator resides or maintains a habitual locale. |
6 | (5) The licensee of each certified day-care center and |
7 | licensed preschool program and owner/operator of each |
8 | registered family day-care home in the municipality where the |
9 | sexually violent predator resides or, if the sexually violent |
10 | predator is transient, each municipality containing the |
11 | sexually violent predator's habitual locale. |
12 | (6) The president of each college, university and |
13 | community college located within 1,000 feet of a sexually |
14 | violent predator's residence or where the sexually violent |
15 | predator maintains a habitual locale. |
16 | (c) Notification time frames.--The municipal police |
17 | department's chief law enforcement officer shall provide notice |
18 | within the following time frames: |
19 | (1) To neighbors, notice shall be provided within five |
20 | days after information of the sexually violent predator's |
21 | release date, establishment of residence or habitual locale |
22 | or change of residence or habitual locale has been received |
23 | by the chief law enforcement officer. Notwithstanding the |
24 | provisions of subsections (a) and (b), verbal notification |
25 | may be used if written notification would delay meeting this |
26 | time requirement. |
27 | (2) To the persons specified in subsection (b)(2), (3), |
28 | (4), (5) and (6), notice shall be provided within seven days |
29 | after the chief law enforcement officer receives information |
30 | regarding the sexually violent predator's release date, |
|
1 | establishment of residence or habitual locale or change of |
2 | residence or habitual locale. |
3 | (d) Public notice.--Information provided in accordance with |
4 | subsection (a) shall be available to the general public upon |
5 | request. The information may be provided by electronic means. |
6 | (e) Interstate transfers.--The duties of police departments |
7 | under this section shall also apply to individuals who are |
8 | transferred to this Commonwealth under 61 Pa.C.S. Ch. 71 Subch. |
9 | B (relating to Interstate Compact for the Supervision of Adult |
10 | Offenders) or the act of July 2, 2004 (P.L.468, No.54), known as |
11 | the Interstate Compact for Juveniles Act. |
12 | § 9799.22. Information made available to the public. |
13 | (a) Internet website.--The Commissioner of the Pennsylvania |
14 | State Police shall do the following: |
15 | (1) Develop and maintain a system for making the |
16 | information described in subsection (b) publicly available by |
17 | electronic means so that the public may, without limitation, |
18 | obtain access to the information via an Internet website to |
19 | view an individual record or the records of offenders and |
20 | out-of-State offenders and who are registered with the |
21 | Pennsylvania State Police. |
22 | (2) Ensure the Internet website contains warnings that a |
23 | person who uses the information contained therein to |
24 | threaten, intimidate or harass another or who otherwise |
25 | misuses that information may be criminally prosecuted. |
26 | (3) Ensure the Internet website contains an explanation |
27 | of its limitations, including statements advising that: |
28 | (i) A positive identification of an offender or out- |
29 | of-State offender whose record has been made available |
30 | may be confirmed only by fingerprints. |
|
1 | (ii) Some information contained on the Internet |
2 | website may be outdated or inaccurate. |
3 | (iii) The Internet website is not a comprehensive |
4 | listing of every person who has ever committed a sex |
5 | offense in Pennsylvania. |
6 | (4) Strive to ensure the information contained on the |
7 | Internet website is accurate and that the data therein is |
8 | revised and updated within 72 hours of a change in |
9 | registration information. |
10 | (5) Provide on the Internet website general information |
11 | designed to inform and educate the public about sex offenders |
12 | and the operation of this subchapter as well as pertinent and |
13 | appropriate information concerning crime prevention and |
14 | personal safety, with appropriate links to other relevant |
15 | Internet websites operated by the Commonwealth. |
16 | (b) Required information.--Notwithstanding 18 Pa.C.S. Ch. 91 |
17 | (relating to criminal history record information) and Chapter 63 |
18 | (relating to juvenile matters), the Internet website shall |
19 | contain the following information for individuals registered |
20 | with the Pennsylvania State Police: |
21 | (1) Name and aliases. |
22 | (2) Year of birth. |
23 | (3) Street address, city, municipality, county and zip |
24 | code of residences and intended residences. |
25 | (4) Street address, city, municipality, county and zip |
26 | code of any institution or location at which the person is |
27 | enrolled as a student. |
28 | (5) Street address, city, municipality, county and zip |
29 | code of an employment location. |
30 | (6) Photograph of the offender or out-of-State offender |
|
1 | that shall be updated no less than every year. |
2 | (7) Physical description of the offender or out-of-State |
3 | offender. |
4 | (8) License plate number and a description of a vehicle |
5 | owned or operated by the offender or out-of-State offender. |
6 | (9) A citation or link to text of the statutory |
7 | provision defining the criminal offense for which the |
8 | offender or out-of-State offender is registered. |
9 | (10) Date of the offense and conviction. |
10 | (11) Date the offender or out-of-State offender last |
11 | verified the offender's registration information. |
12 | (12) Compliance status. |
13 | (13) Abstract of criminal history record indicating |
14 | convictions for Class 1, Class 2 and Class 3 sexual offenses, |
15 | as well as, where applicable, convictions for violations of |
16 | 18 Pa.C.S. § 4915 (relating to failure to comply with |
17 | registration of sexual offenders requirements). |
18 | (14) Other information required by Federal law. |
19 | (c) (Reserved). |
20 | (d) Duration of posting.--When an offender or out-of-State |
21 | offender is deceased or no longer present in this Commonwealth, |
22 | the posting shall remain on the website for a period of 60 days |
23 | along with a notice of the offender's or out-of-State offender's |
24 | change in status and the date the posting will be removed from |
25 | the website. |
26 | (e) Duty of Pennsylvania State Police.--Notwithstanding 18 |
27 | Pa.C.S. Ch. 91, the Pennsylvania State Police shall develop and |
28 | implement a process that allows members of the public to receive |
29 | electronic notification when any registered offender is present |
30 | or no longer present within a geographic radius specified by the |
|
1 | requester. |
2 | (f) Chief law enforcement officer.--Notwithstanding any of |
3 | the provisions of 18 Pa.C.S. Ch. 91, the chief law enforcement |
4 | officer of the police department with primary jurisdiction over |
5 | the municipality where an offender or out-of-State offender is |
6 | present may disseminate all information in subsection (c) to the |
7 | public through any available means it deems necessary including, |
8 | but not limited to, newspaper, television, radio and community |
9 | meetings. This information shall be available, upon request, to |
10 | the general public. |
11 | (g) Exception.--Unless the offender or out-of-State offender |
12 | has been subject to a court-ordered involuntary commitment under |
13 | Chapter 64 (relating to court-ordered involuntary treatment of |
14 | certain sexually violent persons) or equivalent statute in |
15 | another jurisdiction, offenders and out-of-State offenders who |
16 | are required to register under section 9799.13 (relating to |
17 | registration) because of an adjudication of delinquency for a |
18 | qualifying offense shall not be subject to public notification |
19 | under the requirements of this section. |
20 | § 9799.23. Administration. |
21 | The Governor shall direct the Pennsylvania State Police, the |
22 | Pennsylvania Board of Probation and Parole, the board, the |
23 | Department of Corrections, the Department of Transportation and |
24 | any other agency of the Commonwealth the Governor deems |
25 | necessary to collaboratively design, develop and implement an |
26 | integrated and secure system of communication, storage and |
27 | retrieval of information to assure the timely, accurate and |
28 | efficient administration of this subchapter. |
29 | § 9799.24. Global positioning system technology. |
30 | The Pennsylvania Board of Probation and Parole and county |
|
1 | adult and juvenile probation authorities may impose supervision |
2 | conditions that include offender tracking through global |
3 | positioning system technology. |
4 | § 9799.25. Immunity for good faith conduct. |
5 | The following entities shall be immune from liability for |
6 | good faith conduct under this subchapter: |
7 | (1) Agents and employees of the Pennsylvania State |
8 | Police and local law enforcement agencies. |
9 | (2) District attorneys and their agents and employees. |
10 | (3) Superintendents, administrators, teachers, employees |
11 | and volunteers engaged in the supervision of children of any |
12 | public, private or parochial school. |
13 | (4) Directors and employees of county children and youth |
14 | agencies. |
15 | (5) Presidents or similar officers of universities and |
16 | colleges, including community colleges. |
17 | (6) The Pennsylvania Board of Probation and Parole and |
18 | its agents and employees. |
19 | (7) County probation and parole offices and their agents |
20 | and employees. |
21 | (8) Licensees of certified day-care centers and |
22 | directors of licensed preschool programs and owners and |
23 | operators of registered family day-care homes and their |
24 | agents and employees. |
25 | (9) The Department of Corrections and its agents and |
26 | employees. |
27 | (10) County correctional facilities and their agents and |
28 | employees. |
29 | (11) The board and its members, agents and employees. | <-- |
30 | (12) Juvenile probation offices and their agents and |
|
1 | employees. |
2 | (13) The Department of Public Welfare and its agents and |
3 | employees. |
4 | (14) Institutions, youth development centers, camps or |
5 | other facilities designed or operated for the benefit of |
6 | delinquent children and their agents and employees. |
7 | § 9799.26. Pennsylvania State Police. |
8 | (a) Duties.--The Pennsylvania State Police have the |
9 | following duties: |
10 | (1) Create and maintain a State sexual offender |
11 | registry. |
12 | (2) Participate in the National Sex Offender Public |
13 | Registry maintained by the United States Department of |
14 | Justice, including the National Sex Offender Public Website. |
15 | (3) Promulgate guidelines necessary for the general |
16 | administration of this subchapter and for complying with |
17 | Federal law. |
18 | (4) Notify, within 72 hours of receiving and verifying |
19 | the offender's or out-of-State offender's registration, the |
20 | chief law enforcement officer of the police departments |
21 | having primary jurisdiction of the municipalities in which an |
22 | offender or out-of-State offender is present of the fact that |
23 | the offender or out-of-State offender has been registered |
24 | with the Pennsylvania State Police. |
25 | (5) In consultation with the Department of Education and |
26 | the Department of Public Welfare, promulgate guidelines |
27 | directing licensed day-care centers, licensed preschool |
28 | programs, schools, universities and colleges, including |
29 | community colleges, on the proper use and administration of |
30 | information received under section 9799.22 (relating to |
|
1 | information made available to the public). |
2 | (6) In consultation with the Department of Corrections |
3 | and the Pennsylvania Board of Probation and Parole, |
4 | promulgate guidelines directing State and county correctional |
5 | facilities and State and county probation and parole offices |
6 | on the completion of registration information, updating of |
7 | registration information and verification of registration |
8 | information for all offenders or out-of-State offenders in |
9 | their custody or under their supervision. |
10 | (7) In consultation with the Department of Public |
11 | Welfare and the Juvenile Court Judges Commission, promulgate |
12 | guidelines directing institutions, youth development centers, |
13 | camps or other facilities designed or operated for the |
14 | benefit of delinquent children on the completion of |
15 | registration information, updating of registration |
16 | information and verification of registration information for |
17 | all offenders or out-of-State offenders in their custody or |
18 | under their supervision. |
19 | (b) Powers.--The Pennsylvania State Police may certify and |
20 | send to an authorized user, by electronic transmission or |
21 | otherwise, certified copies of an offender's sex offender |
22 | registration file. Authorized users shall include State and |
23 | local police, district attorneys, agents and employees of the |
24 | Pennsylvania State Police and the Office of Attorney General and |
25 | other persons or entities determined by the Pennsylvania State |
26 | Police and listed by notice in the Pennsylvania Bulletin. In any |
27 | proceeding before the courts or administrative bodies of this |
28 | Commonwealth, documents certified by the Pennsylvania State |
29 | Police under this section and offered into evidence by an |
30 | authorized user shall be admissible into evidence. |
|
1 | § 9799.27. Pennsylvania Board of Probation and Parole, county |
2 | probation and parole departments and juvenile |
3 | probation departments. |
4 | (a) Duties.--The Pennsylvania Board of Probation and Parole, |
5 | county probation and parole departments and juvenile probation |
6 | departments have the following duties: |
7 | (1) Obtain, verify and update an offender's or out-of- |
8 | State offender's registration information in accordance with |
9 | this subchapter. |
10 | (2) Immediately transmit the criminal history record of |
11 | the offender or out-of-State offender as provided in 18 |
12 | Pa.C.S. Ch. 91 (relating to criminal history record |
13 | information) along with the registration information to the |
14 | Pennsylvania State Police for immediate entry into the State |
15 | sexual offender registry. |
16 | (3) Require the offender or out-of-State offender to |
17 | report to the State or county parole and probation office or |
18 | juvenile probation office to complete a change of information |
19 | form within 72 hours of when an offender's or out-of-State |
20 | offender's registration information changes. This information |
21 | shall be immediately transmitted to the Pennsylvania State |
22 | Police. |
23 | (4) Require the offender or out-of-State offender to |
24 | report to the State or county parole and probation office or |
25 | juvenile probation office to verify the offender's |
26 | registration information. This information shall be |
27 | immediately transmitted to the Pennsylvania State Police. |
28 | (5) On a form prescribed by the Pennsylvania State |
29 | Police, notify the Pennsylvania State Police each time an |
30 | offender or out-of-State offender is arrested or is |
|
1 | incarcerated. |
2 | (b) Supervision conditions.--The Pennsylvania Board of |
3 | Probation and Parole may impose supervision conditions that |
4 | include offender or out-of-State offender tracking through |
5 | global positioning system technology. |
6 | § 9799.28. Department of Corrections, county correctional |
7 | facilities and facilities designed or operated for |
8 | the benefit of delinquent children. |
9 | The Department of Corrections, county correctional facilities |
10 | and facilities designed or operated for the benefit of |
11 | delinquent children shall have the following duties: |
12 | (1) Obtain, verify and update an offender's or out-of- |
13 | State offender's registration information in accordance with |
14 | this subchapter. |
15 | (2) Immediately transmit the criminal history record of |
16 | the offender or out-of-State offender as provided in 18 |
17 | Pa.C.S. Ch. 91 (relating to criminal history record |
18 | information) along with the registration information to the |
19 | Pennsylvania State Police for immediate entry into the State |
20 | sexual offender registry. |
21 | (3) On a form prescribed by the Pennsylvania State |
22 | Police, notify the Pennsylvania State Police each time an |
23 | offender or out-of-State offender is incarcerated in or |
24 | released from the respective facilities or transferred |
25 | between correctional facilities or residential reentry |
26 | facilities. |
27 | (4) Assist offenders and out-of-State offenders |
28 | registering pursuant to this subchapter, as well as updating |
29 | and verifying registration information pursuant to this |
30 | subchapter. |
|
1 | § 9799.29. Board. |
2 | (a) Composition.--The board shall be composed of |
3 | psychiatrists, psychologists and criminal justice experts, each |
4 | of whom is an expert in the field of the behavior and treatment |
5 | of sexual offenders. |
6 | (b) Appointment.--The Governor shall appoint the board |
7 | members. |
8 | (c) Term of office.--Members of the board shall serve four- |
9 | year terms. |
10 | (d) Compensation.--The members of the board shall be |
11 | compensated at a rate of $350 per assessment and receive |
12 | reimbursement for their actual and necessary expenses while |
13 | performing the business of the board. The chairman shall receive |
14 | $500 additional compensation annually. |
15 | (e) Staff.--Support staff for the board shall be provided by |
16 | the Pennsylvania Board of Probation and Parole. |
17 | § 9799.30. Counseling of sexually violent predators. |
18 | A sexually violent predator shall be required to attend at |
19 | least monthly counseling sessions in a program approved by the |
20 | board and be financially responsible for all fees assessed from |
21 | the counseling sessions. The board shall monitor the compliance |
22 | of the sexually violent predator. If the sexually violent |
23 | predator can prove to the satisfaction of the court that the |
24 | sexually violent predator cannot afford to pay for the |
25 | counseling sessions, the offender shall nonetheless attend the |
26 | counseling sessions, and the parole office shall pay the |
27 | requisite fees. |
28 | § 9799.31. Exemption from notification for certain licensees |
29 | and their employees. |
30 | Nothing in this subchapter shall be construed as imposing a |
|
1 | duty upon a person licensed under the act of February 19, 1980 |
2 | (P.L.15, No.9), known as the Real Estate Licensing and |
3 | Registration Act, or an employee of the person, to disclose any |
4 | information regarding an individual required to register with |
5 | the State sexual offender registry pursuant to this subchapter. |
6 | § 9799.32. Annual performance audit. |
7 | (a) Duties of the Attorney General.--The Attorney General |
8 | has the following duties: |
9 | (1) Conduct a performance audit annually to determine |
10 | compliance with the requirements of this subchapter and any |
11 | guidelines promulgated under this subchapter. The audit |
12 | shall, at a minimum, include a review of the practices, |
13 | procedures and records of the Pennsylvania State Police, the |
14 | Pennsylvania Board of Probation and Parole, the Department of |
15 | Corrections, the board, the Administrative Office of |
16 | Pennsylvania Courts and any other State or local agency the |
17 | Attorney General deems necessary in order to conduct a |
18 | thorough and accurate performance audit. |
19 | (2) Prepare an annual report of its findings and any |
20 | action it recommends be taken by the Pennsylvania State |
21 | Police, the Pennsylvania Board of Probation and Parole, the |
22 | Department of Corrections, the board, the Administrative |
23 | Office of Pennsylvania Courts, other State or local agencies |
24 | and the General Assembly to ensure compliance with this |
25 | subchapter. The first report shall be released to the general |
26 | public no fewer than 18 months following the effective date |
27 | of this section. |
28 | (3) Provide a copy of its report to the Pennsylvania |
29 | State Police, the Pennsylvania Board of Probation and Parole, |
30 | the Department of Corrections, the board, the Administrative |
|
1 | Office of Pennsylvania Courts, State or local agencies |
2 | referenced in the report, the chairman and the minority |
3 | chairman of the Judiciary Committee of the Senate and the |
4 | chairman and the minority chairman of the Judiciary Committee |
5 | of the House of Representatives no fewer than 30 days prior |
6 | to its release to the general public. |
7 | (b) Cooperation required.--Notwithstanding any other |
8 | provision of law to the contrary, the Pennsylvania State Police, |
9 | the Pennsylvania Board of Probation and Parole, the Department |
10 | of Corrections, the board, the Administrative Office of |
11 | Pennsylvania Courts, the Pennsylvania Commission on Sentencing |
12 | and any other State or local agency requested to do so shall |
13 | fully cooperate with the Attorney General and assist the Office |
14 | of Attorney General in satisfying the requirements of this |
15 | section. For purposes of this subsection, full cooperation shall |
16 | include, at a minimum, complete access to unredacted records, |
17 | files, reports and data systems. |
18 | § 9799.33. Photographs and fingerprinting. |
19 | An individual subject to registration shall submit to |
20 | fingerprinting and photographing as required by this subchapter. |
21 | Fingerprinting as required by this subchapter shall, at a |
22 | minimum, require submission of a full set of fingerprints and |
23 | palm prints. Photographing as required by this subchapter shall, |
24 | at a minimum, require submission to photographs of the face and |
25 | any scars, marks, tattoos or other unique features of the |
26 | individual. Fingerprints and photographs obtained under this |
27 | subchapter may be maintained for use under this subchapter and |
28 | for general law enforcement purposes. |
29 | Section 6. The definition of "other specified offense" in |
30 | section 2303 of Title 44 is amended to read: |
|
1 | § 2303. Definitions. |
2 | The following words and phrases when used in this chapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Other specified offense." Any of the following: |
7 | (1) A felony offense [or an]. |
8 | (2) An offense under 18 Pa.C.S. § 2910 (relating to |
9 | luring a child into a motor vehicle or structure) or 3126 |
10 | (relating to indecent assault) or an attempt to commit such |
11 | an offense. |
12 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
13 | (relating to registration of sexual offenders). |
14 | * * * |
15 | Section 7. Section 2316 of Title 44 is amended by adding a |
16 | subsection to read: |
17 | § 2316. DNA sample required upon conviction, delinquency |
18 | adjudication and certain ARD cases. |
19 | * * * |
20 | (a.1) Sex offender registration.--Notwithstanding any |
21 | provision of this chapter to the contrary, any person who is |
22 | subject to registration pursuant to 42 Pa.C.S. Ch. 97 Subch. H |
23 | (relating to registration of sexual offenders) shall have a DNA |
24 | sample taken in accordance with that subchapter and forwarded to |
25 | the State Police for inclusion in the State DNA data base and |
26 | State DNA data bank. The collection of DNA at the time of the |
27 | sex offender's registration, updating or verifying sex offender |
28 | registration information is not required if the individual has |
29 | previously submitted a DNA sample and the submission has been |
30 | confirmed with the State Police. |
|
1 | * * * |
2 | Section 8. Paragraph (4) of the definition of "eligible |
3 | offender" in section 4503 of Title 61 is amended to read: |
4 | § 4503. Definitions. |
5 | The following words and phrases when used in this chapter |
6 | shall have the meanings given to them in this section unless the |
7 | context clearly indicates otherwise: |
8 | * * * |
9 | "Eligible offender." A defendant or inmate convicted of a |
10 | criminal offense who will be committed to the custody of the |
11 | department and who meets all of the following eligibility |
12 | requirements: |
13 | * * * |
14 | (4) Has not been found guilty or previously convicted or |
15 | adjudicated delinquent for violating any of the following |
16 | provisions or an equivalent offense under the laws of the |
17 | United States or one of its territories or possessions, |
18 | another state, the District of Columbia, the Commonwealth of |
19 | Puerto Rico or a foreign nation: |
20 | 18 Pa.C.S. § 4302 (relating to incest). |
21 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
22 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
23 | children). |
24 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
25 | minor). |
26 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
27 | children). |
28 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
29 | child pornography). |
30 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
|
1 | 9712.1 (relating to sentences for certain drug offenses |
2 | committed with firearms). |
3 | Any Class 1 sexual offense, Class 2 sexual offense or |
4 | Class 3 sexual offense [listed under 42 Pa.C.S. § 9795.1 |
5 | (relating to registration)], as defined in 42 Pa.C.S. § |
6 | 9799.12 (relating to definitions). |
7 | * * * |
8 | Section 9. Section 6137(a)(3.1)(ii) of Title 61 is amended |
9 | to read: |
10 | § 6137. Parole power. |
11 | (a) General criteria for parole.-- |
12 | * * * |
13 | (3.1) * * * |
14 | (ii) This paragraph shall not apply to offenders who |
15 | are currently serving a term of imprisonment for a crime |
16 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
17 | sentences for second and subsequent offenses) or for a |
18 | crime requiring registration under 42 Pa.C.S. § [9795.1] |
19 | 9799.13 (relating to registration). |
20 | * * * |
21 | Section 10. This act shall take effect in one year. | <-- |
22 | Section 10. This act shall apply to the following: | <-- |
23 | (1) All individuals required to register under 42 |
24 | Pa.C.S. Ch. 97 Subch. H on or after the effective date of |
25 | this section. |
26 | (2) All individuals required to register under 42 |
27 | Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to |
28 | the effective date of this section and whose registration has |
29 | not expired prior to the effective date of this section. |
30 | Section 10.1. The addition of 42 Pa.C.S. § 9799.13(c) shall |
|
1 | apply to all group-based homes and their residents, regardless |
2 | of when the group-based homes began to provide housing or the |
3 | residents began their residency. |
4 | Section 11. This act shall take effect as follows: |
5 | (1) The amendment of the following provisions shall take |
6 | effect immediately: |
7 | (i) 18 Pa.C.S. §§ 4501 and 4915. |
8 | (ii) 42 Pa.C.S. §§ 9718.3, 9792, 9795.1, 9795.2, |
9 | 9795.3, 9796, 9798, 9799, 9799.1, 9799.4, 9799.9 and |
10 | 9799.10. |
11 | (2) Section 10 of this act and this section shall take |
12 | effect immediately. |
13 | (3) The remainder of this act shall take effect in one |
14 | year. |
|