PRINTER'S NO. 3010
No. 2171 Session of 2005
INTRODUCED BY DALLY, BAKER, BALDWIN, BELFANTI, BEYER, BOYD,
CAPPELLI, CAUSER, J. EVANS, GEIST, GILLESPIE, GINGRICH,
GODSHALL, GOODMAN, GRUCELA, HARRIS, HERMAN, HESS, KAUFFMAN,
KOTIK, MANN, MARKOSEK, MARSICO, McILHATTAN, METCALFE, MUSTIO,
PAYNE, PETRI, PHILLIPS, PICKETT, READSHAW, REED, REICHLEY,
SCAVELLO, SCHRODER, SHANER, SONNEY, STABACK, R. STEVENSON,
TANGRETTI, E. Z. TAYLOR, TIGUE, TRUE, TURZAI AND YOUNGBLOOD,
NOVEMBER 1, 2005
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 1, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for conduct relating to sex offenders;
4 imposing a penalty; and providing for sentences for sex
5 offenders.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3130. Conduct relating to sex offenders.
11 (a) Offense defined.--A person commits a felony of the third
12 degree if the person has reason to believe that a sex offender
13 is not complying with or has not complied with the requirements
14 of the sex offender's probation or parole, imposed by statute or
15 court order, or with the registration requirements of 42 Pa.C.S.
16 § 9795.2 (relating to registration procedures and
1 applicability), and the person, with the intent to assist the
2 sex offender in eluding a law enforcement agent or agency that
3 is seeking to find the sex offender to question the sex offender
4 about, or to arrest the sex offender for, noncompliance with the
5 requirements of sex offender's probation or parole or the
6 requirements of 42 Pa.C.S. § 9795.2:
7 (1) withholds information from or does not notify the
8 law enforcement agent or agency about the sex offender's
9 noncompliance with the requirements of parole, the
10 requirements of 42 Pa.C.S. § 9795.2 or, if known, the sex
11 offender's whereabouts;
12 (2) harbors or attempts to harbor or assist another
13 person in harboring or attempting to harbor the sex offender;
14 (3) conceals or attempts to conceal, or assists another
15 person in concealing or attempting to conceal, the sex
16 offender; or
17 (4) provides information to the law enforcement agent or
18 agency regarding the sex offender which the person knows to
19 be false.
20 (b) Definition.--As used in this section, the term "sex
21 offender" means a person who is required to register with the
22 Pennsylvania State Police pursuant to the provisions of 42
23 Pa.C.S. § 9795.1 (relating to registration).
24 Section 2. Title 42 is amended by adding a section to read:
25 § 9718.2. Sentences for sex offenders.
26 (a) Mandatory sentence.--
27 (1) Any person who is convicted in any court of this
28 Commonwealth of an offense set forth in section 9795.1(a) or
29 (b) (relating to registration) shall, if at the time of the
30 commission of the current offense the person had previously
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1 been convicted of an offense set forth in section 9795.1(a)
2 or (b) or an equivalent crime under the laws of this
3 Commonwealth in effect at the time of the commission of that
4 offense or an equivalent crime in another jurisdiction, be
5 sentenced to a minimum sentence of at least 25 years of total
6 confinement, notwithstanding any other provision of this
7 title or other statute to the contrary. Upon such conviction
8 the court shall give the person oral and written notice of
9 the penalties under paragraph (2) for a third conviction.
10 Failure to provide such notice shall not render the offender
11 ineligible to be sentenced under paragraph (2).
12 (2) Where the person had at the time of the commission
13 of the current offense previously been convicted of two or
14 more offenses arising from separate criminal transactions set
15 forth in section 9795.1(a) or (b) or equivalent crimes under
16 the laws of this Commonwealth in effect at the time of the
17 commission of the offense or equivalent crimes in another
18 jurisdiction, the person shall be sentenced to a term of life
19 imprisonment, notwithstanding any other provision of this
20 title or other statute to the contrary. Proof that the
21 offender received notice of or otherwise knew or should have
22 known of the penalties under this paragraph shall not be
23 required.
24 (b) Mandatory maximum.--An offender sentenced to a mandatory
25 minimum sentence under this section shall be sentenced to a
26 maximum sentence equal to twice the mandatory minimum sentence,
27 notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
28 imprisonment for felony) or any other provision of this title or
29 other statute to the contrary.
30 (c) Proof of sentencing.--The provision of this section
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1 shall not be an element of the crime and notice thereof to the
2 defendant shall not be required prior to conviction, but
3 reasonable notice of the Commonwealth's intention to proceed
4 under this section shall be provided after conviction and before
5 sentencing. The applicability of this section shall be
6 determined at sentencing. The sentencing court, prior to
7 imposing sentence on an offender under subsection (a), shall
8 have a complete record of the previous convictions of the
9 offender, copies of which shall be furnished to the offender. If
10 the offender or the attorney for the Commonwealth contests the
11 accuracy of the record, the court shall schedule a hearing and
12 direct the offender and the attorney for the Commonwealth to
13 submit evidence regarding the previous convictions of the
14 offender. The court shall then determine, by a preponderance of
15 the evidence, the previous convictions of the offender and, if
16 this section is applicable, shall impose sentence in accordance
17 with this section. Should a previous conviction be vacated and
18 an acquittal or final discharge entered subsequent to imposition
19 of sentence under this section, the offender shall have the
20 right to petition the sentencing court for reconsideration of
21 sentence if this section would not have been applicable except
22 for the conviction which was vacated.
23 (d) Authority of court in sentencing.--There shall be no
24 authority in any court to impose on an offender to which this
25 section is applicable any lesser sentence than provided for in
26 subsections (a) and (b) or to place the offender on probation or
27 to suspend sentence. Nothing in this section shall prevent the
28 sentencing court from imposing a sentence greater than that
29 provided in this section. Sentencing guidelines promulgated by
30 the Pennsylvania Commission on Sentencing shall not supersede
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1 the mandatory sentences provided in this section.
2 (e) Appeal by Commonwealth.--If a sentencing court shall
3 refuse to apply this section where applicable, the Commonwealth
4 shall have the right to appellate review of the action of the
5 sentencing court. The appellate court shall vacate the sentence
6 and remand the case to the sentencing court for the imposition
7 of a sentence in accordance with this section if it finds that
8 the sentence was imposed in violation of this section.
9 Section 3. This act shall take effect in 60 days.
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