PRINTER'S NO. 214
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
231
Session of
2017
INTRODUCED BY BOSCOLA, SCARNATI, FONTANA, FARNESE, BREWSTER,
HAYWOOD, SABATINA, TARTAGLIONE, VULAKOVICH, RAFFERTY AND
RESCHENTHALER, JANUARY 26, 2017
REFERRED TO JUDICIARY, JANUARY 26, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in offenses against the family,
providing for residency restrictions for certain offenders
and imposing a penalty.
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.--
(1) No person who is subject to registration under 42
Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual
offenders) due to conviction for an offense wherein the
victim was a minor may establish a residence or maintain a
residence or other living accommodation within 1,000 feet of
the real property on which is located any of the following:
(i) A public, private or parochial school.
(ii) A licensed preschool program.
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(iii) A certified day-care center.
(iv) A registered family day-care home.
(v) A public playground recreation center.
(vi) A playground.
(2) No such person may establish a residence or 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).
(3) 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 may require any
person subject to the provisions of this section or 42 Pa.C.S.
Ch. 97 Subch. H 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. The provision of this section may 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 an exception provided under subsection (c), the
person is required to provide evidence of the ownership or lease
to the court wherein sentencing occurred and to the Pennsylvania
State Police at the time of registration and verification under
42 Pa.C.S. Ch. 97 Subch H:
(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
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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.
(2) A nursing home or similar entity licensed by the
Commonwealth.
(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. §
9799.27 (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
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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.
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