PRINTER'S NO. 3573
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2435
Session of
2018
INTRODUCED BY MUSTIO, BERNSTINE, COX, MILLARD, STEPHENS, WATSON
AND WHEELAND, MAY 24, 2018
REFERRED TO COMMITTEE ON JUDICIARY, MAY 24, 2018
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, providing
for assignment of sex offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1310.2. Assignment of Sex Offenders.--(a) Upon
discharge, parole, transfer to a community correctional facility
or other authorized leave or release of a sex offender, the
board of school directors of a school district where the sex
offender resides shall assign the sex offender in a school
building that is not attended by a victim or a sibling of a
victim of the sex offender. The board of school directors may
satisfy the provisions of this subsection by placing the sex
offender in another school building within the school district,
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a cyber education program, a charter school, a cyber charter
school, a regional charter school, an intermediate unit, an area
vocational-technical school, a nonpublic school or another
school district.
(b) If the sex offender is under eighteen (18) years of age,
the parent or legal guardian shall be responsible for the
transportation of the sex offender to and from the school
building where the board of school directors assigns the sex
offender under subsection (a).
(c) Upon discharge, parole, transfer to a community
correctional facility or other authorized leave or release of a
sex offender, the Secretary of Corrections shall send notice of
the discharge, parole, transfer or other authorized leave or
release to all of the following:
(1) The board of school directors of the school district
where the sex offender intends to reside.
(2) The public school entity, cyber education program,
charter school, cyber charter school, regional charter school or
intermediate unit, area vocational-technical school or nonpublic
school that the sex offender will attend, if known.
(d) The following words and phrases as used in this section
shall have the meanings given to them in this subsection:
"Cyber education program" means a program through which a
school district uses the Internet or other electronic means to
exclusively provide instruction to a student.
"School building" means a building owned by or under the
control of a school district, charter school, regional charter
school, intermediate unit, area vocational-technical school or
nonpublic school where classes are taught on a regular basis.
"Sex offender" means an individual who meets the following
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criteria:
(1) The individual is under twenty-two (22) years of age.
(2) The individual seeks to hold a certificate of graduation
from a regularly accredited, licensed, registered or approved
high school.
(3) The individual is convicted of an offense under any of
the following:
(i) 18 Pa.C.S. § 3011 (relating to traffic in individuals).
(ii) 18 Pa.C.S. § 3012 (relating to involuntary servitude).
(iii) 18 Pa.C.S. § 3013 (relating to patronizing a victim of
sexual servitude).
(iv) 18 Pa.C.S. § 3121 (relating to rape).
(v) 18 Pa.C.S. § 3122.1 (relating to statutory sexual
assault).
(vi) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
(vii) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(viii) 18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
(ix) 18 Pa.C.S. § 3126 (relating to indecent assault).
(x) 18 Pa.C.S. § 3127 (relating to indecent exposure).
(xi) 18 Pa.C.S. § 3131 (relating to unlawful dissemination
of intimate image).
(xii) 18 Pa.C.S. § 5901 (relating to open lewdness).
(xiii) 18 Pa.C.S. § 5902 (relating to prostitution and
related offenses).
(xiv) 18 Pa.C.S. § 5903 (relating to obscene and other
sexual materials and performances).
(xv) 18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
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(xvi) 18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
(xvii) 18 U.S.C. Ch. 109A (relating to sexual abuse).
(xviii) 18 U.S.C. Ch. 1l0 (relating to sexual exploitation
and other abuse of children).
Section 2. This act shall take effect in 60 days.
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