SENATE AMENDED
PRIOR PRINTER'S NOS. 1638, 3856, 3984 PRINTER'S NO. 4314
No. 1392 Session of 2001
INTRODUCED BY MANN, WOGAN, ARGALL, M. BAKER, BELARDI,
BENNINGHOFF, BROWNE, BUNT, BUXTON, CALTAGIRONE, CAPPELLI,
CIVERA, CLARK, CORRIGAN, CRUZ, CURRY, DALEY, DALLY, FEESE,
FRANKEL, FREEMAN, GEIST, GRUCELA, HARHAI, HENNESSEY, KELLER,
KENNEY, KIRKLAND, LAUGHLIN, LEDERER, McCALL, McILHINNEY,
R. MILLER, S. MILLER, MYERS, RAYMOND, READSHAW, ROHRER,
SAINATO, SAYLOR, SCHRODER, SCHULER, SCRIMENTI, SEMMEL,
SHANER, B. SMITH, SOLOBAY, STABACK, STERN, SURRA,
E. Z. TAYLOR, J. TAYLOR, TIGUE, TRICH, C. WILLIAMS,
J. WILLIAMS, WOJNAROSKI, YOUNGBLOOD, J. EVANS, L. I. COHEN
AND DIVEN, APRIL 24, 2001
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 24, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR <--
3 DETERMINATIONS IN INFORMAL HEARINGS, FOR STANDING IN INFORMAL
4 HEARINGS AND FOR DETERMINATIONS IN PERMANENCY HEARINGS IN
5 CERTAIN JUVENILE MATTERS; prohibiting profits received by
6 third party persons from the commission of a crime; AND <--
7 FURTHER PROVIDING FOR REGISTRATION PROCEDURES AND
8 APPLICABILITY, FOR SENTENCING COURT INFORMATION AND FOR
9 DUTIES OF PENNSYLVANIA STATE POLICE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 8312 of Title 42 of the Pennsylvania <--
13 Consolidated Statutes is amended to read:
14 SECTION 1. SECTIONS 6332(A), 6336.1, 6351(F), (G) AND (H), <--
15 8312, 9795.2(A) AND (C), 9795.3 AND 9799.1(4) OF TITLE 42 OF THE
16 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
1 § 6332. INFORMAL HEARING.
2 (A) GENERAL RULE.--AN INFORMAL HEARING SHALL BE HELD
3 PROMPTLY BY THE COURT OR MASTER AND NOT LATER THAN 72 HOURS
4 AFTER THE CHILD IS PLACED IN DETENTION OR SHELTER CARE TO
5 DETERMINE WHETHER HIS DETENTION OR SHELTER CARE IS REQUIRED
6 UNDER SECTION 6325 (RELATING TO DETENTION OF CHILD), WHETHER
7 ALLOWING THE CHILD TO REMAIN IN THE HOME WOULD BE CONTRARY TO
8 THE WELFARE OF THE CHILD, AND IF THE CHILD IS ALLEGED TO BE
9 DELINQUENT, [THAT] WHETHER PROBABLE CAUSE EXISTS THAT THE CHILD
10 HAS COMMITTED A DELINQUENT ACT. REASONABLE NOTICE THEREOF,
11 EITHER ORAL OR WRITTEN, STATING THE TIME, PLACE, AND PURPOSE OF
12 THE HEARING SHALL BE GIVEN TO THE CHILD AND IF THEY CAN BE
13 FOUND, TO HIS PARENTS, GUARDIAN, OR OTHER CUSTODIAN. PRIOR TO
14 THE COMMENCEMENT OF THE HEARING THE COURT OR MASTER SHALL INFORM
15 THE PARTIES OF THEIR RIGHT TO COUNSEL AND TO APPOINTED COUNSEL
16 IF THEY ARE NEEDY PERSONS, AND OF THE RIGHT OF THE CHILD TO
17 REMAIN SILENT WITH RESPECT TO ANY ALLEGATIONS OF DELINQUENCY. IF
18 THE CHILD IS ALLEGED TO BE A DEPENDENT CHILD, THE COURT OR
19 MASTER SHALL ALSO DETERMINE WHETHER REASONABLE EFFORTS WERE MADE
20 TO PREVENT SUCH PLACEMENT OR, IN THE CASE OF AN EMERGENCY
21 PLACEMENT WHERE SERVICES WERE NOT OFFERED AND COULD NOT HAVE
22 PREVENTED THE NECESSITY OF PLACEMENT, [WHETHER SUCH LACK OF
23 EFFORTS WAS REASONABLE] WHETHER THE LEVEL OF EFFORT WAS
24 REASONABLE DUE TO THE EMERGENCY NATURE OF THE SITUATION, SAFETY
25 CONSIDERATIONS AND CIRCUMSTANCES OF THE FAMILY.
26 * * *
27 § 6336.1. NOTICE AND HEARING.
28 THE COURT SHALL DIRECT THE COUNTY AGENCY OR JUVENILE
29 PROBATION DEPARTMENT TO PROVIDE THE CHILD'S FOSTER PARENT,
30 PREADOPTIVE PARENT OR RELATIVE PROVIDING CARE FOR THE CHILD WITH
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1 TIMELY NOTICE OF THE HEARING. THE COURT SHALL PROVIDE THE
2 CHILD'S FOSTER PARENT, PREADOPTIVE PARENT OR RELATIVE PROVIDING
3 CARE FOR THE CHILD THE OPPORTUNITY TO BE HEARD AT ANY HEARING
4 UNDER THIS CHAPTER. [NOTHING] UNLESS A FOSTER PARENT,
5 PREADOPTIVE PARENT OR RELATIVE PROVIDING CARE FOR THE CHILD HAS
6 BEEN AWARDED LEGAL CUSTODY PURSUANT TO SECTION 6357 (RELATING TO
7 RIGHTS AND DUTIES OF LEGAL CUSTODIAN), NOTHING IN THIS SECTION
8 SHALL GIVE THE FOSTER PARENT, PREADOPTIVE PARENT OR RELATIVE
9 PROVIDING CARE FOR THE CHILD LEGAL STANDING IN THE MATTER BEING
10 HEARD BY THE COURT.
11 § 6351. DISPOSITION OF DEPENDENT CHILD.
12 * * *
13 (F) MATTERS TO BE DETERMINED AT PERMANENCY HEARING.--AT EACH
14 HEARING, THE COURT SHALL DO ALL OF THE FOLLOWING:
15 (1) [DETERMINE] DETERMINE THE CONTINUING NECESSITY FOR
16 AND APPROPRIATENESS OF THE PLACEMENT[;].
17 (2) [DETERMINE] DETERMINE THE APPROPRIATENESS,
18 FEASIBILITY AND EXTENT OF COMPLIANCE WITH THE PERMANENCY PLAN
19 DEVELOPED FOR THE CHILD[;].
20 (3) [DETERMINE] DETERMINE THE EXTENT OF PROGRESS MADE
21 TOWARD ALLEVIATING THE CIRCUMSTANCES WHICH NECESSITATED THE
22 ORIGINAL PLACEMENT[;].
23 (4) [DETERMINE] DETERMINE THE APPROPRIATENESS AND
24 FEASIBILITY OF THE CURRENT PLACEMENT GOAL FOR THE CHILD[;].
25 (5) [PROJECT] PROJECT A LIKELY DATE BY WHICH THE GOAL
26 FOR THE CHILD MIGHT BE ACHIEVED[;].
27 (5.1) DETERMINE WHETHER REASONABLE EFFORTS HAVE BEEN
28 MADE TO FINALIZE THE PERMANENCY PLAN IN EFFECT.
29 (6) [DETERMINE] DETERMINE WHETHER THE CHILD IS SAFE[;].
30 (7) [DETERMINE, IF] IF THE CHILD HAS BEEN PLACED OUTSIDE
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1 [THE] THIS COMMONWEALTH, DETERMINE WHETHER THE PLACEMENT
2 CONTINUES TO BE BEST SUITED TO THE PROTECTION AND PHYSICAL,
3 MENTAL AND MORAL WELFARE OF THE CHILD[;].
4 (8) [DETERMINE] DETERMINE THE SERVICES NEEDED TO ASSIST
5 A CHILD WHO IS 16 YEARS OF AGE OR OLDER TO MAKE THE
6 TRANSITION TO INDEPENDENT LIVING[; AND].
7 (9) [IF] IF THE CHILD HAS BEEN IN PLACEMENT FOR AT LEAST
8 15 OF THE LAST 22 MONTHS OR THE COURT HAS DETERMINED THAT
9 AGGRAVATED CIRCUMSTANCES EXIST AND THAT REASONABLE EFFORTS TO
10 PREVENT OR ELIMINATE THE NEED TO REMOVE THE CHILD FROM THE
11 HOME OR TO PRESERVE AND REUNIFY THE FAMILY NEED NOT BE MADE
12 OR CONTINUE TO BE MADE, DETERMINE WHETHER THE COUNTY AGENCY
13 HAS FILED OR SOUGHT TO JOIN A PETITION TO TERMINATE PARENTAL
14 RIGHTS AND TO IDENTIFY, RECRUIT, PROCESS AND APPROVE A
15 QUALIFIED FAMILY TO ADOPT THE CHILD UNLESS:
16 (I) THE CHILD IS BEING CARED FOR BY A RELATIVE BEST
17 SUITED TO THE WELFARE OF THE CHILD;
18 (II) THE COUNTY AGENCY HAS DOCUMENTED A COMPELLING
19 REASON FOR DETERMINING THAT FILING A PETITION TO
20 TERMINATE PARENTAL RIGHTS WOULD NOT SERVE THE NEEDS AND
21 WELFARE OF THE CHILD; OR
22 (III) THE CHILD'S FAMILY HAS NOT BEEN PROVIDED WITH
23 NECESSARY SERVICES TO ACHIEVE THE SAFE RETURN TO THE
24 CHILD'S HOME WITHIN THE TIME FRAMES SET FORTH IN THE
25 PERMANENCY PLAN.
26 FOR CHILDREN PLACED IN FOSTER CARE ON OR BEFORE NOVEMBER 19,
27 1997, THE COUNTY AGENCY SHALL FILE OR JOIN A PETITION FOR
28 TERMINATION OF PARENTAL RIGHTS UNDER THIS SUBSECTION IN
29 ACCORDANCE WITH SECTION 103(C)(2) OF THE ADOPTION AND SAFE
30 FAMILIES ACT OF 1997 (PUBLIC LAW 105-89, 111 STAT. 2119).
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1 * * *
2 (G) COURT ORDER.--ON THE BASIS OF THE DETERMINATIONS MADE
3 UNDER SUBSECTION (F) AND ALL RELEVANT EVIDENCE, THE COURT, IN
4 ADDITION, SHALL DO ALL OF THE FOLLOWING:
5 (1) [DETERMINE] DETERMINE IF AND WHEN THE CHILD:
6 (I) SHOULD BE RETURNED TO THE PARENTS, GUARDIAN OR
7 OTHER CUSTODIAN;
8 (II) WILL BE PLACED FOR ADOPTION AND THE COUNTY
9 AGENCY WILL FILE FOR TERMINATION OF PARENTAL RIGHTS; [OR]
10 (III) WILL BE PLACED WITH A LEGAL CUSTODIAN [OR IN
11 ANOTHER LIVING ARRANGEMENT INTENDED TO BE PERMANENT IN
12 NATURE APPROVED BY THE COURT IF THE COUNTY AGENCY HAS
13 DOCUMENTED A COMPELLING REASON THAT IT WOULD NOT SERVE
14 THE CHILD'S PHYSICAL, MENTAL OR EMOTIONAL HEALTH, SAFETY
15 OR MORALS TO RETURN HOME, TO BE REFERRED FOR TERMINATION
16 OF PARENTAL RIGHTS OR TO BE PLACED FOR ADOPTION; AND];
17 (IV) WILL BE PLACED PERMANENTLY WITH A FIT AND
18 WILLING RELATIVE; OR
19 (V) WILL BE PLACED IN ANOTHER LIVING ARRANGEMENT
20 INTENDED TO BE PERMANENT IN NATURE APPROVED BY THE COURT
21 IF THE COUNTY AGENCY HAS DOCUMENTED A COMPELLING REASON
22 THAT IT WOULD NOT SERVE THE CHILD'S PHYSICAL, MENTAL OR
23 EMOTIONAL HEALTH, SAFETY OR MORALS TO RETURN HOME, TO BE
24 REFERRED FOR TERMINATION OF PARENTAL RIGHTS, TO BE PLACED
25 FOR ADOPTION, TO BE PLACED PERMANENTLY WITH A LEGAL
26 CUSTODIAN OR TO BE PLACED PERMANENTLY WITH A FIT AND
27 WILLING RELATIVE.
28 (2) [ORDER] ORDER CONTINUATION, MODIFICATION OR
29 TERMINATION OF PLACEMENT OR OTHER DISPOSITION BEST SUITED TO
30 THE PROTECTION AND PHYSICAL, MENTAL AND MORAL WELFARE OF THE
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1 CHILD.
2 (H) CERTAIN HEARINGS DISCRETIONARY.--AT THE DISCRETION OF
3 THE COURT, PERMANENCY HEARINGS NEED NOT BE CONDUCTED
4 [(1) FOR A CHILD WHO HAS BEEN PLACED IN A LIVING
5 ARRANGEMENT THAT IS INTENDED TO BE PERMANENT IN NATURE AND
6 THAT IS APPROVED BY THE COURT;
7 (2) FOR A CHILD WHO HAS BEEN PLACED IN AN ADOPTIVE HOME
8 PENDING FINALIZATION OF ADOPTION PURSUANT TO 23 PA.C.S. PART
9 III (RELATING TO ADOPTION); OR
10 (3)] FOR A CHILD WHO HAS BEEN PLACED WITH A PERMANENT
11 LEGAL CUSTODIAN APPOINTED BY THE COURT PURSUANT TO SUBSECTION
12 (A) AND SECTION 6357 (RELATING TO RIGHTS AND DUTIES OF LEGAL
13 CUSTODIAN).
14 * * *
15 § 8312. Profits received as a result of commission of crime.
16 (a) General rule.--If a person has been convicted of a
17 crime, every person who knowingly contracts for, pays or agrees
18 to pay any profit from a crime to that person or a third party
19 shall give written notice to the [board] office of the payment
20 or obligation to pay as soon as practicable after discovering
21 that the payment or intended payment is a profit from a crime.
22 The [board] office, upon receipt of notice of a contract, an
23 agreement to pay or payment of profits from a crime, shall
24 notify all known eligible persons at their last known address of
25 the existence of the profits.
26 (b) Right of action.--Notwithstanding any inconsistent
27 provision of law or rules of civil procedure with respect to the
28 timely bringing of an action, any eligible person shall have the
29 right to bring a civil action in a court of competent
30 jurisdiction to recover money damages from a person convicted of
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1 a crime or third party or the legal representative of that
2 convicted person or third party within three years of the
3 discovery of any profits from a crime. Any damages awarded in
4 this action shall be recoverable only up to the value of the
5 profits from the crime. If an action is filed under this
6 subsection after the expiration of all other applicable statutes
7 of limitation, any other eligible person must file any action
8 for damages as a result of the crime within three years of the
9 actual discovery of profits from the crime or of actual notice
10 received from or notice published by the [board] office of the
11 discovery, whichever is later. If any profits from a crime
12 remain after the payment of claims made under this section, the
13 [board] office shall have the right to bring a civil action
14 within two years in a court of competent jurisdiction to recover
15 any payments made by the [board] office pursuant to [Article IV
16 of the act of April 9, 1929 (P.L.177, No.175), known as The
17 Administrative Code of 1929,] the act of November 24, 1998
18 (P.L.882, No.111), known as the Crime Victims Act, and any
19 expenses incurred by the [board] office pursuant to [Article IV
20 of The Administrative Code of 1929] the Crime Victims Act or
21 this section with regard to such crime or the person convicted
22 of such crime.
23 (c) Notice.--Upon filing an action under subsection (b), the
24 eligible person shall give notice to the [board] office of the
25 filing by delivering a copy of the complaint to the [board]
26 office. The eligible person may also give notice to the [board]
27 office prior to filing the action so as to allow the [board]
28 office to apply for any appropriate remedies which are otherwise
29 authorized to be invoked prior to the commencement of an action.
30 (d) Responsibilities of [board] office.--Upon receipt of a
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1 copy of a complaint, the [board] office shall immediately take
2 action as necessary to:
3 (1) Notify all other known eligible persons of the
4 alleged existence of profits from a crime by certified mail,
5 return receipt requested, where the eligible persons' names
6 and addresses are known by the [board] office.
7 (2) Publish, at least once a year for three years from
8 the date it is initially notified by an eligible person under
9 subsection (c), a legal notice in newspapers of general
10 circulation in the county wherein the crime was committed and
11 in counties contiguous to that county advising any eligible
12 persons of the existence of profits from a crime. The [board]
13 office may in its discretion provide for additional notice as
14 it deems necessary.
15 (3) Avoid the wasting of the assets identified in the
16 complaint as the newly discovered profits from a crime in any
17 manner consistent with subsection (e).
18 (e) Other remedies.--The [board] office, acting on behalf of
19 all eligible persons, shall have the right to apply for any and
20 all remedies that are also otherwise available to an eligible
21 person bringing an action under subsection (b). The remedies of
22 attachment, injunction, receivership and notice of pendency
23 available under law to an eligible person bringing an action
24 under subsection (b) shall also be available to the [board]
25 office in all actions under this subsection. On a motion for a
26 remedy, the moving party shall state whether any other remedy
27 has previously been sought in the same action against the same
28 defendant or third party. The court may require the moving party
29 to elect between those remedies to which it would otherwise be
30 entitled.
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1 (e.1) Receipt of victims' compensation.--The office may seek
2 repayment from an eligible person recovering damages under this
3 section who has received an award for victims' compensation
4 under the Crime Victims Act in accordance with the provisions of
5 the Crime Victims Act.
6 (f) Evasive action null and void.--Any action taken by any
7 person convicted of a crime, or by a third party subject to the
8 provisions of this section, whether by way of execution of a
9 power of attorney, creation of corporate entities or otherwise,
10 to defeat the purpose of this section shall be null and void as
11 against the public policy of this Commonwealth.
12 (g) Penalties.--
13 (1) Any person subject to the provisions of this
14 section, who willfully fails to do any of the following is
15 subject to a civil penalty of not less than $10,000 for each
16 offense and not more than an amount equal to three times the
17 contract amount:
18 (i) submit to the [board] office a copy of the
19 contract described in subsection (a); or
20 (ii) pay over to the [board] office any moneys or
21 other consideration as required by this section.
22 (2) If two or more persons are subject to the penalties
23 provided in this section, the persons shall be jointly and
24 severally liable for the payment of the penalty imposed.
25 (3) After notice and opportunity to be heard is
26 provided, the [board] office may by order assess the
27 penalties described in this section.
28 (4) If the penalties are not paid within 30 days from
29 the date of the order, any penalty assessed under this
30 section shall bear interest at the rate of 1% per month,
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1 compounded monthly.
2 (5) An action to recover a civil penalty assessed under
3 this section may be brought by the [board] office in a court
4 of competent jurisdiction within six years after the cause of
5 action accrues.
6 (6) Any moneys recovered under this subsection shall be
7 paid into the Crime Victim's Compensation Fund.
8 (g.1) Exceptions.--The provisions of this section do not
9 apply to profits received by a third party when:
10 (1) The crime was committed against a public figure.
11 (2) The third party receiving the profit obtains the
12 written consent of the victim of the crime or the victim's
13 closest surviving family member by blood, marriage or
14 adoption.
15 (3) The profit is generated by an item of publication.
16 The publisher shall not be required to obtain written consent
17 of the victim of the crime or the victim's closest surviving
18 family member by blood, marriage or adoption when the
19 information serving as the basis for the publication is
20 obtained from records in the public domain. Nothing in this
21 subsection shall be construed to permit or deny publication
22 by the person convicted of the crime, or the legal
23 representative of that convicted person.
24 (g.2) Severability.--The provisions of this section are
25 severable, and, if any word, phrase, clause, sentence,
26 subsection or provision of the section is for any reason held to
27 be unconstitutional, the decision of the court shall not affect
28 or impair any of the remaining provisions of this section. It is
29 hereby declared as the legislative intent that this section
30 would have been adopted had such unconstitutional word, phrase,
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1 clause, sentence, subsection or provision not been included.
2 (h) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 ["Board." The Crime Victim's Compensation Board as defined
6 in section 477 of the act of April 9, 1929 (P.L.177, No.175),
7 known as The Administrative Code of 1929.]
8 "Convicted." Includes conviction by entry of a plea of
9 guilty or nolo contendere, conviction after trial and a finding
10 of not guilty due to insanity or of guilty but mentally ill.
11 "Eligible person." Includes any of the following persons:
12 (1) A direct victim of the particular crime in question,
13 as ["victim"] "direct victim" is defined in section [479.1 of
14 the act of April 9, 1929 (P.L.177, No.175), known as The
15 Administrative Code of 1929] 103 of the act of November 24,
16 1998 (P.L.882, No.111), known as the Crime Victims Act.
17 (2) An intervenor in such crime.
18 (3) A surviving spouse, parent or child of a deceased
19 victim of or intervenor in such crime.
20 (4) Any other person dependent for his principal support
21 upon a deceased victim of or intervenor in such crime.
22 No person who is criminally responsible for the crime in
23 question or was an accomplice of the person who is criminally
24 responsible shall be an eligible person.
25 "Item of publication." Includes, but is not limited to, any
26 item appearing in a newspaper, periodical, magazine, journal,
27 textbook, book or other reading matter, film, motion picture,
28 television program, videotape, sound recording, interview, radio
29 program or live presentation of any kind.
30 "Office." The Office of Victims' Services in the
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1 Pennsylvania Commission on Crime and Delinquency.
2 "Profit from a crime." Includes any of the following:
3 (1) Any property obtained through or income generated
4 from the commission of a crime of which the defendant was
5 convicted.
6 (2) Any property obtained by or income generated from
7 the sale, conversion or exchange of proceeds of a crime of
8 which the defendant was convicted, including any gain
9 realized by such sale, conversion or exchange.
10 (3) Any property which the defendant obtained or income
11 generated as a result of having committed the crime of which
12 the defendant was convicted, including any assets obtained
13 through the use of unique knowledge obtained during the
14 commission of or in preparation for the commission of the
15 crime, as well as any property obtained by or income
16 generated from the sale, conversion or exchange of such
17 property and any gain realized by such sale, conversion or
18 exchange.
19 (4) Any property, memorabilia or income generated from
20 the sale, conversion or exchange of such property or
21 memorabilia the value of which is increased by the notoriety
22 gained from the commission of the crime, including, but not
23 limited to, personal property or memorabilia of the defendant
24 or personal property or memorabilia of a third party person <--
25 which has a relationship to the defendant or the commission
26 of the crime.
27 The term shall not include any item of publication, property or
28 memorabilia that has expressive value or is protected by the
29 first amendment to the Constitution of the United States or
30 income generated from any item of publication, property or
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1 memorabilia that has expressive value or is protected by the
2 first amendment.
3 "Public figure." The term shall include, but is not limited
4 to, a person who holds any elected or appointed public office or
5 any person who is deemed to have been publicly famous or
6 infamous because of who the person is or what the person has
7 done prior to the commission of the crime. The term does not
8 include a person who becomes publicly famous or infamous as a
9 result of the commission of the crime.
10 "Third party." Includes any person except for an eligible
11 person or a person convicted of the crime.
12 § 9795.2. REGISTRATION PROCEDURES AND APPLICABILITY. <--
13 (A) REGISTRATION.--
14 (1) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL BE
15 REQUIRED TO REGISTER [ALL CURRENT RESIDENCES OR INTENDED
16 RESIDENCES] WITH THE PENNSYLVANIA STATE POLICE UPON RELEASE
17 FROM INCARCERATION, UPON PAROLE FROM A STATE OR COUNTY
18 CORRECTIONAL INSTITUTION OR UPON THE COMMENCEMENT OF A
19 SENTENCE OF INTERMEDIATE PUNISHMENT OR PROBATION. FOR
20 PURPOSES OF REGISTRATION, OFFENDERS AND SEXUALLY VIOLENT
21 PREDATORS SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH
22 ALL CURRENT OR INTENDED RESIDENCES, ALL INFORMATION
23 CONCERNING CURRENT OR INTENDED EMPLOYMENT, AND ALL
24 INFORMATION CONCERNING CURRENT OR INTENDED ENROLLMENT AS A
25 STUDENT.
26 (2) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL
27 INFORM THE PENNSYLVANIA STATE POLICE WITHIN TEN DAYS OF [A
28 CHANGE OF RESIDENCE.]:
29 (I) ANY CHANGE OF RESIDENCE OR ESTABLISHMENT OF AN
30 ADDITIONAL RESIDENCE OR RESIDENCES.
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1 (II) ANY CHANGE OF EMPLOYER OR EMPLOYMENT LOCATION
2 FOR A PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN
3 AGGREGATE PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING
4 ANY CALENDAR YEAR, OR TERMINATION OF EMPLOYMENT.
5 (III) ANY CHANGE OF INSTITUTION OR LOCATION AT WHICH
6 THE PERSON IS ENROLLED AS A STUDENT, OR TERMINATION OF
7 ENROLLMENT.
8 (IV) BECOMING EMPLOYED OR ENROLLED AS A STUDENT IF
9 THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT INFORMATION
10 TO THE PENNSYLVANIA STATE POLICE.
11 (2.1) REGISTRATION WITH A NEW LAW ENFORCEMENT AGENCY
12 SHALL OCCUR NO LATER THAN TEN DAYS AFTER ESTABLISHING
13 RESIDENCE IN ANOTHER STATE.
14 (3) THE TEN-YEAR REGISTRATION PERIOD REQUIRED IN SECTION
15 9795.1(A) (RELATING TO REGISTRATION) SHALL BE TOLLED WHEN AN
16 OFFENDER IS RECOMMITTED FOR A PAROLE VIOLATION OR SENTENCED
17 TO AN ADDITIONAL TERM OF IMPRISONMENT. IN SUCH CASES, THE
18 DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL FACILITY
19 SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OF THE ADMISSION
20 OF THE OFFENDER.
21 (4) THIS PARAGRAPH SHALL APPLY TO ALL OFFENDERS AND
22 SEXUALLY VIOLENT PREDATORS:
23 (I) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR
24 WAS GRANTED PAROLE BY THE PENNSYLVANIA BOARD OF PROBATION
25 AND PAROLE OR THE COURT OR IS SENTENCED TO PROBATION OR
26 INTERMEDIATE PUNISHMENT, THE BOARD OR COUNTY OFFICE OF
27 PROBATION AND PAROLE SHALL COLLECT REGISTRATION
28 INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT
29 PREDATOR AND FORWARD THAT REGISTRATION INFORMATION TO THE
30 PENNSYLVANIA STATE POLICE. THE DEPARTMENT OF CORRECTIONS
20010H1392B4314 - 14 -
1 OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE
2 OFFENDER OR SEXUALLY VIOLENT PREDATOR UNTIL IT RECEIVES
3 VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT IT
4 HAS RECEIVED THE REGISTRATION INFORMATION. WHERE THE
5 OFFENDER OR SEXUALLY VIOLENT PREDATOR IS SCHEDULED TO BE
6 RELEASED FROM A STATE CORRECTIONAL FACILITY OR COUNTY
7 CORRECTIONAL FACILITY BECAUSE OF THE EXPIRATION OF THE
8 MAXIMUM TERM OF INCARCERATION, THE DEPARTMENT OF
9 CORRECTIONS OR COUNTY CORRECTIONAL FACILITY SHALL COLLECT
10 THE INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT
11 PREDATOR NO LATER THAN TEN DAYS PRIOR TO THE MAXIMUM
12 EXPIRATION DATE. THE REGISTRATION INFORMATION SHALL BE
13 FORWARDED TO THE PENNSYLVANIA STATE POLICE.
14 (II) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR
15 SCHEDULED TO BE RELEASED FROM A STATE CORRECTIONAL
16 FACILITY OR COUNTY CORRECTIONAL FACILITY DUE TO THE
17 MAXIMUM EXPIRATION DATE REFUSES TO PROVIDE THE
18 REGISTRATION INFORMATION, THE DEPARTMENT OF CORRECTIONS
19 OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE
20 PENNSYLVANIA STATE POLICE OR POLICE DEPARTMENT WITH
21 JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE
22 REGISTRATION INFORMATION AND OF THE EXPECTED DATE, TIME
23 AND LOCATION OF THE RELEASE OF THE OFFENDER OR SEXUALLY
24 VIOLENT PREDATOR.
25 * * *
26 (C) REGISTRATION INFORMATION TO LOCAL POLICE.--THE
27 PENNSYLVANIA STATE POLICE SHALL PROVIDE THE INFORMATION OBTAINED
28 UNDER THIS SECTION AND SECTIONS 9795.3 (RELATING TO SENTENCING
29 COURT INFORMATION) AND 9796 (RELATING TO VERIFICATION OF
30 RESIDENCE) TO THE CHIEF LAW ENFORCEMENT [OFFICER OF THE POLICE
20010H1392B4314 - 15 -
1 DEPARTMENT MUNICIPALITY] OFFICERS OF THE POLICE DEPARTMENTS OF
2 THE MUNICIPALITIES IN WHICH THE INDIVIDUAL WILL RESIDE, BE
3 EMPLOYED OR ENROLLED AS A STUDENT. IN ADDITION, THE PENNSYLVANIA
4 STATE POLICE SHALL PROVIDE THIS OFFICER WITH THE ADDRESS AT
5 WHICH THE INDIVIDUAL WILL RESIDE, BE EMPLOYED OR ENROLLED AS A
6 STUDENT FOLLOWING HIS RELEASE FROM INCARCERATION, PAROLE OR
7 PROBATION.
8 * * *
9 § 9795.3. SENTENCING COURT INFORMATION.
10 THE SENTENCING COURT SHALL INFORM OFFENDERS AND SEXUALLY
11 VIOLENT PREDATORS AT THE TIME OF SENTENCING OF THE PROVISIONS OF
12 THIS SUBCHAPTER. THE COURT SHALL:
13 (1) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT
14 PREDATOR OF THE DUTY TO REGISTER AND PROVIDE THE INFORMATION
15 REQUIRED FOR EACH REGISTRATION, INCLUDING VERIFICATION AS
16 REQUIRED IN SECTION 9796(A) (RELATING TO VERIFICATION OF
17 RESIDENCE).
18 (2) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT
19 PREDATOR OF THE DUTY TO INFORM THE PENNSYLVANIA STATE POLICE
20 WITHIN TEN DAYS IF THE OFFENDER OR SEXUALLY VIOLENT PREDATOR
21 CHANGES RESIDENCE[.] OR ESTABLISHES AN ADDITIONAL RESIDENCE
22 OR RESIDENCES, CHANGES EMPLOYER OR EMPLOYMENT LOCATION FOR A
23 PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN AGGREGATE
24 PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING ANY CALENDAR
25 YEAR OR TERMINATES EMPLOYMENT, OR CHANGES INSTITUTION OR
26 LOCATION AT WHICH THE PERSON IS ENROLLED AS A STUDENT OR
27 TERMINATES ENROLLMENT.
28 (2.1) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY
29 VIOLENT PREDATOR OF THE DUTY TO INFORM THE PENNSYLVANIA STATE
30 POLICE WITHIN TEN DAYS OF BECOMING EMPLOYED OR ENROLLED AS A
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1 STUDENT IF THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT
2 INFORMATION TO THE PENNSYLVANIA STATE POLICE.
3 (3) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT
4 PREDATOR OF THE DUTY TO REGISTER WITH A NEW LAW ENFORCEMENT
5 AGENCY IF THE OFFENDER OR SEXUALLY VIOLENT PREDATOR MOVES TO
6 ANOTHER STATE NO LATER THAN TEN DAYS AFTER ESTABLISHING
7 RESIDENCE IN ANOTHER STATE.
8 (4) ORDER THE FINGERPRINTS AND PHOTOGRAPH OF THE
9 OFFENDER OR SEXUALLY VIOLENT PREDATOR TO BE PROVIDED TO THE
10 PENNSYLVANIA STATE POLICE UPON SENTENCING.
11 (5) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT
12 PREDATOR OF THE DUTY TO REGISTER WITH THE APPROPRIATE
13 AUTHORITIES IN ANY STATE IN WHICH THE OFFENDER OR SEXUALLY
14 VIOLENT PREDATOR IS EMPLOYED, CARRIES ON A VOCATION OR IS A
15 STUDENT IF THE STATE REQUIRES SUCH REGISTRATION.
16 (6) REQUIRE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR TO
17 READ AND SIGN A FORM STATING THAT THE DUTY TO REGISTER UNDER
18 THIS SUBCHAPTER HAS BEEN EXPLAINED. WHERE THE OFFENDER OR
19 SEXUALLY VIOLENT PREDATOR IS INCAPABLE OF READING, THE COURT
20 SHALL CERTIFY THE DUTY TO REGISTER WAS EXPLAINED TO THE
21 OFFENDER OR SEXUALLY VIOLENT PREDATOR AND THE OFFENDER OR
22 SEXUALLY VIOLENT PREDATOR INDICATED AN UNDERSTANDING OF THE
23 DUTY.
24 § 9799.1. DUTIES OF PENNSYLVANIA STATE POLICE.
25 THE PENNSYLVANIA STATE POLICE SHALL:
26 * * *
27 (4) NOTIFY, WITHIN 72 HOURS OF RECEIVING THE OFFENDER'S
28 OR THE SEXUALLY VIOLENT PREDATOR'S REGISTRATION, THE CHIEF
29 LAW ENFORCEMENT [OFFICER OF THE POLICE DEPARTMENT HAVING
30 PRIMARY JURISDICTION OF THE MUNICIPALITY] OFFICERS OF THE
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1 POLICE DEPARTMENTS HAVING PRIMARY JURISDICTION OF THE
2 MUNICIPALITIES IN WHICH AN OFFENDER OR SEXUALLY VIOLENT
3 PREDATOR RESIDES, IS EMPLOYED OR ENROLLED AS A STUDENT OF THE
4 FACT THAT THE OFFENDER OR SEXUALLY VIOLENT PREDATOR HAS BEEN
5 REGISTERED WITH THE PENNSYLVANIA STATE POLICE PURSUANT TO
6 SECTIONS 9795.2 (RELATING TO REGISTRATION PROCEDURES AND
7 APPLICABILITY) AND 9796 (RELATING TO VERIFICATION OF
8 RESIDENCE).
9 * * *
10 Section 2. This act shall take effect in 60 days.
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