THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BAKER, BARRAR, BEAR, BEYER, BOYD, BRENNAN, BROOKS, CAUSER, CIVERA, CLYMER, CONKLIN, DENLINGER, DePASQUALE, EVERETT, FLECK, GEIST, GIBBONS, GOODMAN, GRELL, GROVE, GRUCELA, HARKINS, HARPER, HESS, HICKERNELL, KAUFFMAN, M. KELLER, KILLION, KOTIK, LONGIETTI, MAJOR, MANN, MARSICO, MELIO, METCALFE, MICOZZIE, MILLARD, MILLER, MOUL, MUSTIO, O'NEILL, PAYNE, PEIFER, PETRI, PICKETT, PYLE, RAPP, READSHAW, REICHLEY, ROCK, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, SONNEY, STABACK, STERN, STEVENSON, SWANGER, TRUE, TURZAI, VULAKOVICH AND WATSON, FEBRUARY 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sexual offender registration procedures.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9795.2(a)(4)(i) and (b)(4)(i) of Title 42

of the Pennsylvania Consolidated Statutes, are amended to read:

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

* * *

(4)  This paragraph shall apply to all offenders and

sexually violent predators:

(i)  Where the offender or sexually violent predator

was granted parole by the Pennsylvania Board of Probation

and Parole or the court or is sentenced to probation or

intermediate punishment, the board or county office of

probation and parole shall collect registration

information from the offender or sexually violent

predator and forward that registration information to the

Pennsylvania State Police. The Department of Corrections

or county correctional facility shall not release the

offender or sexually violent predator until it receives

verification from the Pennsylvania State Police that it

has received the registration information[.] and has

posted the registration information on the Internet as

required under section 9798.1 (relating to information

made available on the Internet). Verification by the

Pennsylvania State Police may occur by electronic means,

including e-mail or facsimile transmission. Where the

offender or sexually violent predator is scheduled to be

released from a State correctional facility or county

correctional facility because of the expiration of the

maximum term of incarceration, the Department of

Corrections or county correctional facility shall collect

the information from the offender or sexually violent

predator no later than ten days prior to the maximum

expiration date. The registration information shall be

forwarded to the Pennsylvania State Police and shall be

posted on the Internet as required under section 9798.1

prior to the maximum expiration date.

* * *

(b)  Individuals convicted or sentenced by a court or

adjudicated delinquent in jurisdictions outside this

Commonwealth or sentenced by court martial.--

(4)  An individual who resides, is employed or is a

student in this Commonwealth and who has been convicted of or

sentenced by a court or court martialed for a sexually

violent offense or a similar offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation, or who was required to

register under a sexual offender statute in the jurisdiction

where convicted, sentenced or court martialed, shall register

at an approved registration site within 48 hours of the

individual's arrival in this Commonwealth. The provisions of

this subchapter shall apply to the individual as follows:

(i)  If the individual has been classified as a

sexually violent predator as defined in section 9792

(relating to definitions) or determined under the laws of

the other jurisdiction or by reason of court martial to

be subject to active notification and lifetime

registration on the basis of a statutorily authorized

administrative or judicial decision or on the basis of a

statute or administrative rule requiring active

notification and lifetime registration based solely on

the offense for which the individual was convicted,

sentenced or court martialed, the individual shall,

notwithstanding section 9792, be considered a sexually

violent predator and subject to lifetime registration

pursuant to section 9795.1(b) [(relating to

registration)]. The individual shall also be subject to

the provisions of this section and sections 9796

(relating to verification of residence), 9798 (relating

to other notification) and 9798.1(c)(1) [(relating to

information made available on the Internet)], except that

the individual shall not be required to receive

counseling unless required to do so by the other

jurisdiction or by reason of court martial.

* * *

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