PRINTER'S NO. 587
No. 554 Session of 1995
INTRODUCED BY CORRIGAN, LAUGHLIN, PESCI, E. Z. TAYLOR, JAROLIN,
BELARDI, TRELLO, PISTELLA, STABACK, SERAFINI, THOMAS,
PETRARCA, RUDY, WASHINGTON AND CIVERA, FEBRUARY 2, 1995
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for registration of habitual
3 sexual offenders of children; and imposing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 93
9 REGISTRATION OF HABITUAL SEXUAL
10 OFFENDERS OF CHILDREN
11 Sec.
12 9301. Definitions.
13 9302. Duty to register.
14 9303. Discharge of habitual sexual offender of children from
15 penal institution.
16 9304. Duties of court.
17 9305. Change of address.
18 9306. Duration of registration.
1 9307. Registration requirements.
2 9308. Public inspection of registration data prohibited.
3 9309. Penalty.
4 § 9301. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Habitual sexual offender of children." A person who is
9 convicted for a second or subsequent time of an offense
10 enumerated in Chapter 31 (relating to sexual offenses) or
11 section 6312 (relating to sexual abuse of children) if the
12 victim is 17 years of age or younger.
13 (1) A conviction of attempt to commit an offense defined
14 in this section shall constitute a conviction for the
15 purposes of this chapter.
16 (2) Convictions which result from or are connected with
17 the same act or result from offenses committed at the same
18 time shall be counted as one conviction.
19 (3) A conviction set aside under law is not a conviction
20 for the purposes of this chapter.
21 (4) A conviction of an offense under the law of another
22 state which is substantially equivalent to an offense
23 enumerated in Chapter 31 or section 6312 shall constitute a
24 conviction for the purpose of this chapter.
25 § 9302. Duty to register.
26 A habitual sexual offender of children shall, within 30 days
27 of his coming into any county in which he resides or is
28 temporarily domiciled for more than 30 days, register with the
29 chief of police of the jurisdiction in which he resides or, in
30 the event there is no chief of police, with the Pennsylvania
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1 State Police.
2 § 9303. Discharge of habitual sexual offender of children from
3 penal institution.
4 A habitual sexual offender of children who is discharged or
5 paroled from a prison, hospital or other institution or facility
6 where he was confined because of a conviction of one of the
7 offenses defined in section 9301 (relating to definitions)
8 shall, prior to discharge, parole or release, be informed of his
9 duty to register under this chapter by the institution or
10 facility in which he was confined. The institution or facility
11 shall require the person to read and sign a form prepared by the
12 Pennsylvania State Police stating that the duty to register and
13 the procedure for registration have been explained to him. The
14 institution or facility shall obtain the address where the
15 person expects to reside upon his discharge, parole or release
16 and shall report the address to the Pennsylvania State Police.
17 The institution or facility shall give one copy of the form to
18 the person and shall send two copies to the Pennsylvania State
19 Police who shall forward one copy to the chief of police of the
20 jurisdiction where the person expects to reside upon his
21 discharge, parole or release. The parole officer of a habitual
22 sexual offender shall notify the chief of police of the
23 jurisdiction where the parolee offender resides of parolee's
24 residence and place of employment on an annual basis.
25 § 9304. Duties of court.
26 (a) Upon conviction.--Upon conviction of an offense defined
27 in section 9301 (relating to definitions), the court shall
28 certify that the person is a habitual sexual offender of
29 children and shall include the certification in the order of
30 commitment.
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1 (b) Upon release.--A habitual sexual offender of children
2 who is released on probation or discharged upon payment of a
3 fine because of the commission of, or attempt to commit, one of
4 the offenses defined in section 9301 shall, prior to release, be
5 informed of his duty to register under this chapter by the court
6 in which he was convicted. The court shall require the person to
7 read and sign a form prepared by the Pennsylvania State Police
8 stating that the duty to register and the procedure for
9 registration have been explained to him. The court shall obtain
10 the address where the person expects to reside upon his release
11 and shall report the address to the Pennsylvania State Police.
12 The court shall give one copy of the form to the person and
13 shall send two copies to the Pennsylvania State Police who shall
14 forward one copy to the chief of police of the jurisdiction
15 where the person expects to reside upon his release.
16 § 9305. Change of address.
17 If any person required to register under this chapter changes
18 his residence address, he shall inform the chief of police of
19 the jurisdiction with whom he last registered of his new address
20 in writing within ten days. The chief of police of the
21 jurisdiction shall, within three days of receipt, forward the
22 information to the Pennsylvania State Police and to the chief of
23 police of the jurisdiction of the new place of residence.
24 § 9306. Duration of registration.
25 A person required to register under this chapter shall be
26 required to register for a period of 25 years after conviction,
27 if not confined to a penal institution, hospital or any other
28 institution or facility. If so confined, the person shall be
29 required to register for a period of 25 years after parole,
30 discharge or release from the facility. Liability for
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1 registration terminates only if the person does not during the
2 applicable ten-year period again become liable to register under
3 the provisions of this chapter.
4 § 9307. Registration requirements.
5 Registration under this chapter shall consist of a statement
6 in writing signed by the registrant giving information as may be
7 required by the Pennsylvania State Police, which may include the
8 fingerprints and photograph of the applicant. Within three days
9 the registering chief of police of the jurisdiction shall
10 forward the statement and any other required information to the
11 Pennsylvania State Police.
12 § 9308. Public inspection of registration data permitted.
13 The statements or any other information required by this
14 chapter shall be open to inspection by the public.
15 § 9309. Penalty.
16 A person required to register under this chapter who violates
17 any of its provisions commits a misdemeanor of the second
18 degree.
19 Section 2. This act shall take effect in 90 days.
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