THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BOSCOLA, COSTA, WILLIAMS, FARNESE, FONTANA, RAFFERTY, BREWSTER, SOLOBAY AND KASUNIC, JANUARY 13, 2012

REFERRED TO JUDICIARY, JANUARY 13, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for residency restrictions

for certain offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4307.  Residency restrictions for certain offenders.

(a)  General rule.--No person who is subject to registration

under 42 Pa.C.S. § 9795.1 (relating to registration) due to

conviction for an offense wherein the victim was a minor shall

establish a residence, maintain a residence or other living

accommodation within 1,000 feet of the real property on which is

located any public, private or parochial school, licensed

preschool program, certified day-care center, registered family

day-care home, public playground recreation center or

playground. No such person shall establish a residence, maintain

a residence or other living accommodation within 500 feet of any

point at which transportation is provided to students of any

public, private or parochial school except that provided by a

fixed-route public transportation service as defined in 74

Pa.C.S. § 1503 (relating to definitions). Further, no such

person who is subject to any order of parole, probation or

supervision may be placed by any governmental authority in any

residential setting that does not comply with the provisions of

this section.

(b)  Applicability.--Nothing in this section shall require

any person subject to the provisions of this section or 42

Pa.C.S. § 9795.1 to sell or otherwise dispose of any real

estate, home or other real property or to cancel any lease of

real property that was acquired or entered prior to the

effective date of this section. Further, the provision of this

section shall not prohibit such a person from maintaining a

residence at a location as provided in this subsection. In order

for a person to comply with the exemption provided in this

subsection, the person is required to provide evidence of such

to the court wherein sentencing occurred and to the Pennsylvania

State Police at the time of registration under 42 Pa.C.S. §

9795.1 and verification under 42 Pa.C.S. § 9796 (relating to

verification of residence):

(1)  For real property, a copy of a deed, security

interest or mortgage to which the person is a signatory.

(2)  For purposes of a leasehold, a copy of the

applicable lease agreement to which the person is a

signatory.

(c)  Exceptions.--This section shall not apply to any person

who resides in any of the following on a temporary or permanent

basis:

(1)  A hospital licensed by the Commonwealth of

Pennsylvania.

(2)  A nursing home or similar entity licensed by the

Commonwealth of Pennsylvania.

(3)  Except as provided in subsection (a), any place

where the person is incarcerated due to a criminal charge or

conviction.

(4)  Any location where a person is voluntarily or

involuntarily committed for treatment under the act of July

9, 1976 (P.L.817, No.143), known as the Mental Health

Procedures Act.

(5)  A temporary lodging for consideration for a term

that is less than 15 consecutive days.

(d)  Notice.--Any person subject to this section who lives

within 1,000 feet of the real property of any entity provided in

subsection (a) by operation of subsection (b) or (c) shall be

subject to the notification provisions under 42 Pa.C.S. § 9798

(relating to other notification).

(e)  Board of school directors.--Each year, for the

forthcoming school year, the board of school directors of any

school district that provides for the transportation of students

under section 1361 of the act of March 10, 1949 (P.L.30, No.14),

known as the Public School Code of 1949, shall determine if a

person subject to the restrictions provided in this section

resides within 500 feet of a point where students receiving

transportation to and from school shall embark or disembark from

the conveyance. If it is determined that a person subject to the

restrictions provided in this section resides within 500 feet of

the point of embarking or disembarking a conveyance and it is

impracticable for the school district or its agent to assign

another point of embarking or disembarking, the board of school

directors shall do all of the following:

(1)  Notify each law enforcement agency with jurisdiction

over the point of embarking or disembarking the conveyance.

(2)  Notify each law enforcement agency with jurisdiction

in the school district.

(3)  Notify the parents of any student who will be

required to use a point of embarking or disembarking that

falls within 500 feet of the residence of a person subject to

the restrictions of this section.

(f)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under this section shall be graded as a misdemeanor of the

first degree.

(2)  A second or subsequent offense under this section

shall be graded as a felony of the third degree.

(g)  Immunity for good faith conduct.-- The following shall

be immune from liability under this section for good faith

conduct:

(1)  A school district including, but not limited to, its

board of school directors and employees.

(2)  Agents of a school district who, pursuant to their

contract with the school district, provide transportation for

students to or from any public, private or parochial school.

Section 2.  This act shall take effect in 60 days.