CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS
                                AMENDMENTS
                 Act of Nov. 29, 2006, P.L. 1567, No. 178             Cl. 18
                             Session of 2006
                               No. 2006-178

     SB 944

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, providing for conduct relating to sex offenders and
        for loss of property rights by certain offenders; further
        providing for failure to comply with sexual offender
        registration requirements, for the offense of unlawful
        contact with a minor and for sentences for offenses against
        infant persons; providing for sentences for sex offenders and
        for sentence for failure to comply with registration of
        sexual offenders; further providing for registration and for
        registration procedures and applicability; providing for
        global positioning system technology; and further providing
        for the duties of the Pennsylvania Board of Probation and
        Parole.

        The General Assembly hereby declares its intention to enact
     versions of Jessica's Law and Megan's Law in this Commonwealth.

        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:
      § 3130.  Conduct relating to sex offenders.
        (a)  Offense defined.--A person commits a felony of the third
     degree if the person has reason to believe that a sex offender
     is not complying with or has not complied with the requirements
     of the sex offender's probation or parole, imposed by statute or
     court order, or with the registration requirements of 42 Pa.C.S.
     § 9795.2 (relating to registration procedures and
     applicability), and the person, with the intent to assist the
     sex offender in eluding a law enforcement agent or agency that
     is seeking to find the sex offender to question the sex offender
     about, or to arrest the sex offender for, noncompliance with the
     requirements of the sex offender's probation or parole or the
     requirements of 42 Pa.C.S. § 9795.2:
            (1)  withholds information from or does not notify the
        law enforcement agent or agency about the sex offender's
        noncompliance with the requirements of parole, the
        requirements of 42 Pa.C.S. § 9795.2 or, if known, the sex
        offender's whereabouts;
            (2)  harbors or attempts to harbor or assist another
        person in harboring or attempting to harbor the sex offender;
            (3)  conceals or attempts to conceal, or assists another
        person in concealing or attempting to conceal, the sex
        offender; or
            (4)  provides information to the law enforcement agent or
        agency regarding the sex offender which the person knows to
        be false.
        (b)  Definition.--As used in this section, the term "sex
     offender" means a person who is required to register with the
     Pennsylvania State Police pursuant to the provisions of 42
     Pa.C.S. § 9795.1 (relating to registration).
        Section 2.  Chapter 31 of Title 18 is amended by adding a
     subchapter to read:
                               SUBCHAPTER C
                         LOSS OF PROPERTY RIGHTS
     Sec.
     3141.  General rule.
     3142.  Process and seizure.
     3143.  Custody of property.
     3144.  Disposal of property.
      § 3141.  General rule.
        A person:
            (1)  convicted under section 3121 (relating to rape),
        3122.1 (relating to statutory sexual assault), 3123 (relating
        to involuntary deviate sexual intercourse), 3124.1 (relating
        to sexual assault), 3125 (relating to aggravated indecent
        assault) or 3126 (relating to indecent assault); or
            (2)  required to register with the Pennsylvania State
        Police under 42 Pa.C.S. § 9795.2 (relating to registration
        procedures and applicability);
     may be required to forfeit property rights in any property or
     assets used to implement or facilitate commission of the crime
     or crimes of which the person has been convicted. Such property
     may include, but is not limited to, a computer or computers,
     telephone equipment, firearms, licit or illicit prescription
     drugs or controlled substances, a motor vehicle or such other
     property or assets as determined by the court of common pleas to
     have facilitated the person's criminal misconduct.
      § 3142.  Process and seizure.
        (a)  Seizure.--Property subject to forfeiture under this
     section may be seized by law enforcement authority upon process
     issued by the court of common pleas having jurisdiction over the
     person or property.
        (b)  Seizure without process.--Seizure without process may be
     made if the seizure is incident to an arrest or a search under a
     search warrant and there is probable cause to be believe that
     the property was or is material to the charges for which the
     arrest or search warrant was issued. In seizures without
     process, proceedings for the issuance thereof shall be
     instituted immediately.
        (c)  Return of property.--Property belonging to someone other
     than the convicted sex offender or registrant shall be returned
     if the offense was committed without the knowledge or consent of
     the owner.
      § 3143.  Custody of property.
        Property taken or detained under this subchapter is deemed to
     be the property of the law enforcement authority having custody
     thereof and is subject only to the court of common pleas having
     jurisdiction over the criminal or forfeiture proceedings, the
     district attorney in the matter or the Attorney General.
      § 3144.  Disposal of property.
        Property taken or detained pursuant to the provisions of this
     subchapter shall be sold in the manner of property forfeited
     under 42 Pa.C.S. Ch. 68 (relating to forfeitures). The net
     proceeds, as determined by the law enforcement authority having
     custody thereof, shall be utilized for investigation or
     prosecution of sexual offenses or donated to nonprofit
     charitable institutions which provide counseling and other
     assistance to victims of sexual offenses.
        Section 3.  Sections 4915(b) and (c) and 6318 of Title 18 are
     amended to read:
      § 4915.  Failure to comply with registration of sexual
                offenders requirements.
        * * *
        (b)  Grading for offenders who must register for ten years.--
            [(1)  Except as provided in paragraph (2), an individual
        subject to registration under 42 Pa.C.S. § 9795.1(a) who
        violates subsection (a)(1) or (2) commits a misdemeanor of
        the third degree.]
            (2)  [An] Except as set forth in paragraph (3), an
        individual subject to registration under 42 Pa.C.S. §
        9795.1(a) who commits a violation of subsection (a)(1) or (2)
        [and who has previously been convicted of an offense under
        subsection (a)(1) or (2) or a similar offense] commits a
        [misdemeanor of the second degree] felony of the third
        degree.
            (3)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(a) who commits a violation of subsection
        (a)(1) or (2) and who has previously been convicted of [two
        or more offenses] an offense under subsection (a)(1) or (2)
        or a similar offense commits a felony of the [third] second
        degree.
            (4)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
        felony of the [third] second degree.
        (c)  Grading for sexually violent predators and others with
     lifetime registration.--
            [(1)  Except as provided in paragraph (2), an individual
        subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
        or (3) who violates subsection (a)(1) or (2) commits a
        misdemeanor of the second degree.]
            (2)  [An] Except as set forth in paragraph (3), an
        individual subject to registration under 42 Pa.C.S. §
        9795.1(b)(1), (2) or (3) who commits a violation of
        subsection (a)(1) or (2) [and who has previously been
        convicted of an offense under subsection (a)(1) or (2) or a
        similar offense] commits a [misdemeanor of the first degree]
        felony of the second degree.
            (3)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of
        subsection (a)(1) or (2) and who has previously been
        convicted of [two or more offenses] an offense under
        subsection (a)(1) or (2) or a similar offense commits a
        felony of the [third] first degree.
            (4)  An individual subject to registration under 42
        Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
        (a)(3) commits a felony of the [third] first degree.
        * * *
      § 6318.  Unlawful contact with minor.
        (a)  Offense defined.--A person commits an offense if he is
     intentionally in contact with a minor, or a law enforcement
     officer acting in the performance of his duties who has assumed
     the identity of a minor, for the purpose of engaging in an
     activity prohibited under any of the following, and either the
     person initiating the contact or the person being contacted is
     within this Commonwealth:
            (1)  Any of the offenses enumerated in Chapter 31
        (relating to sexual offenses).
            (2)  Open lewdness as defined in section 5901 (relating
        to open lewdness).
            (3)  Prostitution as defined in section 5902 (relating to
        prostitution and related offenses).
            (4)  Obscene and other sexual materials and performances
        as defined in section 5903 (relating to obscene and other
        sexual materials and performances).
            (5)  Sexual abuse of children as defined in section 6312
        (relating to sexual abuse of children).
            (6)  Sexual exploitation of children as defined in
        section 6320 (relating to sexual exploitation of children).
        (b)  Grading.--A violation of subsection (a) is:
            (1)  an offense of the same grade and degree as the most
        serious underlying offense in subsection (a) for which the
        defendant contacted the minor; or
            (2)  a [misdemeanor] felony of the [first] third degree;
     whichever is greater.
        (b.1)  Concurrent jurisdiction to prosecute.--The Attorney
     General shall have concurrent prosecutorial jurisdiction with
     the district attorney for violations under this section and any
     crime arising out of the activity prohibited by this section
     when the person charged with a violation of this section
     contacts a minor through the use of a computer, computer system
     or computer network. No person charged with a violation of this
     section by the Attorney General shall have standing to challenge
     the authority of the Attorney General to prosecute the case,
     and, if any such challenge is made, the challenge shall be
     dismissed and no relief shall be available in the courts of this
     Commonwealth to the person making the challenge.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Computer."  An electronic, magnetic, optical, hydraulic,
     organic or other high-speed data processing device or system
     which performs logic, arithmetic or memory functions and
     includes all input, output, processing, storage, software or
     communication facilities which are connected or related to the
     device in a computer system or computer network.
        "Computer network."  The interconnection of two or more
     computers through the usage of satellite, microwave, line or
     other communication medium.
        "Computer system."  A set of related, connected or
     unconnected computer equipment, devices and software.
        "Contacts."  Direct or indirect contact or communication by
     any means, method or device, including contact or communication
     in person or through an agent or agency, through any print
     medium, the mails, a common carrier or communication common
     carrier, any electronic communication system and any
     telecommunications, wire, computer or radio communications
     device or system.
        "Minor."  An individual under 18 years of age.
        Section 4.  Section 9718(a) of Title 42, amended November 30,
     2004 (P.L.1703, No.217), is amended and the section is amended
     by adding subsections to read:
      § 9718.  Sentences for offenses against infant persons.
        (a)  Mandatory sentence.--
            (1)  A person convicted of the following offenses when
        the victim is under 16 years of age shall be sentenced to a
        mandatory term of imprisonment as follows:
            18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
        assault) - not less than two years.
            18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
        to rape) - not less than [five] ten years.
            18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
        intercourse) - not less than [five] ten years.
            18 Pa.C.S. § 3125(a)(1) through (6) (relating to
        aggravated indecent assault) - not less than five years.
            (2)  A person convicted of the following offenses when
        the victim is less than 13 years of age shall be sentenced to
        a mandatory term of imprisonment as follows:
            18 Pa.C.S. § 2702(a)(1) [(relating to aggravated
        assault)] - not less than five years.
            [18 Pa.C.S. § 3125(a)(1) through (6) (relating to
        aggravated indecent assault) - not less than two and one-half
        years.]
            (3)  A person convicted of the following offenses shall
        be sentenced to a mandatory term of imprisonment as follows:
            18 Pa.C.S. § 3121(c) and (d) - not less than [five] ten
        years.
            18 Pa.C.S. § 3125(a)(7) - not less than [two and one-
        half] five years.
            18 Pa.C.S. § 3125(b) - not less than [five] ten years.
        * * *
        (c)  Proof at sentencing.--The provisions of this section
     shall not be an element of the crime, and notice of the
     provisions of this section to the defendant shall not be
     required prior to conviction, but reasonable notice of the
     Commonwealth's intention to proceed under this section shall be
     provided after conviction and before sentencing. The
     applicability of this section shall be determined at sentencing.
     The court shall consider any evidence presented at trial and
     shall afford the Commonwealth and the defendant an opportunity
     to present any necessary additional evidence and shall
     determine, by a preponderance of the evidence, if this section
     is applicable.
        (d)  Authority of court in sentencing.--There shall be no
     authority in any court to impose on an offender to which this
     section is applicable any lesser sentence than provided for in
     subsection (a) or to place the offender on probation or to
     suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section.
        (e)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply this section where applicable, the Commonwealth shall
     have the right to appellate review of the action of the
     sentencing court. The appellate court shall vacate the sentence
     and remand the case to the sentencing court for imposition of a
     sentence in accordance with this section if it finds that the
     sentence was imposed in violation of this section.
        Section 5.  Title 42 is amended by adding sections to read:
      § 9718.2.  Sentences for sex offenders.
        (a)  Mandatory sentence.--
            (1)  Any person who is convicted in any court of this
        Commonwealth of an offense set forth in section 9795.1(a) or
        (b) (relating to registration) shall, if at the time of the
        commission of the current offense the person had previously
        been convicted of an offense set forth in section 9795.1(a)
        or (b) or an equivalent crime under the laws of this
        Commonwealth in effect at the time of the commission of that
        offense or an equivalent crime in another jurisdiction, be
        sentenced to a minimum sentence of at least 25 years of total
        confinement, notwithstanding any other provision of this
        title or other statute to the contrary. Upon such conviction,
        the court shall give the person oral and written notice of
        the penalties under paragraph (2) for a third conviction.
        Failure to provide such notice shall not render the offender
        ineligible to be sentenced under paragraph (2).
            (2)  Where the person had at the time of the commission
        of the current offense previously been convicted of two or
        more offenses arising from separate criminal transactions set
        forth in section 9795.1(a) or (b) or equivalent crimes under
        the laws of this Commonwealth in effect at the time of the
        commission of the offense or equivalent crimes in another
        jurisdiction, the person shall be sentenced to a term of life
        imprisonment, notwithstanding any other provision of this
        title or other statute to the contrary. Proof that the
        offender received notice of or otherwise knew or should have
        known of the penalties under this paragraph shall not be
        required.
        (b)  Mandatory maximum.--An offender sentenced to a mandatory
     minimum sentence under this section shall be sentenced to a
     maximum sentence equal to twice the mandatory minimum sentence,
     notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
     imprisonment for felony) or any other provision of this title or
     other statute to the contrary.
        (c)  Proof of sentencing.--The provisions of this section
     shall not be an element of the crime, and notice thereof to the
     defendant shall not be required prior to conviction, but
     reasonable notice of the Commonwealth's intention to proceed
     under this section shall be provided after conviction and before
     sentencing. The applicability of this section shall be
     determined at sentencing. The sentencing court, prior to
     imposing sentence on an offender under subsection (a), shall
     have a complete record of the previous convictions of the
     offender, copies of which shall be furnished to the offender. If
     the offender or the attorney for the Commonwealth contests the
     accuracy of the record, the court shall schedule a hearing and
     direct the offender and the attorney for the Commonwealth to
     submit evidence regarding the previous convictions of the
     offender. The court shall then determine, by a preponderance of
     the evidence, the previous convictions of the offender and, if
     this section is applicable, shall impose sentence in accordance
     with this section. Should a previous conviction be vacated and
     an acquittal or final discharge entered subsequent to imposition
     of sentence under this section, the offender shall have the
     right to petition the sentencing court for reconsideration of
     sentence if this section would not have been applicable except
     for the conviction which was vacated.
        (d)  Authority of court in sentencing.--Notice of the
     application of this section shall be provided to the defendant
     before trial. If the notice is given, there shall be no
     authority in any court to impose on an offender to which this
     section is applicable any lesser sentence than provided for in
     subsections (a) and (b) or to place the offender on probation or
     to suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section.
        (e)  Appeal by Commonwealth.--If a sentencing court shall
     refuse to apply this section where applicable, the Commonwealth
     shall have the right to appellate review of the action of the
     sentencing court. The appellate court shall vacate the sentence
     and remand the case to the sentencing court for the imposition
     of a sentence in accordance with this section if it finds that
     the sentence was imposed in violation of this section.
      § 9718.3.  Sentence for failure to comply with registration of
                    sexual offenders.
        (a)  Mandatory sentence.--Mandatory sentencing shall be as
     follows:
            (1)  Sentencing upon conviction for a first offense shall
        be as follows:
                (i)  Not less than two years for an individual who:
                    (A)  was subject to section 9795.1(a) (relating
                to registration) or a similar provision from another
                jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)
                (relating to failure to comply with registration of
                sexual offenders requirements).
                (ii)  Not less than three years for an individual
            who:
                    (A)  was subject to section 9795.1(a) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
                (iii)  Not less than three years for an individual
            who:
                    (A)  was subject to section 9795.1(b) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).
                (iv)  Not less than five years for an individual who:
                    (A)  was subject to section 9795.1(b) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
            (2)  Sentencing upon conviction for a second or
        subsequent offense shall be as follows:
                (i)  Not less than five years for an individual who:
                    (A)  was subject to section 9795.1(a) or a
                similar provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).
                (ii)  Not less than seven years for an individual
            who:
                    (A)  was subject to section 9795.1 or a similar
                provision from another jurisdiction; and
                    (B)  violated 18 Pa.C.S. § 4915(a)(3).
        (b)  Proof at sentencing.--The provisions of this section
     shall not be an element of the crime, and notice thereof to the
     defendant shall not be required prior to conviction, but
     reasonable notice of the Commonwealth's intention to proceed
     under this section shall be provided after conviction and before
     sentencing. The applicability of this section shall be
     determined at sentencing. The court shall consider any evidence
     presented at trial and shall afford the Commonwealth and the
     defendant an opportunity to present any necessary additional
     evidence and shall determine, by a preponderance of the
     evidence, if this section is applicable.
        (c)  Authority of court in sentencing.--There shall be no
     authority in any court to impose on an offender to which this
     section is applicable any lesser sentence than provided for in
     subsection (a) or to place such offender on probation or to
     suspend sentence. Nothing in this section shall prevent the
     sentencing court from imposing a sentence greater than that
     provided in this section. Sentencing guidelines promulgated by
     the Pennsylvania Commission on Sentencing shall not supersede
     the mandatory sentences provided in this section.
        (d)  Appeal by Commonwealth.--If a sentencing court refuses
     to apply this section where applicable, the Commonwealth shall
     have the right to appellate review of the action of the
     sentencing court. The appellate court shall vacate the sentence
     and remand the case to the sentencing court for imposition of a
     sentence in accordance with this section if it finds that the
     sentence was imposed in violation of this section.
        Section 6.  Section 9795.1 of Title 42, amended November 24,
     2004 (P.L.1243, No.152), is amended to read:
      § 9795.1.  Registration.
        (a)  Ten-year registration.--The following individuals shall
     be required to register with the Pennsylvania State Police for a
     period of ten years:
            (1)  Individuals convicted of any of the following
        offenses:
                18 Pa.C.S. § 2901 (relating to kidnapping) where the
            victim is a minor.
                18 Pa.C.S. § 2910 (relating to luring a child into a
            motor vehicle).
                18 Pa.C.S. § 3124.2 (relating to institutional sexual
            assault).
                18 Pa.C.S. § 3126 (relating to indecent assault)
            where the offense is graded as a misdemeanor of the first
            degree or higher.
                18 Pa.C.S. § 4302 (relating to incest) where the
            victim is 12 years of age or older but under 18 years of
            age.
                18 Pa.C.S. § 5902(b) (relating to prostitution and
            related offenses) where the actor promotes the
            prostitution of a minor.
                18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
            obscene and other sexual materials and performances)
            where the victim is a minor.
                18 Pa.C.S. § 6312 (relating to sexual abuse of
            children).
                18 Pa.C.S. § 6318 (relating to unlawful contact with
            minor).
                18 Pa.C.S. § 6320 (relating to sexual exploitation of
            children).
            (2)  Individuals convicted of an attempt to commit any of
        the offenses under paragraph (1) or subsection (b)(2).
            (3)  Individuals currently residing in this Commonwealth
        who have been convicted of offenses similar to the crimes
        cited in paragraphs (1) and (2) under the laws of the United
        States or one of its territories or possessions, another
        state, the District of Columbia, the Commonwealth of Puerto
        Rico or a foreign nation.
        (b)  Lifetime registration.--The following individuals shall
     be subject to lifetime registration:
            (1)  An individual with two or more convictions of any of
        the offenses set forth in subsection (a).
            (2)  Individuals convicted of any of the following
        offenses:
                18 Pa.C.S. § 3121 (relating to rape).
                18 Pa.C.S. § 3123 (relating to involuntary deviate
            sexual intercourse).
                18 Pa.C.S. § 3124.1 (relating to sexual assault).
                18 Pa.C.S. § 3125 (relating to aggravated indecent
            assault).
                18 Pa.C.S. § 4302 (relating to incest) when the
            victim is under 12 years of age.
            (3)  Sexually violent predators.
            (4)  Individuals currently residing in this Commonwealth
        who have been convicted of offenses similar to the crimes
        cited in paragraph (2) under the laws of the United States or
        one of its territories or possessions, another state, the
        District of Columbia, the Commonwealth of Puerto Rico or a
        foreign nation.
        (c)  Natural disaster.--The occurrence of a natural disaster
     or other event requiring evacuation of residences shall not
     relieve an individual of the duty to register or any other duty
     imposed by this chapter.
        Section 7.  Section 9795.2 (a)(2) and (2.1) and (b) of Title
     42, amended November 24, 2004 (P.L.1243, No.152), are amended
     and subsec. (a)(3) and (4) are carried without amendment to
     read:
      § 9795.2.  Registration procedures and applicability.
        (a)  Registration.--
            * * *
            (2)  Offenders and sexually violent predators shall
        inform the Pennsylvania State Police within [ten days] 48
        hours of:
                (i)  Any change of residence or establishment of an
            additional residence or residences.
                (ii)  Any change of employer or employment location
            for a period of time that will exceed 14 days or for an
            aggregate period of time that will exceed 30 days during
            any calendar year, or termination of employment.
                (iii)  Any change of institution or location at which
            the person is enrolled as a student, or termination of
            enrollment.
                (iv)  Becoming employed or enrolled as a student if
            the person has not previously provided that information
            to the Pennsylvania State Police.
            (2.1)  Registration with a new law enforcement agency
        shall occur no later than [ten days] 48 hours after
        establishing residence in another state.
            (3)  The ten-year registration period required in section
        9795.1(a) (relating to registration) shall be tolled when an
        offender is recommitted for a parole violation or sentenced
        to an additional term of imprisonment. In such cases, the
        Department of Corrections or county correctional facility
        shall notify the Pennsylvania State Police of the admission
        of the offender.
            (4)  This paragraph shall apply to all offenders and
        sexually violent predators:
                (i)  Where the offender or sexually violent predator
            was granted parole by the Pennsylvania Board of Probation
            and Parole or the court or is sentenced to probation or
            intermediate punishment, the board or county office of
            probation and parole shall collect registration
            information from the offender or sexually violent
            predator and forward that registration information to the
            Pennsylvania State Police. The Department of Corrections
            or county correctional facility shall not release the
            offender or sexually violent predator until it receives
            verification from the Pennsylvania State Police that it
            has received the registration information. Verification
            by the Pennsylvania State Police may occur by electronic
            means, including e-mail or facsimile transmission. Where
            the offender or sexually violent predator is scheduled to
            be released from a State correctional facility or county
            correctional facility because of the expiration of the
            maximum term of incarceration, the Department of
            Corrections or county correctional facility shall collect
            the information from the offender or sexually violent
            predator no later than ten days prior to the maximum
            expiration date. The registration information shall be
            forwarded to the Pennsylvania State Police.
                (ii)  Where the offender or sexually violent predator
            scheduled to be released from a State correctional
            facility or county correctional facility due to the
            maximum expiration date refuses to provide the
            registration information, the Department of Corrections
            or county correctional facility shall notify the
            Pennsylvania State Police or police department with
            jurisdiction over the facility of the failure to provide
            registration information and of the expected date, time
            and location of the release of the offender or sexually
            violent predator.
        (b)  Individuals convicted or sentenced by a court or
     adjudicated delinquent in jurisdictions outside this
     Commonwealth or sentenced by court martial.--
            (4)  An individual who resides, is employed or is a
        student in this Commonwealth and who has been convicted of or
        sentenced by a court or court martialed for a sexually
        violent offense or a similar offense under the laws of the
        United States or one of its territories or possessions,
        another state, the District of Columbia, the Commonwealth of
        Puerto Rico or a foreign nation, or who was required to
        register under a sexual offender statute in the jurisdiction
        where convicted, sentenced or court martialed, shall register
        at an approved registration site within [ten days] 48 hours
        of the individual's arrival in this Commonwealth. The
        provisions of this subchapter shall apply to the individual
        as follows:
                (i)  If the individual has been classified as a
            sexually violent predator as defined in section 9792
            (relating to definitions) or determined under the laws of
            the other jurisdiction or by reason of court martial to
            be subject to active notification and lifetime
            registration on the basis of a statutorily authorized
            administrative or judicial decision or on the basis of a
            statute or administrative rule requiring active
            notification and lifetime registration based solely on
            the offense for which the individual was convicted,
            sentenced or court martialed, the individual shall,
            notwithstanding section 9792, be considered a sexually
            violent predator and subject to lifetime registration
            pursuant to section 9795.1(b) (relating to registration).
            The individual shall also be subject to the provisions of
            this section and sections 9796 (relating to verification
            of residence), 9798 (relating to other notification) and
            9798.1(c)(1) (relating to information made available on
            the Internet), except that the individual shall not be
            required to receive counseling unless required to do so
            by the other jurisdiction or by reason of court martial.
                (ii)  Except as provided in subparagraphs (i) and
            (iv), if the individual has been convicted or sentenced
            by a court or court martialed for an offense listed in
            section 9795.1(b) or an equivalent offense, the
            individual shall, notwithstanding section 9792, be
            considered an offender and be subject to lifetime
            registration pursuant to 9795.1(b). The individual shall
            also be subject to the provisions of this section and
            sections 9796 and 9798.1(c)(2).
                (iii)  Except as provided in subparagraphs (i), (ii),
            (iv) and (v), if the individual has been convicted or
            sentenced by a court or court martialed for an offense
            listed in section 9795.1(a) or an equivalent offense, the
            individual shall be, notwithstanding section 9792,
            considered an offender and subject to registration
            pursuant to this subchapter. The individual shall also be
            subject to the provisions of this section and sections
            9796 and 9798.1(c)(2). The individual shall be subject to
            this subchapter for a period of ten years or for a period
            of time equal to the time for which the individual was
            required to register in the other jurisdiction or
            required to register by reason of court martial,
            whichever is greater, less any credit due to the
            individual as a result of prior compliance with
            registration requirements.
                (iv)  Except as provided in subparagraph (i) and
            notwithstanding subparagraph (v), if the individual is
            subject to active notification in the other jurisdiction
            or subject to active notification by reason of court
            martial, the individual shall, notwithstanding section
            9792, be considered an offender and subject to this
            section and sections 9796, 9798 and 9798.1(c)(1). If the
            individual was convicted of or sentenced in the other
            jurisdiction or sentenced by court martial for an offense
            listed in section 9795.1(b) or an equivalent offense, the
            individual shall be subject to this subchapter for the
            individual's lifetime. If the individual was convicted of
            or sentenced in the other jurisdiction or sentenced by
            court martial for an offense listed in section 9795.1(a)
            or an equivalent offense, the individual shall be subject
            to this subchapter for a period of ten years or for a
            period of time equal to the time for which the individual
            was required to register in the other jurisdiction or
            required to register by reason of court martial,
            whichever is greater, less any credit due to the
            individual as a result of prior compliance with
            registration requirements. Otherwise, the individual
            shall be subject to this subchapter for a period of time
            equal to the time for which the individual was required
            to register in the other jurisdiction or required to
            register by reason of court martial, less any credit due
            to the individual as a result of prior compliance with
            registration requirements.
                (v)  Except as provided in subparagraphs (i), (ii),
            (iii) and (iv), if the individual is subject to passive
            notification in the other jurisdiction or subject to
            passive notification by reason of court martial, the
            individual shall, notwithstanding section 9792, be
            considered an offender and subject to this section and
            sections 9796 and 9798.1(c)(2). The individual shall be
            subject to this subchapter for a period of time equal to
            the time for which the individual was required to
            register in the other jurisdiction or required to
            register by reason of court martial, less any credit due
            to the individual as a result of prior compliance with
            registration requirements.
            (5)  Notwithstanding the provisions of Chapter 63
        (relating to juvenile matters) and except as provided in
        paragraph (4), an individual who resides, is employed or is a
        student in this Commonwealth and who is required to register
        as a sex offender under the laws of the United States or one
        of its territories or possessions, another state, the
        District of Columbia, the Commonwealth of Puerto Rico or a
        foreign nation as a result of a juvenile adjudication shall
        register at an approved registration site within [ten days]
        48 hours of the individual's arrival in this Commonwealth.
        The provisions of this subchapter shall apply to the
        individual as follows:
                (i)  If the individual has been classified as a
            sexually violent predator as defined in section 9792 or
            determined under the laws of the other jurisdiction to be
            subject to active notification and lifetime registration
            on the basis of a statutorily authorized administrative
            or judicial decision or on the basis of a statute or
            administrative rule requiring active notification and
            lifetime registration based solely on the offense for
            which the individual was adjudicated, the individual
            shall, notwithstanding section 9792, be considered a
            sexually violent predator and subject to lifetime
            registration pursuant to section 9795.1(b). The
            individual shall also be subject to the provisions of
            this section and sections 9796 and 9798.1(c)(1), except
            that the individual shall not be required to receive
            counseling unless required to do so by the other
            jurisdiction.
                (ii)  Except as provided in subparagraph (i), if the
            individual is subject to active notification in the other
            jurisdiction, the individual shall, notwithstanding
            section 9792, be considered an offender and subject to
            registration pursuant to this subchapter. The individual
            shall also be subject to the provisions of this section
            and sections 9796, 9798 and 9798.1(c)(1). The individual
            shall be subject to this subchapter for a period of time
            equal to the time for which the individual was required
            to register in the other jurisdiction, less any credit
            due to the individual as a result of prior compliance
            with registration requirements.
                (iii)  Except as provided in subparagraphs (i) and
            (ii), if the individual is subject to passive
            notification in the other jurisdiction, the individual
            shall, notwithstanding section 9792, be considered an
            offender and be subject to this section and sections 9796
            and 9798.1(c)(2). The individual shall be subject to this
            subchapter for a period of time equal to the time for
            which the individual was required to register in the
            other jurisdiction, less any credit due to the individual
            as a result of prior registration compliance.
        * * *
        Section 8.  Title 42 is amended by adding a section to read:
      § 9798.3.  Global positioning system technology.
        The Pennsylvania Board of Probation and Parole and county
     probation authorities may impose supervision conditions that
     include offender tracking through global positioning system
     technology.
        Section 9.  Section 9799.2 of Title 42 is amended by adding a
     paragraph to read:
      § 9799.2.  Duties of Pennsylvania Board of Probation and
                    Parole.
        The Pennsylvania Board of Probation and Parole shall:
            * * *
            (4)  Apply for Federal funding as provided in the Adam
        Walsh Child Protection and Safety Act of 2006 (Public Law
        109-248, 120 Stat. 587) to support and enhance programming
        using satellite global positioning system technology.
        Section 10.  The addition of 42 Pa.C.S. § 9718.3 shall apply
     to offenses committed on or after the effective date of this
     section.
        Section 11.  This act shall take effect January 1, 2007.

     APPROVED--The 29th day of November, A. D. 2006.

     EDWARD G. RENDELL