PRINTER'S NO.  851

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

756

Session of

2009

  

  

INTRODUCED BY BOSCOLA, BROWNE, WONDERLING, FONTANA, WOZNIAK AND LOGAN, APRIL 3, 2009

  

  

REFERRED TO JUDICIARY, APRIL 3, 2009  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, providing for

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registration of domestic violence predators; establishing the

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Domestic Violence Predator Assessment Board; and imposing

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powers and duties on the Pennsylvania State Police and on the

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Pennsylvania Board of Probation and Parole.

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It is the intention of the General Assembly that this act be

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known as Robin's Law.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a chapter to read:

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CHAPTER 96

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REGISTRATION OF DOMESTIC VIOLENCE PREDATORS

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Sec.

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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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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.

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9613.  Exemption from notification.

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§ 9601.  Scope of chapter.

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This chapter relates to registration of domestic violence

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criminal offenders.

12

§ 9602.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Board."  The Domestic Violence Predator Assessment Board

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established in section 9611 (relating to board).

18

"Conviction."  An adjudication of guilt by a court of

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competent jurisdiction whether upon a verdict or plea of guilty

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or plea of nolo contendere, notwithstanding a pending appeal or

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habeas corpus proceeding arising from the adjudication.

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"Domestic violence offense."  An offense, under the laws of

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this Commonwealth or any other jurisdiction:

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(1)  an element of which is the use or attempted use of

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physical force;

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(2)  which is punishable by a term of imprisonment

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exceeding two years; and

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(3)  which was committed by:

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(i)  the current or former spouse, parent or guardian

30

of the victim;

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(ii)  an individual with whom the victim shares a

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child in common;

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(iii)  an individual who cohabits with or has

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cohabited with the victim as a spouse, parent or

5

guardian; or

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(iv)  an individual similarly situated to a spouse,

7

parent or guardian of the victim.

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The relationship specified in this paragraph need not be an

9

element of the offense to meet the requirements of this

10

definition.

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The term includes an attempt, a solicitation or a conspiracy to

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commit the offense.

13

"Domestic violence predator."  An individual who:

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(1)  has been convicted of a domestic violence offense;

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and

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(2)  is determined to be a domestic violence predator

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under section 9604 (relating to designation of domestic

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violence predators) due to a mental abnormality or

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personality disorder which makes the individual likely to

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engage in predatory domestic violence offenses.

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"Mental abnormality."  A congenital or acquired condition of

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an individual which affects the emotional or volitional capacity

23

of the individual in a manner as to predispose the individual to

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commit violent criminal offenses to a degree which makes the

25

individual a menace to the health and safety of other persons.

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"Municipality."  A city, borough, incorporated town or

27

township.

28

"Personality disorder."  A personality disorder as defined in

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the fourth edition of the Diagnostic and Statistical Manual of

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Mental Disorders adopted by the American Psychiatric

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Association.

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"Predatory."  Directed at an individual with whom a

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relationship has been established or promoted for the primary

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purpose of victimization.

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§ 9603.  Registration of certain offenders for ten years.

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(a)  Requirement.--Except as set forth in subsection (b):

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(1)  An individual convicted of a domestic violence

8

offense shall register a current address with the

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Pennsylvania State Police upon:

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(i)  release from incarceration;

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(ii)  parole from a State or county correctional

12

facility; or

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(iii)  commencement of a sentence of intermediate

14

punishment or probation.

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(2)  The period of registration shall be ten years.

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(b)  Exceptions.--

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(1)  Subsection (a) does not apply to an individual

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incarcerated in a maximum or medium correctional facility of

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the Department of Corrections, a private correctional

20

facility or a correctional facility of another jurisdiction.

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This exception ends upon release.

22

(2)  Subsection (a) does not apply to an individual

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required to register under Subchapter H of Chapter 97

24

(relating to registration of sexual offenders).

25

(c)  Registration information.--The Pennsylvania State Police

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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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officer of the police department of the municipality in which

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the offender will reside.

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§ 9604.  Designation of domestic violence predators.

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(a)  Order for assessment.--Before sentencing, the court

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shall order a person convicted of a domestic violence offense to

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be assessed by the board.

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(b)  Presumption.--There shall be a presumption that an

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offender convicted of a domestic violence offense shall be

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presumed by the board to be a domestic violence predator. The

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presumption may be rebutted by clear and convincing evidence at

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a hearing held under subsection (e).

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(c)  Assessment.--The board shall conduct an assessment of

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the offender to determine if the offender is a domestic violence

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predator. Such an assessment shall include, but not be limited

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to, the following:

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(1)  Age of the offender.

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(2)  Offender's prior criminal record and domestic

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violence offenses as well as any other offenses.

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(3)  Age of the victim.

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(4)  Whether the domestic violence offense involved

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multiple victims.

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(5)  Use of illegal drugs by the offender.

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(6)  Whether the offender completed any prior sentence

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and participated in a program for violent offenders.

25

(7)  Mental illness or mental disability of the offender.

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(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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of the crime.

2

(10)  Behavioral characteristics that contribute to the

3

offender's conduct.

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(d)  Submission of report by board.--The board shall submit a

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written report containing its assessment to the court no later

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than 30 days after the assessment was ordered.

7

(e)  Court review of findings.--Upon receipt of the board's

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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

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counsel and to have an attorney appointed to represent him if he

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cannot afford one.

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(f)  Subsequent review.--No sooner than one year prior to

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release from a State or county correctional facility and in

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five-year intervals thereafter, an offender designated a

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domestic violence predator may petition a court having original

21

jurisdiction in the matter for reconsideration. The court may

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request a new report by the board and enter an order terminating

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the designation, in which case the court shall notify the

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Pennsylvania State Police.

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§ 9605.  Other registration requirements.

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(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

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incarceration, upon parole from a State or county correctional

30

facility or upon commencing a sentence of intermediate

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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

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section 9603 (relating to registration of certain offenders for

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ten years) and domestic violence predators designated in

8

subsection (a) of the provisions of this chapter. The court

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shall:

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(1)  Specifically inform the offender of the duty to

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register and obtain the information required for each

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registration.

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(2)  Specifically inform the offender of the duty to

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inform the Pennsylvania State Police within ten days if the

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offender changes residence.

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(3)  Specifically inform the offender of the duty to

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register with a new law enforcement agency if the offender

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moves to another state no later than ten days after

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establishing residence in another state.

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(4)  Order the fingerprints and photograph of the person

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to be provided to the Pennsylvania State Police upon

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sentencing.

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(5)  Require the offender to read and sign a form stating

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that the duty to register under this chapter has been

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explained. If the offender is unable to read, the court shall

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certify that the duty to register was explained to the

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offender and the offender indicated an understanding of the

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duty.

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(c)  Correctional facilities and parole authorities.--When an

30

offender is about to be released from incarceration or paroled

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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

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register with the Pennsylvania State Police under this chapter.

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(d)  Penalty.--An offender who fails to register as required

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in this section commits a felony of the third degree.

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§ 9606.  Verification of residence.

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(a)  Quarterly verification.--The Pennsylvania State Police

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shall verify the residence of domestic violence predators every

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90 days through use of a nonforwardable verification form to the

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last reported address. The form shall be returned by the

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offender within ten days.

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(b)  Annual verification.--The Pennsylvania State Police

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shall verify the residence of offenders designated in section

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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

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days.

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(c)  Notification of address change.--A change of address of

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an offender required to register under this chapter reported to

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the Pennsylvania State Police shall be immediately reported by

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the Pennsylvania State Police to the appropriate law enforcement

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agency having jurisdiction over the offender's new place of

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residence. The Pennsylvania State Police shall, if the offender

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changes residence to another state, notify the law enforcement

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agency having jurisdiction of the offender's new place of

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residence.

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(d)  Failure to provide verification.--If an offender fails

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to provide verification of residence within the required ten-day

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period, the Pennsylvania State Police shall immediately notify

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the local municipal police department of the offender's last

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verified residence. The local municipal police shall locate the

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offender and place the offender under arrest. The Pennsylvania

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State Police shall assume responsibility for locating the

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offender and making the arrest in jurisdictions where there is

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no local municipal police force. The Pennsylvania State Police

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shall assist any local municipal police department requesting

9

assistance with locating and arresting an offender who fails to

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verify his residence.

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(e)  Penalty.--An offender who fails to verify his residence

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as required in this section commits a felony of the third

13

degree.

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§ 9607.  Victim notification.

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(a)  Duty to inform victim.--

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(1)  If an offender is determined to be a domestic

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violence predator by a court order under section 9604(e)

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(relating to designation of domestic violence predators), the

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local municipal police department or, if there is no local

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municipal police department, the Pennsylvania State Police

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shall give written notice to the victim of the offender

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within 72 hours after the offender registers initially or

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notifies the Pennsylvania State Police of an address change.

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The notice shall contain the offender's name and the address

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or addresses where the offender resides.

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(2)  A victim may waive the right to be informed under

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paragraph (1) by providing the local municipal police

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department or, if there is no local municipal police

29

department, the Pennsylvania State Police with a written

30

request.

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(b)  Public information.--Information provided under

2

subsection (a) shall be available to the general public upon

3

request.

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(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

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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:

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(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.

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(a)  General rule.--The Pennsylvania State Police shall:

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(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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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

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Investigation information received from the Pennsylvania

7

Board of Probation and Parole under this chapter and the

8

fingerprints of the domestic violence predator.

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(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:

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(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

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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.

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(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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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.--

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(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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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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