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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BOSCOLA, BROWNE, WONDERLING, FONTANA, WOZNIAK AND LOGAN, APRIL 3, 2009 |
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| REFERRED TO JUDICIARY, APRIL 3, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, providing for |
3 | registration of domestic violence predators; establishing the |
4 | Domestic Violence Predator Assessment Board; and imposing |
5 | powers and duties on the Pennsylvania State Police and on the |
6 | Pennsylvania Board of Probation and Parole. |
7 | It is the intention of the General Assembly that this act be |
8 | known as Robin's Law. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Title 42 of the Pennsylvania Consolidated |
12 | Statutes is amended by adding a chapter to read: |
13 | CHAPTER 96 |
14 | REGISTRATION OF DOMESTIC VIOLENCE PREDATORS |
15 | Sec. |
16 | 9601. Scope of chapter. |
17 | 9602. Definitions. |
18 | 9603. Registration of certain offenders for ten years. |
19 | 9604. Designation of domestic violence predators. |
20 | 9605. Other registration requirements. |
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1 | 9606. Verification of residence. |
2 | 9607. Victim notification. |
3 | 9608. Immunity for good faith conduct. |
4 | 9609. Duties of Pennsylvania State Police. |
5 | 9610. Duties of Pennsylvania Board of Probation and Parole. |
6 | 9611. Board. |
7 | 9612. Domestic violence predators. |
8 | 9613. Exemption from notification. |
9 | § 9601. Scope of chapter. |
10 | This chapter relates to registration of domestic violence |
11 | criminal offenders. |
12 | § 9602. Definitions. |
13 | The following words and phrases when used in this chapter |
14 | shall have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | "Board." The Domestic Violence Predator Assessment Board |
17 | established in section 9611 (relating to board). |
18 | "Conviction." An adjudication of guilt by a court of |
19 | competent jurisdiction whether upon a verdict or plea of guilty |
20 | or plea of nolo contendere, notwithstanding a pending appeal or |
21 | habeas corpus proceeding arising from the adjudication. |
22 | "Domestic violence offense." An offense, under the laws of |
23 | this Commonwealth or any other jurisdiction: |
24 | (1) an element of which is the use or attempted use of |
25 | physical force; |
26 | (2) which is punishable by a term of imprisonment |
27 | exceeding two years; and |
28 | (3) which was committed by: |
29 | (i) the current or former spouse, parent or guardian |
30 | of the victim; |
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1 | (ii) an individual with whom the victim shares a |
2 | child in common; |
3 | (iii) an individual who cohabits with or has |
4 | cohabited with the victim as a spouse, parent or |
5 | guardian; or |
6 | (iv) an individual similarly situated to a spouse, |
7 | parent or guardian of the victim. |
8 | The relationship specified in this paragraph need not be an |
9 | element of the offense to meet the requirements of this |
10 | definition. |
11 | The term includes an attempt, a solicitation or a conspiracy to |
12 | commit the offense. |
13 | "Domestic violence predator." An individual who: |
14 | (1) has been convicted of a domestic violence offense; |
15 | and |
16 | (2) is determined to be a domestic violence predator |
17 | under section 9604 (relating to designation of domestic |
18 | violence predators) due to a mental abnormality or |
19 | personality disorder which makes the individual likely to |
20 | engage in predatory domestic violence offenses. |
21 | "Mental abnormality." A congenital or acquired condition of |
22 | an individual which affects the emotional or volitional capacity |
23 | of the individual in a manner as to predispose the individual to |
24 | commit violent criminal offenses to a degree which makes the |
25 | individual a menace to the health and safety of other persons. |
26 | "Municipality." A city, borough, incorporated town or |
27 | township. |
28 | "Personality disorder." A personality disorder as defined in |
29 | the fourth edition of the Diagnostic and Statistical Manual of |
30 | Mental Disorders adopted by the American Psychiatric |
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1 | Association. |
2 | "Predatory." Directed at an individual with whom a |
3 | relationship has been established or promoted for the primary |
4 | purpose of victimization. |
5 | § 9603. Registration of certain offenders for ten years. |
6 | (a) Requirement.--Except as set forth in subsection (b): |
7 | (1) An individual convicted of a domestic violence |
8 | offense shall register a current address with the |
9 | Pennsylvania State Police upon: |
10 | (i) release from incarceration; |
11 | (ii) parole from a State or county correctional |
12 | facility; or |
13 | (iii) commencement of a sentence of intermediate |
14 | punishment or probation. |
15 | (2) The period of registration shall be ten years. |
16 | (b) Exceptions.-- |
17 | (1) Subsection (a) does not apply to an individual |
18 | incarcerated in a maximum or medium correctional facility of |
19 | the Department of Corrections, a private correctional |
20 | facility or a correctional facility of another jurisdiction. |
21 | This exception ends upon release. |
22 | (2) Subsection (a) does not apply to an individual |
23 | required to register under Subchapter H of Chapter 97 |
24 | (relating to registration of sexual offenders). |
25 | (c) Registration information.--The Pennsylvania State Police |
26 | shall provide the information obtained under sections 9605 |
27 | (relating to other registration requirements) and 9606 (relating |
28 | to verification of residence) and this section and the address |
29 | at which the offender will reside after release from |
30 | incarceration, parole or probation to the chief law enforcement |
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1 | officer of the police department of the municipality in which |
2 | the offender will reside. |
3 | § 9604. Designation of domestic violence predators. |
4 | (a) Order for assessment.--Before sentencing, the court |
5 | shall order a person convicted of a domestic violence offense to |
6 | be assessed by the board. |
7 | (b) Presumption.--There shall be a presumption that an |
8 | offender convicted of a domestic violence offense shall be |
9 | presumed by the board to be a domestic violence predator. The |
10 | presumption may be rebutted by clear and convincing evidence at |
11 | a hearing held under subsection (e). |
12 | (c) Assessment.--The board shall conduct an assessment of |
13 | the offender to determine if the offender is a domestic violence |
14 | predator. Such an assessment shall include, but not be limited |
15 | to, the following: |
16 | (1) Age of the offender. |
17 | (2) Offender's prior criminal record and domestic |
18 | violence offenses as well as any other offenses. |
19 | (3) Age of the victim. |
20 | (4) Whether the domestic violence offense involved |
21 | multiple victims. |
22 | (5) Use of illegal drugs by the offender. |
23 | (6) Whether the offender completed any prior sentence |
24 | and participated in a program for violent offenders. |
25 | (7) Mental illness or mental disability of the offender. |
26 | (8) The nature of the violent contact with the victim |
27 | and whether the contact was part of a demonstrated pattern of |
28 | abuse. |
29 | (9) Whether the domestic violence offense included a |
30 | display of unusual cruelty by the offender during commission |
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1 | of the crime. |
2 | (10) Behavioral characteristics that contribute to the |
3 | offender's conduct. |
4 | (d) Submission of report by board.--The board shall submit a |
5 | written report containing its assessment to the court no later |
6 | than 30 days after the assessment was ordered. |
7 | (e) Court review of findings.--Upon receipt of the board's |
8 | report, the court shall determine if the offender is a domestic |
9 | violence predator. The determination shall be based on evidence |
10 | presented at a hearing held prior to sentencing and before the |
11 | trial judge. The offender and district attorney shall be given |
12 | notice of the hearing and an opportunity to be heard, the right |
13 | to call witnesses, including expert witnesses, and the right to |
14 | conduct cross-examination. The offender shall have the right to |
15 | counsel and to have an attorney appointed to represent him if he |
16 | cannot afford one. |
17 | (f) Subsequent review.--No sooner than one year prior to |
18 | release from a State or county correctional facility and in |
19 | five-year intervals thereafter, an offender designated a |
20 | domestic violence predator may petition a court having original |
21 | jurisdiction in the matter for reconsideration. The court may |
22 | request a new report by the board and enter an order terminating |
23 | the designation, in which case the court shall notify the |
24 | Pennsylvania State Police. |
25 | § 9605. Other registration requirements. |
26 | (a) Registration of domestic violence predators.--A domestic |
27 | violence predator shall be required to register all current |
28 | addresses with the Pennsylvania State Police upon release from |
29 | incarceration, upon parole from a State or county correctional |
30 | facility or upon commencing a sentence of intermediate |
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1 | punishment. Registration shall continue unless a court |
2 | terminates designation under section 9604(f) (relating to |
3 | designation of domestic violence predators). |
4 | (b) Court information for all offenders.--At the time of |
5 | sentencing, the court shall inform offenders designated in |
6 | section 9603 (relating to registration of certain offenders for |
7 | ten years) and domestic violence predators designated in |
8 | subsection (a) of the provisions of this chapter. The court |
9 | shall: |
10 | (1) Specifically inform the offender of the duty to |
11 | register and obtain the information required for each |
12 | registration. |
13 | (2) Specifically inform the offender of the duty to |
14 | inform the Pennsylvania State Police within ten days if the |
15 | offender changes residence. |
16 | (3) Specifically inform the offender of the duty to |
17 | register with a new law enforcement agency if the offender |
18 | moves to another state no later than ten days after |
19 | establishing residence in another state. |
20 | (4) Order the fingerprints and photograph of the person |
21 | to be provided to the Pennsylvania State Police upon |
22 | sentencing. |
23 | (5) Require the offender to read and sign a form stating |
24 | that the duty to register under this chapter has been |
25 | explained. If the offender is unable to read, the court shall |
26 | certify that the duty to register was explained to the |
27 | offender and the offender indicated an understanding of the |
28 | duty. |
29 | (c) Correctional facilities and parole authorities.--When an |
30 | offender is about to be released from incarceration or paroled |
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1 | from a State or county correctional facility, the prison |
2 | official of the State or county correctional facility, no later |
3 | than ten days prior to the release or parole of the offender, |
4 | shall again provide the offender with notice of the duty to |
5 | register with the Pennsylvania State Police under this chapter. |
6 | (d) Penalty.--An offender who fails to register as required |
7 | in this section commits a felony of the third degree. |
8 | § 9606. Verification of residence. |
9 | (a) Quarterly verification.--The Pennsylvania State Police |
10 | shall verify the residence of domestic violence predators every |
11 | 90 days through use of a nonforwardable verification form to the |
12 | last reported address. The form shall be returned by the |
13 | offender within ten days. |
14 | (b) Annual verification.--The Pennsylvania State Police |
15 | shall verify the residence of offenders designated in section |
16 | 9603 (relating to registration of certain offenders for ten |
17 | years), annually through the use of a residence verification |
18 | form. The form shall be returned by the offender within ten |
19 | days. |
20 | (c) Notification of address change.--A change of address of |
21 | an offender required to register under this chapter reported to |
22 | the Pennsylvania State Police shall be immediately reported by |
23 | the Pennsylvania State Police to the appropriate law enforcement |
24 | agency having jurisdiction over the offender's new place of |
25 | residence. The Pennsylvania State Police shall, if the offender |
26 | changes residence to another state, notify the law enforcement |
27 | agency having jurisdiction of the offender's new place of |
28 | residence. |
29 | (d) Failure to provide verification.--If an offender fails |
30 | to provide verification of residence within the required ten-day |
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1 | period, the Pennsylvania State Police shall immediately notify |
2 | the local municipal police department of the offender's last |
3 | verified residence. The local municipal police shall locate the |
4 | offender and place the offender under arrest. The Pennsylvania |
5 | State Police shall assume responsibility for locating the |
6 | offender and making the arrest in jurisdictions where there is |
7 | no local municipal police force. The Pennsylvania State Police |
8 | shall assist any local municipal police department requesting |
9 | assistance with locating and arresting an offender who fails to |
10 | verify his residence. |
11 | (e) Penalty.--An offender who fails to verify his residence |
12 | as required in this section commits a felony of the third |
13 | degree. |
14 | § 9607. Victim notification. |
15 | (a) Duty to inform victim.-- |
16 | (1) If an offender is determined to be a domestic |
17 | violence predator by a court order under section 9604(e) |
18 | (relating to designation of domestic violence predators), the |
19 | local municipal police department or, if there is no local |
20 | municipal police department, the Pennsylvania State Police |
21 | shall give written notice to the victim of the offender |
22 | within 72 hours after the offender registers initially or |
23 | notifies the Pennsylvania State Police of an address change. |
24 | The notice shall contain the offender's name and the address |
25 | or addresses where the offender resides. |
26 | (2) A victim may waive the right to be informed under |
27 | paragraph (1) by providing the local municipal police |
28 | department or, if there is no local municipal police |
29 | department, the Pennsylvania State Police with a written |
30 | request. |
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1 | (b) Public information.--Information provided under |
2 | subsection (a) shall be available to the general public upon |
3 | request. |
4 | (c) Offenders not designated as domestic violence |
5 | predators.--If an offender is not determined to be a domestic |
6 | violence predator, the victim shall be notified under the act of |
7 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
8 | Act. |
9 | § 9608. Immunity for good faith conduct. |
10 | The following entities shall not be held liable for damages |
11 | arising from a good faith discretionary release or dissemination |
12 | of or good faith failure to release or disseminate information |
13 | under this section: |
14 | (1) The Pennsylvania State Police and local law |
15 | enforcement agencies and their agents and employees. |
16 | (2) District attorneys and their agents and employees. |
17 | (3) Directors and employees of county children and youth |
18 | agencies. |
19 | (4) The Pennsylvania Board of Probation and Parole and |
20 | its agents and employees. |
21 | § 9609. Duties of Pennsylvania State Police. |
22 | (a) General rule.--The Pennsylvania State Police shall: |
23 | (1) Create and maintain a State registry of offenders |
24 | pursuant to section 9603 (relating to registration of certain |
25 | offenders for ten years) which will be available on the |
26 | Internet. |
27 | (2) In consultation with the Attorney General and the |
28 | Pennsylvania Board of Probation and Parole, promulgate |
29 | guidelines necessary for administration of this chapter. |
30 | (3) Within 72 hours of receiving a registration, notify |
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1 | the chief law enforcement officer of the police department |
2 | having primary jurisdiction of the municipality in which an |
3 | offender resides that the offender is registered with the |
4 | Pennsylvania State Police under this chapter. |
5 | (4) Immediately forward to the Federal Bureau of |
6 | Investigation information received from the Pennsylvania |
7 | Board of Probation and Parole under this chapter and the |
8 | fingerprints of the domestic violence predator. |
9 | (b) Publication.--Regulations under this chapter shall be |
10 | published in the Pennsylvania Bulletin no later than one year |
11 | after the effective date of this section. |
12 | § 9610. Duties of Pennsylvania Board of Probation and Parole. |
13 | The Pennsylvania Board of Probation and Parole shall: |
14 | (1) Formulate a process to be followed by State and |
15 | county prison and probation and parole personnel when |
16 | informing offenders of their duties and responsibilities |
17 | under this chapter. |
18 | (2) Obtain the following information concerning each |
19 | offender to whom this chapter applies: |
20 | (i) Name, including any aliases. |
21 | (ii) Identifying factors. |
22 | (iii) Anticipated future residence. |
23 | (iv) Offense history. |
24 | (v) Documentation of treatment received for mental |
25 | abnormalities and personality disorders. |
26 | (3) Transmit the information in paragraph (2) to the |
27 | Pennsylvania State Police without delay for immediate entry |
28 | into the State registry of domestic violence offenders and |
29 | the criminal history record of the offender as provided in 18 |
30 | Pa.C.S. Ch. 91 (relating to criminal history record |
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1 | information). |
2 | § 9611. Board. |
3 | (a) Establishment.--The Domestic Violence Predator |
4 | Assessment Board is hereby established and shall be composed of |
5 | three persons, including a psychiatrist, a psychologist and a |
6 | criminal justice expert, each of whom shall have a minimum of |
7 | ten years of experience and specialized training in the behavior |
8 | and treatment of violent offenders. |
9 | (b) Appointment.--The Governor shall appoint the |
10 | psychiatrist and psychologist board members, and the Attorney |
11 | General shall appoint the criminal justice expert. All |
12 | appointments shall be made within 30 days of the effective date |
13 | of this section. |
14 | (c) Term of office.--Members of the board shall serve four- |
15 | year terms. |
16 | (d) Compensation.--Members of the board shall be compensated |
17 | at a rate of $125 per day and receive reimbursement for their |
18 | actual and necessary expenses while performing the business of |
19 | the board. The chairman shall receive $500 additional |
20 | compensation per year. |
21 | (e) Staff.--Support staff for the board shall be provided by |
22 | the Pennsylvania Board of Probation and Parole. |
23 | § 9612. Domestic violence predators. |
24 | (a) Lifetime parole; counseling.--Notwithstanding any other |
25 | provision of law, a person designated as a domestic violence |
26 | predator under this chapter shall remain on lifetime parole when |
27 | released from a State or county correctional facility unless the |
28 | court terminates the designation under section 9604(f) (relating |
29 | to designation of domestic violence predators). The offender |
30 | shall be required to attend at least monthly counseling sessions |
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1 | in a program approved by the board and be financially |
2 | responsible for all fees assessed from such counseling sessions. |
3 | If the offender can establish to the satisfaction of the court |
4 | inability to pay for counseling sessions, the offender shall |
5 | attend the sessions and the parole office shall pay the |
6 | requisite fees. |
7 | (b) Lifetime registration.-- |
8 | (1) Notwithstanding any other provision of law, an |
9 | offender designated as a domestic violence predator under |
10 | this chapter shall register for life if the offender: |
11 | (i) is convicted of a subsequent domestic violence |
12 | offense requiring registration; or |
13 | (ii) enters this Commonwealth after the effective |
14 | date of this chapter and has a conviction in another |
15 | jurisdiction that would have required registration if |
16 | committed in Pennsylvania. |
17 | (2) If a conviction is vacated and an acquittal or final |
18 | discharge is entered after it has been determined that this |
19 | section applies, the offender shall have the right to |
20 | petition the sentencing court for reconsideration if this |
21 | section would not have applied except for the conviction |
22 | which was vacated. |
23 | (c) 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 | subsection (b), to place such offender on probation or to |
27 | 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 sentence provided in this section. |
2 | (d) Appeal by Commonwealth.--If a sentencing court refuses |
3 | to apply this section when applicable, the Commonwealth shall |
4 | have a right to appellate review. The appellate court shall |
5 | vacate the sentence and remand the case to the sentencing court |
6 | for the imposition of a sentence in accordance with this section |
7 | if it finds that the sentence was imposed in violation of this |
8 | section. |
9 | § 9613. Exemption from notification. |
10 | Nothing in this chapter shall be construed to impose a duty |
11 | on a person licensed under the act of February 19, 1980 (P.L.15, |
12 | No.9), known as the Real Estate Licensing and Registration Act, |
13 | or an employee of the person, to disclose information regarding |
14 | an offender required to register under this chapter. |
15 | Section 2. This act shall take effect in six months. |
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