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                                                       PRINTER'S NO. 866

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 771 Session of 2007


        INTRODUCED BY ORIE, RAFFERTY, PICCOLA, REGOLA, PILEGGI, LOGAN,
           FOLMER, STACK, KITCHEN, PIPPY, BROWNE, SCARNATI AND RHOADES,
           APRIL 20, 2007

        REFERRED TO JUDICIARY, APRIL 20, 2007

                                     AN ACT

     1  Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
     2     Judicial Procedure) of the Pennsylvania Consolidated
     3     Statutes, further providing for sentencing for rape and for
     4     involuntary deviate sexual intercourse; providing for the
     5     offense of loitering and prowling by sexual offenders; and
     6     further providing for the use of global positioning system
     7     technology.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Sections 3121(e) and 3123(d) of Title 18 of the
    11  Pennsylvania Consolidated Statutes are amended and the sections
    12  are amended by adding subsections to read:
    13  § 3121.  Rape.
    14     * * *
    15     (e)  Sentences.--Notwithstanding the provisions of section
    16  1103 (relating to sentence of imprisonment for felony), except
    17  as set forth in subsection (f), a person convicted of an offense
    18  under:
    19         (1)  Subsection (c) shall be sentenced to a term of
    20     imprisonment which shall be fixed by the court at not less

     1     than 25 years nor more than [40] 50 years.
     2         (2)  Subsection (d) shall be sentenced [up] to a minimum
     3     term of 50 years and a maximum term of life imprisonment.
     4     (f)  Multiple victims.--A consecutive term of imprisonment
     5  shall be imposed for each victim of an offense under subsection
     6  (c) or (d).
     7  § 3123.  Involuntary deviate sexual intercourse.
     8     * * *
     9     (d)  Sentences.--Notwithstanding the provisions of section
    10  1103 (relating to sentence of imprisonment for felony), a person
    11  convicted of an offense under:
    12         (1)  Subsection (b) shall be sentenced to a term of
    13     imprisonment which shall be fixed by the court at not less
    14     than 25 years nor more than [40] 50 years.
    15         (2)  Subsection (c) shall be sentenced [up] to a minimum
    16     term of 50 years and to a maximum term of life imprisonment.
    17     (d.1)  Multiple victims.--A consecutive term of imprisonment
    18  shall be imposed for each victim of an offense under subsection
    19  (b) or (c).
    20     * * *
    21     Section 2.  Title 18 is amended by adding a section to read:
    22  § 5506.1.  Loitering and prowling by sexual offenders.
    23     A person subject to registration under 42 Pa.C.S. § 9795.1
    24  (relating to registration) and who intentionally loiters or
    25  maliciously prowls within 1,000 feet of a school, playground,
    26  school bus stop or day-care center when children are present
    27  commits a misdemeanor of the third degree.
    28     Section 3.  Section 9798.3 of Title 42, added November 29,
    29  2006 (P.L.1567, No.178), is amended to read:
    30  § 9798.3.  Global positioning system technology.
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     1     (a)  General rule.--The Pennsylvania Board of Probation and
     2  Parole and county probation authorities may impose supervision
     3  conditions that include offender tracking through global
     4  positioning system technology (GPS).
     5     (b)  Construction.--Nothing in this title shall be construed
     6  to prohibit law enforcement and State and county probation and
     7  parole officials from working with local governments to use GPS
     8  technology to create child protective zones and predator alert
     9  systems which would be activated when an offender illegally
    10  removes a GPS monitoring device or enters a zone established
    11  around schools, day-care centers, playgrounds and bus stops.
    12     Section 4.  This act shall take effect in 60 days.












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