1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in registration of sexual
3offenders, further providing for applicability; and imposing
4residency restrictions for certain offenders.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 9799.13 of Title 42 of the Pennsylvania
8Consolidated Statutes, amended July 5, 2012 (P.L.880, No.91), is
9amended to read:

10§ 9799.13. Applicability.

11(a) General rule.--The following individuals shall register
12with the Pennsylvania State Police as provided in sections
139799.15 (relating to period of registration), 9799.19 (relating
14to initial registration) and 9799.25 (relating to verification
15by sexual offenders and Pennsylvania State Police) and otherwise
16comply with the provisions of this subchapter:

17(1) An individual who, on or after the effective date of
18this section, is convicted of a sexually violent offense and
19who has a residence within this Commonwealth or is a

1transient.

2(1.1) An individual who, on or after the effective date
3of this section, is convicted of a sexually violent offense
4in this Commonwealth and does not have a residence in this
5Commonwealth and:

6(i) is employed in this Commonwealth; or

7(ii) is a student in this Commonwealth.

8(1.2) An individual who, on or after the effective date
9of this section, is convicted of a sexually violent offense
10and does not have a residence within this Commonwealth or is 
11not a transient in this Commonwealth and:

12(i) is employed in this Commonwealth; or

13(ii) is a student in this Commonwealth.

14(2) An individual who, on or after the effective date of
15this section, is, as a result of a conviction for a sexually 
16violent offense, an inmate in a State or county correctional
17institution of this Commonwealth, including a community
18corrections center or a community contract facility, is being
19supervised by the Pennsylvania Board of Probation and Parole
20or county probation or parole, is subject to a sentence of
21intermediate punishment or has supervision transferred 
22pursuant to the Interstate Compact for Adult Supervision in 
23accordance with section 9799.19(g).

24(2.1) An individual who, on or after the effective date
25of this section, is, as a result of a conviction for a
26sexually violent offense, an inmate in a Federal correctional
27institution or is supervised by Federal probation authorities
28and who:

29(i) has a residence within this Commonwealth or is a
30transient;

1(ii) is employed within this Commonwealth; or

2(iii) is a student within this Commonwealth.

3(3) An individual who is required to register or was 
4required to register and failed to register with the
5Pennsylvania State Police under this subchapter prior to the
6effective date of this section and who has not fulfilled the
7period of registration as of the effective date of this
8section.

9(7) An individual who, on or after the effective date of
10this section, is required to register in a sexual offender
11registry in another jurisdiction or in a foreign country
12based upon a conviction for a sexually violent offense or
13under a sexual offender statute in the jurisdiction where the
14individual is convicted and:

15(i) has a residence in this Commonwealth or is a 
16transient;

17(ii) is employed within this Commonwealth; or

18(iii) is a student within this Commonwealth.

19(7.1) An individual who, on or after the effective date
20of this section, is required to register in a sexual offender
21registry in another jurisdiction or foreign country based
22upon a conviction of an offense set forth in section
239799.14(b)(23) (relating to sexual offenses and tier system)
24and:

25(i) has a residence in this Commonwealth or is a
26transient;

27(ii) is employed within this Commonwealth; or

28(iii) is a student within this Commonwealth.

29(7.2) An individual who, on or after the effective date
30of this paragraph, is convicted of a sexually violent offense

1in another jurisdiction or foreign country, or is
2incarcerated or under supervision as a result of a conviction
3for a sexually violent offense in another jurisdiction or
4foreign country and:

5(i) has a residence in this Commonwealth or is a
6transient;

7(ii) is employed within this Commonwealth; or

8(iii) is a student within this Commonwealth.

9(8) An individual who, on or after the effective date of
10this section, is a juvenile offender who was adjudicated
11delinquent within this Commonwealth or was adjudicated
12delinquent in another jurisdiction or a foreign country and:

13(i) has a residence within this Commonwealth;

14(ii) is employed within this Commonwealth; or

15(iii) is a student within this Commonwealth.

16(8.1) An individual who is a juvenile offender who is
17adjudicated delinquent in this Commonwealth on or after the
18effective date of this paragraph but who does not have a
19residence within this Commonwealth, is not a transient, is
20not employed in this Commonwealth or is not a student within
21this Commonwealth must register with the Pennsylvania State
22Police in accordance with section 9799.19 prior to leaving
23this Commonwealth.

24(9) An individual who, on or after the effective date of
25this section, is a sexually violent delinquent child who is
26committed for involuntary treatment or, on the effective date
27of this section, is under commitment receiving involuntary
28treatment in the State-owned facility or unit as set forth in
29Chapter 64 (relating to court-ordered involuntary treatment
30of certain sexually violent persons).

1(b) Residency restrictions for certain offenders.--

2(1) No person who is subject to registration under
3subsection (a) and who was convicted of an offense against a
4child under 18 years of age shall establish a residence or
5maintain a residence or other living accommodation as
6prohibited under this subsection. No such person who is
7subject to any order of parole, probation or supervision may
8be placed by any governmental authority in any residential
9setting that does not comply with the following:

10(i) For a sexually violent predator or a Tier III
11sex offender the person may reside within 1,500 feet of
12the real property on which is located any public, private
13or parochial school, licensed preschool program,
14certified day-care center, registered family day-care
15home, recreation center or playground.

16(ii) For a Tier I or Tier II sex offender the court
17may include in any sentencing order and any order issued
18under this subchapter a residency restriction up to 1,500
19feet of the real property on which is located any public,
20private or parochial school, licensed preschool program,
21certified day-care center, registered family day-care
22home, recreation center or playground.

23(2) This subsection shall not apply to any person who
24resides in any of the following on a temporary or permanent
25basis:

26(i) A hospital licensed by the Commonwealth.

27(ii) A nursing home or similar entity licensed by
28the Commonwealth.

29(iii) Except as provided in paragraph (1), any place
30where the person is incarcerated due to a criminal charge

1or conviction.

2(iv) Any location where a person is voluntarily or
3involuntarily committed for treatment pursuant to the act
4of July 9, 1976 (P.L.817, No.143), known as the Mental
5Health Procedures Act.

6(v) A temporary lodging for consideration for a term
7that is less than 30 consecutive days.

8(3) Nothing in this subsection shall be construed to:

9(i) Require any person subject to the provisions of
10this section or section 9795.1 (relating to registration)
11to sell or otherwise dispose of any real estate, home or
12other real property or to cancel any lease of real
13property that was acquired or entered prior to the
14effective date of this subsection.

15(ii) Prohibit such person from maintaining a
16residence at a location as provided in this subsection.
17In order for a person to comply with the exemption
18provided in this paragraph, the person must provide
19evidence to the court in which the sentencing occurred
20and to the Pennsylvania State Police at the time of
21registration pursuant to section 9795.1 and verification
22pursuant to section 9796 (relating to verification of
23residence). The evidence shall consist of:

24(A) For real property, a copy of a deed,
25security interest or mortgage to which the person is
26a signatory.

27(B) For a leasehold, a copy of the applicable
28lease agreement to which the person is a signatory.

29Section 2. This act shall take effect in 60 days.