AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in limitations, further
3providing for actions and proceedings with no limitation;
4and, in registration of sexual offenders, further providing
5for definitions, for applicability, for period of
6registration and for court notification and classification
7requirements and providing for court-ordered placement on
8registry.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 5531 of Title 42 of the Pennsylvania
12Consolidated Statutes is amended by adding a paragraph to read:

13§ 5531. No limitation.

14The following actions and proceedings may be commenced at any
15time notwithstanding any other provision of this subchapter
16except section 5521 (relating to limitations on foreign claims):

17* * *

18(4) An action instituted by a district attorney under
19section 9799.42 (relating to court-ordered placement on
20registry).

1Section 2. The definitions of "convicted," "juvenile
2offender" and "sexually violent delinquent child" in section
39799.12 of Title 42 are amended to read:

4§ 9799.12. Definitions.

5The following words and phrases when used in this subchapter
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8* * *

9"Convicted." Includes conviction by entry of plea of guilty
10or nolo contendere, conviction after trial or court martial
11[and], a finding of not guilty due to insanity or of guilty but
12mentally ill and a finding under section 9799.42 (relating to 
13court-ordered placement on registry) of the commission of a 
14sexually violent offense.

15* * *

16"Juvenile offender." One of the following:

17(1) An individual who was 14 years of age or older at
18the time the individual committed an offense which, if
19committed by an adult, would be classified as an offense
20under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to
21involuntary deviate sexual intercourse) or 3125 (relating to
22aggravated indecent assault) or an attempt, solicitation or
23conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123
24or 3125 and either:

25(i) is adjudicated delinquent for such offense on or
26after the effective date of this section or is subject to 
27a finding under section 9799.42 of the commission of such 
28offense; or

29(ii) has been adjudicated delinquent for such
30offense and on the effective date of this section is

1subject to the jurisdiction of the court on the basis of 
2that adjudication of delinquency, including commitment to
3an institution or facility set forth in section 6352(a)
4(3) (relating to a disposition of delinquent child).

5(2) An individual who was 14 years of age or older at
6the time the individual committed an offense similar to an
7offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt,
8solicitation or conspiracy to commit an offense similar to an
9offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws
10of the United States, another jurisdiction or a foreign
11country and was adjudicated delinquent for such an offense or 
12is subject to a finding under section 9799.42 of the 
13commission of such an offense.

14(3) An individual who, on or after the effective date of
15this paragraph, was required to register in a sexual offender
16registry in another jurisdiction or foreign country based
17upon an adjudication of delinquency.

18The term does not include a sexually violent delinquent child.

19* * *

20"Sexually violent delinquent child." As defined in section
216402 (relating to definitions) or a minor subject to a finding 
22under section 9799.42 of the commission of an offense under 
23section 6402.

24* * *

25Section 3. Section 9799.13 of Title 42 is amended by adding
26a paragraph to read:

27§ 9799.13. Applicability.

28The following individuals shall register with the
29Pennsylvania State Police as provided in sections 9799.15
30(relating to period of registration), 9799.19 (relating to

1initial registration) and 9799.25 (relating to verification by
2sexual offenders and Pennsylvania State Police) and otherwise
3comply with the provisions of this subchapter:

4* * *

5(10) An individual who, on or after the effective date
6of this paragraph, is subject to a finding under section
79799.42 (relating to court-ordered placement on registry) of
8the commission of a sexually violent offense and ordered to
9register.

10Section 4. Section 9799.15(b)(1) of Title 42 is amended by
11adding a subparagraph to read:

12§ 9799.15. Period of registration.

13* * *

14(b) Commencement of registration.--The following apply:

15(1) The period of registration set forth in subsection
16(a) shall commence as follows:

17* * *

18(v) For an individual subject to a finding under
19section 9799.42 (relating to court-ordered placement on
20registry) of the commission of a sexually violent
21offense, the period of registration shall commence upon
22the date specified in the court order.

23* * *

24Section 5. Section 9799.23(a) introductory paragraph of
25Title 42 is amended to read:

26§ 9799.23. Court notification and classification requirements.

27(a) Notice to sexual offenders.--At the time of sentencing,
28of disposition in the case of a juvenile offender [or], of
29commitment in the case of a sexually violent delinquent child[,]
30or of a finding under section 9799.42 (relating to court-ordered
 

1placement on registry) of the commission of a sexually violent 
2offense, the court shall inform the sexual offender of the
3provisions of this subchapter. The court shall:

4* * *

5Section 6. Title 42 is amended by adding a section to read:

6§ 9799.42. Court-ordered placement on registry.

7(a) Court order.--A district attorney may commence a civil
8action in a court of common pleas of the county in which an
9individual is alleged to have committed a sexually violent
10offense petitioning the court to include the individual on the
11registry as a sexual offender. The court may order the inclusion
12of an individual on the registry as a sexual offender if the
13court finds by clear and convincing evidence that the individual
14committed a crime enumerated in section 9799.14 (relating to
15sexual offenses and tier system).

16(b) Proceedings.--A party to a civil action under this
17section may request that the record be sealed and proceedings be
18closed. The court shall grant the request if it is in the best
19interest of any person or the Commonwealth to do so.

20(c) Forms.--Each district attorney's office shall develop
21and provide on the office's publicly accessible Internet website
22a form for use by a private citizen to inform the district
23attorney of a case of sexual abuse and request that the district
24attorney petition the court to commence a civil action. Nothing
25in this subsection shall be construed to require a district
26attorney to commence the civil action requested.

27Section 7. This act shall take effect in 60 days.