SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, CALTAGIRONE, BAKER, BARRAR, BOYD, B. BOYLE, CHRISTIANA, DeLUCA, DePASQUALE, EVERETT, FABRIZIO, GABLER, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M. K. KELLER, KILLION, KOTIK, LONGIETTI, MATZIE, MILLER, OBERLANDER, PAYNE, PICKETT, PYLE, QUINN, READSHAW, SACCONE, SAYLOR, SCAVELLO, K. SMITH, SONNEY, STEPHENS, STEVENSON, STURLA, SWANGER, TOEPEL, VULAKOVICH, WATSON, YOUNGBLOOD, BOBACK, KORTZ, REICHLEY, HESS, HELM, CAUSER, SANTARSIERO, CLYMER, GILLESPIE, DAVIS, MAJOR, TOOHIL, VEREB, GILLEN, KAVULICH, FARRY, MARSHALL, BROOKS, BARBIN AND MILNE, JANUARY 19, 2011

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 18, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, further providing for

sentence for failure to comply with registration of sexual

offenders.

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

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Judicial Procedure) of the Pennsylvania Consolidated

Statutes, making changes necessary for the administration and

implementation of the act of December 20, 2011 (P.L.446,

No.111), entitled "An act amending Titles 18 (Crimes and

Offenses), 23 (Domestic Relations), 42 (Judiciary and

Judicial Procedure), 44 (Law and Justice) and 61 (Prisons and

Parole) of the Pennsylvania Consolidated Statutes,

extensively revising provisions relating to registration of

sexual offenders pursuant to Federal mandate; and making

editorial changes," in the areas of perjury and falsification

in official matters, dissemination of criminal history record

information, disposition of children generally, court-ordered

involuntary treatment of certain sexually violent persons and  

registration of sexual offenders; and, in juvenile matters,

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further providing for definitions and for disposition of

dependent child.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9718.3(a) of Title 42 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 9718.3.  Sentence for failure to comply with registration of

sexual offenders.

(a)  Mandatory sentence.--Mandatory sentencing shall be as

follows:

(1)  Sentencing upon conviction for a first offense shall

be as follows:

(i)  Not less than two years for an individual who:

(A)  was subject to section 9795.1(a) (relating

to registration) or a similar provision from another

jurisdiction or former section 9793 (relating to

registration of certain offenders for ten years); and

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2)

(relating to failure to comply with registration of

sexual offenders requirements).

(ii)  Not less than three years for an individual

who:

(A)  was subject to section 9795.1(a) or a

similar provision from another jurisdiction or former

section 9793; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

(iii)  Not less than three years for an individual

who:

(A)  was subject to section 9795.1(b) or a

similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

(iv)  Not less than five years for an individual who:

(A)  was subject to section 9795.1(b) or a

similar provision from another jurisdiction; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

(2)  Sentencing upon conviction for a second or

subsequent offense shall be as follows:

(i)  Not less than five years for an individual who:

(A)  was subject to section 9795.1 or a similar

provision from another jurisdiction or former section

9793; and

(B)  violated 18 Pa.C.S. § 4915(a)(1) or (2).

(ii)  Not less than seven years for an individual

who:

(A)  was subject to section 9795.1 or a similar

provision from another jurisdiction or former section

9793; and

(B)  violated 18 Pa.C.S. § 4915(a)(3).

(a.1)  Transients and mandatory sentence.--Mandatory

sentencing shall be as follows for an individual subject to

registration as a transient under section 9796.1 (relating to

registration of transients):

(1)  Sentencing upon conviction for a first offense shall

be not less than two years for an individual who:

(i)  was subject to section 9796.1 or a similar

provision from another jurisdiction; and

(ii)  violated 18 Pa.C.S. § 4915(a.1).

(2)  Sentencing upon conviction for a second or

subsequent offense shall be not less than five years for an

individual who:

(i)  was subject to section 9796.1 or a similar

provision from another jurisdiction; and

(ii)  violated 18 Pa.C.S. § 4915(a.1).

* * *

Section 2.  The amendment or addition of 42 Pa.C.S. §

9718.3(a) and (a.1) shall apply to individuals convicted after

the effective date of this section.

Section 3.  This act shall take effect in 60 days.

Section 1.  Sections 4915(d) and (g) and 4915.1(b) and (c.1)

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of Title 18 of the Pennsylvania Consolidated Statutes, amended

or added December 20, 2011 (P.L.446, No.111), are amended to

read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

* * *

(d)  Effect of notice.--Neither failure on the part of the

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

information pursuant to 42 Pa.C.S. § 9796(a.1) [or], (b.1) or

(b.3) shall be a defense to a prosecution commenced against an

individual arising from a violation of this section. The

provisions of 42 Pa.C.S. § 9796(a.1) [and], (b.1) or (b.3) are

not an element of an offense under this section.

* * *

(g)  Expiration.--This section shall expire [one year after

the effective date of this subsection] December 20, 2012.

§ 4915.1.  Failure to comply with registration requirements.

* * *

(b)  Grading for sexual offenders who must register for 15

years or who are required to register in another jurisdiction or

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foreign country based upon a nonsexually violent offense must

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register pursuant to 42 Pa.C.S. § 9799.13(7.1).--

(1)  Except as set forth in paragraph (3), an individual

[subject to registration under 42 Pa.C.S. § 9799.13 and

required to register for a period of 15 years] who commits a

violation of subsection (a)(1) or (2) commits a felony of the

third degree.

(2)  An individual [subject to registration under 42

Pa.C.S. § 9799.13 and required to register for a period of 15

years] who commits a violation of subsection (a)(1) or (2)

and who has previously been convicted of an offense under

subsection (a)(1) or (2) or (a.1)(1) or (2) or a similar

offense commits a felony of the second degree.

(3)  An individual [subject to registration under 42

Pa.C.S. § 9799.13 and required to register for a period of 15

years] who violates subsection (a)(3) commits a felony of the

second degree.

(4)  For the purposes of this subsection, an individual

shall mean an individual that meets any of the following:

(i)  Is subject to registration under 42 Pa.C.S. §

9799.13 and is required to register for a period of 15

years.

(ii)  Is subject to registration under 42 Pa.C.S. §

9799.13(7.1).

* * *

(c.1)  Grading for sexual offenders who are transients who

must register for 15 years.--

(1)  Except as set forth in paragraph (2) or (3), an

individual [subject to registration under 42 Pa.C.S. §

9799.13 who is a transient who must register for 15 years]

commits a felony of the third degree if the individual

violates subsection (a.1)(1) or (2).

(2)  An individual [subject to registration under 42

Pa.C.S. § 9799.13 who is a transient who must register for 15

years] commits a felony of the second degree if the

individual violates subsection (a.1)(3).

(3)  An individual [subject to registration under 42

Pa.C.S. § 9799.13 who is a transient who must register for a

period of 15 years] commits a felony of the second degree if

the individual violates subsection (a.1)(1) or (2) and has

been previously convicted of an offense under subsection (a)

(1) or (2) or (a.1)(1) or (2) or a similar offense.

(4)  For the purposes of this subsection, an individual

shall mean an individual that meets any of the following:

(i)  Is subject to registration under 42 Pa.C.S. §

9799.13 and is a transient who must register for a period

of 15 years.

(ii)  Is subject to registration under 42 Pa.C.S. §

9799.13(7.1) and is a transient.

* * *

Section 2.  Section 9123(a) introductory paragraph of Title

18 is amended and the section is amended by adding a subsection

to read:

§ 9123.  Juvenile records.

(a)  Expungement of juvenile records.--Notwithstanding the

provisions of section 9105 (relating to other criminal justice

information) and except [upon cause shown] as provided under

subsection (a.1), expungement of records of juvenile delinquency

cases wherever kept or retained shall occur after 30 days'

notice to the district attorney, whenever the court upon its

motion or upon the motion of a child or the parents or guardian

finds:

* * *

(a.1)  Exceptions.--Subsection (a) shall not apply if any of

the following apply:

(1)  The individual meets all of the following:

(i)  Was 14 years of age or older at the time the

individual committed an offense which, if committed by an

adult, would be classified as:

(A)  An offense under 18 Pa.C.S. § 3121 (relating

to rape), 3123 (relating to involuntary deviate

sexual intercourse) or 3125 (relating to aggravated

indecent assault).

(B)  An attempt, solicitation or conspiracy to

commit an offense under 18 Pa.C.S. § 3121, 3123 or

3125.

(ii)  Was adjudicated delinquent for the offense

under subparagraph (i).

(2)  Upon cause shown.

* * *

Section 2.1.  Paragraph (3) of the definition of "child" in

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section 6302 of Title 42 is amended to read:

§ 6302.  Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Child."  An individual who:

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(3)  is under the age of 21 years and was adjudicated

dependent before reaching the age of 18 years [and who, while

engaged in a course of instruction or treatment, requests the

court to retain jurisdiction until the course has been

completed, but in no event shall a child remain in a course

of instruction or treatment past the age of 21 years.], who 

has requested the court to retain jurisdiction and who

remains under the jurisdiction of the court as a dependent

child because the court has determined that the child is:

(i)  completing secondary education or an equivalent

credential;

(ii)  enrolled in an institution which provides

postsecondary or vocational education;

(iii)  participating in a program actively designed

to promote or remove barriers to employment;

(iv)  employed for at least 80 hours per month; or

(v)  incapable of doing any of the activities

described in subparagraph (i), (ii), (iii) or (iv) due to

a medical or behavioral health condition, which is

supported by regularly updated information in the

permanency plan of the child.

* * *

Section 2.2.  Section 6351(e)(3) of Title 42 is amended by

adding a subparagraph, subsection (f) is amended by adding

paragraphs and the section is amended by adding a subsection to

read:

§ 6351.  Disposition of dependent child.

* * *

(e)  Permanency hearings.--

 * * *

(3)  The court shall conduct permanency hearings as

follows:

* * *

(iii)  If the court resumes jurisdiction of the child

pursuant to subsection (j), permanency hearings shall be

scheduled in accordance with applicable law until court

jurisdiction is terminated, but no later than when the

child attains 21 years of age.

(f)  Matters to be determined at permanency hearing.--At each

permanency hearing, a court shall determine all of the

following:

* * *

(8.1)  Whether the child continues to meet the definition

of "child" and has requested that the court continue

jurisdiction pursuant to section 6302 if the child is between

18 and 21 years of age.

(8.2)  That a transition plan has been presented in

accordance with section 475 of the Social Security Act (49

Stat. 620, 42 U.S.C. § 675(5)(H)).

* * *

(j)  Resumption of jurisdiction.--At any time prior to a

child reaching 21 years of age, a child may request the court to

resume dependency jurisdiction if:

(1)  the child continues to meet the definition of

"child" pursuant to section 6302; and

(2)    dependency jurisdiction was terminated:

(i)  within 90 days prior to the child's 18th

birthday; or

(ii)  after the child's 18th birthday, but before the

child turns 21 years of age.

Section 3.  Sections 6358(a), 6403(a)(2), 6404.2(g) and

9799.10(2) and (3) of Title 42, amended or added December 20,

2011 (P.L.446, No.111), are amended to read:

§ 6358.  Assessment of delinquent children by the State Sexual

Offenders Assessment Board.

(a)  General rule.--A child who has been found to be

delinquent for an act of sexual violence which if committed by

an adult would be a violation of 18 Pa.C.S. § 3121 (relating to

rape), 3123 (relating to involuntary deviate sexual

intercourse), 3124.1 (relating to sexual assault), 3125

(relating to aggravated indecent assault), 3126 (relating to

indecent assault) or 4302 (relating to incest) who is committed

to an institution or other facility pursuant to section 6352

(relating to disposition of delinquent child) and who remains in

any such institution or facility as a result of that

adjudication of delinquency upon attaining 20 years of age shall

be subject to an assessment by the board.

* * *

§ 6403.  Court-ordered involuntary treatment.

(a)  Persons subject to involuntary treatment.--A person may

be subject to court-ordered commitment for involuntary treatment

under this chapter if the person:

* * *

(2)  Has been committed to an institution or other

facility pursuant to section 6352 (relating to disposition of

delinquent child) and remains in any such institution or

facility upon attaining 20 years of age as a result of having

been adjudicated delinquent for the act of sexual violence.

* * *

§ 6404.2.  Duration of outpatient commitment and review.

* * *

(g)  Counseling of sexually violent delinquent children.--For

the time period under section 9799.15 (relating to period of

registration), a sexually violent delinquent child shall attend

at least monthly counseling sessions in a program approved by

the board and shall be financially responsible for all fees

assessed from the counseling sessions. The board shall monitor

compliance. If the sexually violent delinquent child can prove

to the satisfaction of the court inability to afford to pay for

the counseling sessions, the sexually violent delinquent child

shall attend the counseling sessions; and the [parole office]

board shall pay the requisite fees.

§ 9799.10.  Purposes of subchapter.

This subchapter shall be interpreted and construed to

effectuate the following purposes:

* * *

(2)  To require individuals convicted or adjudicated

delinquent of certain sexual offenses to register with the

Pennsylvania State Police and to otherwise comply with this

subchapter if those individuals reside within this

Commonwealth, intend to reside within this Commonwealth,

attend an educational institution within this Commonwealth or

are employed or conduct volunteer work within this

Commonwealth.

(3)  To require individuals convicted or adjudicated

delinquent of certain sexual offenses who fail to maintain a

residence and are therefore homeless but can still be found

within the borders of this Commonwealth to register with the

Pennsylvania State Police.

* * *

Section 4.  The definitions of "approved registration site,"

"convicted," "juvenile offender" and "sexually violent predator"

in section 9799.12 of Title 42, added December 20, 2011

(P.L.446, No.111), are amended to read:

§ 9799.12.  Definitions.

The following words and phrases when used in this subchapter

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

context clearly indicates otherwise:

"Approved registration site."  [A site in this Commonwealth

approved by the Pennsylvania State Police:

(1)  at which individuals subject to this subchapter may

register, update and verify information or be fingerprinted

and photographed as required by this subchapter;

(2)  which is capable of submitting fingerprints

utilizing the Integrated Automated Fingerprint Identification

System or in another manner and in the form as the

Pennsylvania State Police shall require; and

(3)  which is capable of submitting photographs in the

form as the Pennsylvania State Police shall require.] A site

in this Commonwealth approved by the Pennsylvania State

Police at which individuals subject to this subchapter may

comply with this subchapter.

* * *

"Convicted."  Includes conviction by entry of plea of guilty

or nolo contendere, conviction after trial or court martial and

a finding of not guilty due to insanity or of guilty but

mentally ill.

* * *

"Juvenile offender."  One of the following:

(1)  An individual who was 14 years of age or older at

the time the individual committed an offense which, if

committed by an adult, would be classified as an offense

under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

involuntary deviate sexual intercourse) or 3125 (relating to

aggravated indecent assault) or an attempt, solicitation or

conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123

or 3125 and either:

(i)  is adjudicated delinquent for such offense on or

after the effective date of this section; or

(ii)  has been adjudicated delinquent for such

offense and on the effective date of this section is

subject to the jurisdiction of the court on the basis of

that adjudication of delinquency, including commitment to

an institution or facility set forth in section 6352(a)

(3) (relating to a disposition of delinquent child).

(2)  An individual who was 14 years of age or older at

the time the individual committed an offense similar to an

offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt,

solicitation or conspiracy to commit an offense similar to an

offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws

of the United States, another jurisdiction or a foreign

country and was adjudicated delinquent for such an offense.

(3)  An individual who, on or after the effective date of

this paragraph, was required to register in a sexual offender

registry in another jurisdiction or foreign country based

upon an adjudication of delinquency.

The term does not include a sexually violent delinquent child.

* * *

"Sexually violent predator."  An individual determined to be

a sexually violent predator under section 9795.4 (relating to

assessments) prior to the effective date of this subchapter, or

an individual convicted of an offense specified in:

(1)  section 9799.14(b)(1), (2), (3), (4), (5), (6),

[(7),] (8), (9) or (10) (relating to sexual offenses and tier

system) or an attempt, conspiracy or solicitation to commit

any offense under section 9799.14(b)(1), (2), (3), (4), (5),

(6), [(7),] (8), (9) or (10);

(2)  section 9799.14(c)(1), (1.1), (1.2), (2), (3), (4),

(5) or (6) or an attempt, conspiracy or solicitation to

commit an offense under section 9799.14(c)(1), (1.1), (1.2),

(2), (3), (4), (5) or (6); or

(3)  section 9799.14(d)(1), (2), (3), (4), (5), (6), (7),

(8) or (9) or an attempt, conspiracy or solicitation to

commit an offense under section 9799.14(d)(1), (2), (3), (4),

(5), (6), (7), (8) or (9)

who on or after the effective date of this subchapter is

determined to be a sexually violent predator under section

9799.24 (relating to assessments) due to a mental abnormality or

personality disorder that makes the individual likely to engage

in predatory sexually violent offenses. The term includes an

individual determined to be a sexually violent predator or

similar designation where the determination occurred in another

jurisdiction, a foreign country or by court martial following a

judicial or administrative determination pursuant to a process

similar to that under section 9799.24.

* * *

Section 5.  Section 9799.13 of Title 42, added December 20,

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2011 (P.L.446, No.111), is amended to read:

§ 9799.13.  Applicability.

The following individuals shall register with the

Pennsylvania State Police as provided in sections 9799.15

(relating to period of registration), 9799.19 (relating to

initial registration) and 9799.25 (relating to verification by

sexual offenders and Pennsylvania State Police) and otherwise

comply with the provisions of this subchapter:

(1)  An individual who, on or after the effective date of

this section, [has been] is convicted of a sexually violent

offense and who has a residence within this Commonwealth or

is a transient.

(1.1)  An individual who, on or after the effective date

of this section, is convicted of a sexually violent offense

in this Commonwealth and does not have a residence in this

Commonwealth and:

(i)  is employed in this Commonwealth; or

(ii)  is a student in this Commonwealth.

[(1.1)] (1.2)  An individual who, on or after the

effective date of this section, [has been] is convicted of a

sexually violent offense [in this Commonwealth] and does not

have a residence within this Commonwealth or is not a

transient in this Commonwealth and:

(i)  is employed in this Commonwealth; or

(ii)  is a student in this Commonwealth.

(2)  An individual who, on or after the effective date of

this section, is, as a result of a conviction for a sexually

violent offense, an inmate in a State or county correctional

institution of this Commonwealth, including a community

corrections center or a community contract facility, is being

supervised by the Pennsylvania Board of Probation and Parole

or county probation or parole [or], is subject to a sentence

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of intermediate punishment [and has been convicted of a

sexually violent offense] or has supervision transferred

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pursuant to the Interstate Compact for Adult Supervision in

accordance with section 9799.19(g).

(2.1)  An individual who, on or after the effective date

of this section, is, as a result of a conviction for a

sexually violent offense, an inmate in a Federal correctional

institution or is supervised by Federal probation authorities

[and has committed a sexually violent offense] and who:

(i)  has a residence within this Commonwealth or is a

transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(3)  An individual who is required to register or was

required to register and failed to register with the

Pennsylvania State Police under this subchapter prior to the

effective date of this section and who has not fulfilled the

period of registration as of the effective date of this

section.

[(4)  An individual who was required to register with the

Pennsylvania State Police pursuant to former section 9795.1

(relating to registration) and:

(i)  has fulfilled the period of registration

provided in former section 9795.1(a) or has been removed

from the registry under former section 9795.5 (relating

to exemption from certain notifications); and

(ii)  on or after the effective date of this section,

is convicted of a sexually violent offense or convicted

of an offense graded as a felony.

(4.1)  An individual who was required to register under

this subchapter and has fulfilled the period of registration

provided in this subchapter and who, on or after the

effective date of this section, is convicted of a sexually

violent offense or of an offense graded as a felony.

(5)  An individual who, on or after the effective date of

this section, was required to register with the Pennsylvania

State Police pursuant to this subchapter and:

(i)  has fulfilled the period of registration

provided in this subchapter; and

(ii)  on or after the effective date of this section,

is convicted of an offense graded as a felony.

(6)  An individual who, on or after the effective date of

this section, was required to register with the Pennsylvania

State Police pursuant to this subchapter and:

(i)  has been removed from the registry pursuant to

section 9799.17 (relating to termination of period of

registration for juvenile offenders); and

(ii)  is subsequently convicted of an offense graded

as a felony.]

(7)  An individual who, on or after the effective date of

this section, is required to register in a sexual offender

registry in another jurisdiction or in a foreign country

based upon a conviction for a sexually violent offense or

under a sexual offender statute in the jurisdiction where the

individual is convicted and:

(i)  has a residence in this Commonwealth or is a

transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(7.1)  An individual who, on or after the effective date

of this section, is required to register in a sexual offender

registry in another jurisdiction or foreign country based

upon a conviction of [a sexual offense which is not

classified as a sexually violent offense] an offense set

forth in section 9799.14(b)(23) (relating to sexual offenses

and tier system) and:

(i)  has a residence in this Commonwealth or is a

transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(7.2)  An individual who, on or after the effective date

of this paragraph, is convicted of a sexually violent offense

in another jurisdiction or foreign country, or is

incarcerated or under supervision as a result of a conviction

for a sexually violent offense in another jurisdiction or

foreign country and:

(i)  has a residence in this Commonwealth or is a

transient;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(8)  An individual who, on or after the effective date of

this section, is a juvenile offender who was adjudicated

delinquent within this Commonwealth or was adjudicated

delinquent in another jurisdiction or a foreign country and:

(i)  has a residence within this Commonwealth;

(ii)  is employed within this Commonwealth; or

(iii)  is a student within this Commonwealth.

(8.1)  An individual who is a juvenile offender who is

adjudicated delinquent in this Commonwealth on or after the

effective date of this paragraph, but who does not have a

residence within this Commonwealth, is not a transient, is

not employed in this Commonwealth or is not a student within

this Commonwealth, must register with the Pennsylvania State

Police in accordance with section 9799.19 (relating to

initial registration) prior to leaving this Commonwealth.

(9)  An individual who, on or after the effective date of

this section, is a sexually violent delinquent child who is

committed for involuntary treatment or, on the effective date of

this section, is under commitment receiving involuntary

treatment in the State-owned facility or unit as set forth in

Chapter 64 (relating to court-ordered involuntary treatment of

certain sexually violent persons).

Section 6.  Section 9799.14(b)(12) and (21), (c)(9), (12) and

(17) and (d)(12), (13) and (15) of Title 42, added December 20,

2011 (P.L.446, No.111), are amended and subsection (b) is

amended by adding a paragraph to read:

§ 9799.14.  Sexual offenses and tier system.

* * *

(b)  Tier I sexual offenses.--The following offenses shall be

classified as Tier I sexual offenses:

* * *

(12)  18 U.S.C. § [2252] 2252(a)(4) (relating to certain

activities relating to material involving the sexual

exploitation of minors).

* * *

(21)  A comparable military offense or similar offense

under the laws of another jurisdiction or foreign country, or

under a former law of this Commonwealth.

* * *

(23)  A conviction for a sexual offense in another

jurisdiction or foreign country that is not set forth in this

section, but nevertheless requires registration under a

sexual offender statute in the jurisdiction or foreign

country.

(c)  Tier II sexual offenses.--The following offenses shall

be classified as Tier II sexual offenses:

* * *

(9)  18 U.S.C. § 2244 (relating to abusive sexual

contact) where the victim is 13 years of age or older but

under 18 years of age.

* * *

(12)  18 U.S.C. § [2252] 2252(a)(1), (2) or (3).

* * *

(17)  A comparable military offense or similar offense

under the laws of another jurisdiction or foreign country, or

under a former law of this Commonwealth.

* * *

(d)  Tier III sexual offenses.--The following offenses shall

be classified as Tier III sexual offenses:

* * *

(12)  18 U.S.C. § 2244 where the victim is under 13 years

<--

of age.

(13)  A comparable military offense or similar offense

under the laws of another jurisdiction or country, or under a

former law of this Commonwealth.

* * *

(15)  [An offense listed as a Tier II sexual offense

where there is a subsequent conviction for an offense graded

as a felony.] (Reserved).

* * *

Section 7.  Section 9799.15(a)(1), (4) and (7), (c), (f), (g)

and (h) of Title 42, added December 20, 2011 (P.L.446, No.111),

are amended, subsection (a) is amended by adding a paragraph and

the section is amended by adding a subsection to read:

§ 9799.15.  Period of registration.

(a)  Period of registration.--Subject to subsection (c), an

individual specified in section 9799.13 (relating to

applicability) shall register with the Pennsylvania State Police

as follows:

(1)  An individual convicted of a Tier I sexual offense,

except an offense set forth in section 9799.14(b)(23)

(relating to sexual offenses and tier system), shall register

for a period of 15 years.

* * *

(4)  A juvenile offender who was adjudicated delinquent

in this Commonwealth, or who was adjudicated delinquent in

another jurisdiction or foreign country as a consequence of

having committed an offense similar to an offense which would

require the individual to register if the offense was

committed in this Commonwealth, shall register for the life

of the individual.

(4.1)  A juvenile offender who is required to register in

a sexual offender registry in another jurisdiction or foreign

country as a consequence of having been adjudicated

delinquent for an offense similar to an offense which, if

committed in this Commonwealth, would not require the

individual to register shall register for a period of time

equal to that required of the individual in the other

jurisdiction or foreign country.

* * *

(7)  An individual subject to registration under section

[9799.13] 9799.13(7.1) shall register for the period of time

equal to the time for which the individual was required to

register in another jurisdiction or foreign country.

* * *

(c)  Period of registration tolled.--The following shall

apply:

(1)  The period of registration set forth in subsection

(a) shall be tolled for the period of time in which the

individual specified in section 9799.13 is:

(i)  incarcerated in a Federal, State or county

correctional institution, excluding a community contract

facility or community corrections center;

(ii)  subject to a sentence of intermediate

punishment which is restrictive and where the individual

is sentenced to a period of incarceration;

(iii)  committed to an institution or facility set

forth in section 6352(a)(3) that provides the individual

with 24-hour-per-day supervision and care; [or]

(iv)  committed to and receiving involuntary

inpatient treatment in the State-owned facility or unit

set forth in Chapter 64 (relating to court-ordered

involuntary treatment of certain sexually violent

persons)[.]; or

(v)  incarcerated in a Federal correctional

institution, excluding a community contract facility or

community corrections center.

(2)  This subsection shall apply to an individual

specified in section 9799.13 who is recommitted to a Federal,  

State or county correctional institution for a parole

violation or who has been sentenced to an additional term of

imprisonment. [In the case of recommitment, the Department of

Corrections or the county correctional facility shall notify

the Pennsylvania State Police of the admission of the

individual.] In addition, this subsection shall apply to an

individual committed to or recommitted to a Federal

correctional institution. In the case of recommitment to a

State or county correctional institution, the Department of

Corrections or the county correctional facility shall notify

the Pennsylvania State Police of the admission of the

individual.

* * *

(f)  Sexually violent predators.--[An individual convicted of

a Tier I sexual offense, a Tier II sexual offense or a Tier III

sexual offense who is determined to be a] A sexually violent

predator [under section 9799.24] shall appear in person at an

approved registration site to:

(1)  provide or verify the information set forth in

section 9799.16(b); [and]

(2)  be photographed quarterly[.]; and

(3)  state whether he is in compliance with section

9799.36 (relating to counseling of sexually violent

predators).

(g)  In-person appearance to update information.--In addition

to the periodic in-person appearance required in [subsection]

subsections (e), (f) and (h), an individual specified in section

9799.13 shall appear in person at an approved registration site

within three business days to provide current information

relating to:

(1)  A change in name, including an alias.

(2)  A commencement of residence, change in residence,

termination of residence or failure to maintain a residence,

thus making the individual a transient.

(3)  Commencement of employment, a change in the location

or entity in which the individual is employed or a

termination of employment.

(4)  Initial enrollment as a student, a change in

enrollment as a student or termination as a student.

(5)  An addition and a change in telephone number,

including a cell phone number, or a termination of telephone

number, including a cell phone number.

(6)  An addition, a change in and termination of a motor

vehicle owned or operated, including watercraft or aircraft.

In order to fulfill the requirements of this paragraph, the

individual must provide any license plate numbers and

registration numbers and other identifiers and an addition to

or change in the address of the place the vehicle is stored.

(7)  A commencement of temporary lodging, a change in

temporary lodging or a termination of temporary lodging. In

order to fulfill the requirements of this paragraph, the

individual must provide the specific length of time and the

dates during which the individual will be temporarily lodged.

(8)  [A] An addition, change in or termination of e-mail

address, instant message address or any other designations

used in Internet communications or postings.

(9)  An addition, change in or termination of information

related to occupational and professional licensing, including

type of license held and license number.

(h)  Transients, juvenile offenders and sexually violent

delinquent children.--If the individual specified in section

9799.13 is a transient, a juvenile offender or a sexually

violent delinquent child, the following apply:

(1)  If the individual is a transient, the individual

shall appear in person at an approved registration site to

provide or to verify the information set forth in section

9799.16(b) and to be photographed monthly. The duty to appear

in person monthly and to be photographed shall apply until a

transient establishes a residence. In the event a transient

establishes a residence, the requirement of periodic in-

person appearances set forth in subsection (e) shall apply.

(2)  If the individual is a juvenile offender who is not

a transient, the individual shall appear at an approved

registration site to provide or verify the information set

forth in section 9799.16(b) and to be photographed quarterly.

(3)  If the individual is a sexually violent delinquent

child who is not a transient, the individual shall appear at

an approved registration site to provide or verify the

information set forth in section 9799.16(b) and to be

photographed quarterly.

* * *

(j)  In-person reporting by incarcerated or committed

individuals.--The requirements of subsections (e), (f), (g) and

(h) do not apply where the individual specified in section

9799.13 is:

(1)  incarcerated in a correctional institution,

excluding a community contract facility or community

corrections center;

(2)  subject to a sentence of intermediate punishment

which is restrictive and where the individual is sentenced to

a period of incarceration;

(3)  committed to an institution or facility set forth in

section 6352(a)(3) which provides the individual with 24-

hour-per-day supervision and care; or

(4)  committed to and receiving involuntary inpatient

treatment in the State-owned facility or unit set forth in

Chapter 64 (relating to court-ordered involuntary treatment

of certain sexually violent persons).

Section 8.  Sections 9799.16(b)(5) and (6), (c) introductory

paragraph and (d), 9799.17 and 9799.18(a)(4), (5) and (6) and

(d)(1) of Title 42, added December 20, 2011 (P.L.446, No.111),

are amended to read:

§ 9799.16.  Registry.

* * *

(b)  Information provided by sexual offender.--An individual

specified in section 9799.13 (relating to applicability) shall

provide the following information which shall be included in the

registry:

* * *

(5)  Address of each residence or intended residence, 

<--

including the location at which the individual receives mail

including a post office box, whether or not the residence or

intended residence is located within this Commonwealth and

<--

the location at which the individual receives mail, including

a post office box. If the individual [enters this

Commonwealth and] fails to maintain a residence and is

therefore a transient, the individual shall provide

information for the registry as set forth in paragraph (6).

(6)  If the individual is a transient, the individual

shall provide information about the transient's temporary

habitat or other temporary place of abode or dwelling,

including, but not limited to, a homeless shelter or park. In

addition, the transient shall provide a list of places the

transient eats, frequents and engages in leisure activities

and any planned destinations, including those outside this

Commonwealth. If the transient changes or adds to the places

listed under this paragraph during a [30-day] monthly period,

the transient shall list these when registering as a

transient during the next [30-day] monthly period. In

addition, the transient shall provide the place the transient

receives mail, including a post office box. If the transient

has been designated as a sexually violent predator, the

transient shall state whether he is in compliance with

section 9799.36 (relating to counseling of sexually violent

predators). The duty to provide the information set forth in

this paragraph shall apply until the transient establishes a

residence. In the event a transient establishes a residence,

the requirements of section 9799.15(e) (relating to period of

registration) shall apply.

* * * 

(c)  Criminal justice information.--The Pennsylvania State

Police shall ensure that the following information is included

in, or electronically accessible by, the registry:

* * * 

(d)  Cooperation.--[The] There shall be cooperation between

the Pennsylvania State Police [shall cooperate with], State and

county correctional institutions, the Pennsylvania Board of

Probation and Parole, the county office of probation and parole,

any court with jurisdiction over a sexual offender, the chief

juvenile probation officer of the court, juvenile probation and

parole and the Department of Public Welfare to ensure that the

information set forth in subsections (b) and (c) is provided and

placed in the registry.

§ 9799.17.  Termination of period of registration for juvenile

offenders.

(a)  Juvenile offender.--An individual who is a juvenile

offender, with the exception of a juvenile offender whose period

of registration is determined by section 9799.15(a)(4.1)

(relating to period of registration), shall have the requirement

to register terminated if all of the following apply:

(1)  At least 25 years have elapsed since the individual

was:

(i)  adjudicated delinquent for an offense which, if

committed by an adult, would be classified as an offense

under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to

involuntary deviate sexual intercourse) or 3125 (relating to

aggravated indecent assault) or an attempt, solicitation or

conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123

or 3125, excluding time spent under the supervision of the

court, including commitment to an institution or facility set

forth in section 6352(a)(3) (relating to deposition of

delinquent child); or

(ii)  adjudicated delinquent for an offense in

another jurisdiction or foreign country which is similar

to that which if committed by an adult in this

Commonwealth would be classified as an offense under 18

Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation

or conspiracy to commit an offense under 18 Pa.C.S. §

3121, 3123 or 3125.

(2)  For a period of 25 years prior to the filing of the

petition, the individual has not been convicted of a

subsequent sexually violent offense or a subsequent offense:

(i)  graded as a misdemeanor of the second degree or

higher; or

(ii)  which is punishable by a term of imprisonment

greater than one year.

(3)  The individual successfully completed court-ordered

supervision without revocation.

(4)  The individual successfully completed a treatment

program for sexual offenders recognized by the juvenile court

in this Commonwealth or another jurisdiction or the United

States Attorney General under section 115(b)(1) of the Adam

Walsh Child Protection and Safety Act of 2006 (Public Law

109-248, 42 U.S.C. § 16915(b)(1)). 

(b)  Procedure.--An individual who was adjudicated delinquent

in this Commonwealth, and who seeks to terminate the obligation

to register pursuant to subsection (a) may petition the court of

common pleas of the county in which the individual was

adjudicated delinquent for termination. An individual who was

adjudicated delinquent in another jurisdiction or foreign

country may petition the court of common pleas in the county in

which the individual has established a residence in this

Commonwealth. The court shall:

(1)  Within 120 days of the filing of the petition under

this subsection, hold a hearing to determine whether to

terminate the obligation to register. The petitioner and the

district attorney shall be given notice of the hearing and an

opportunity to be heard, the right to call witnesses, the

right to call expert witnesses and the right to cross-examine

witnesses. The petitioner shall have the right to counsel and

to have a lawyer appointed if the petitioner cannot afford

one.

(2)  Terminate the obligation to register only upon a

finding of clear and convincing evidence that the petitioner

has satisfied the criteria in subsection (a) and that

allowing the petitioner to terminate the obligation to

register is not likely to pose a threat to the safety of any

other person. The burden of proof shall be on the petitioner.

(c)  Notice.--A court granting relief under this section

shall notify the Megan's Law Unit of the Pennsylvania State

Police in writing within ten days from the date relief is

granted.

(d)  Right to appeal.--The petitioner and the Commonwealth

shall have the right to appellate review of the actions of the

court taken under this section. An appeal by the Commonwealth

shall stay the order of the court.

(e)  Prohibition.--This section shall not apply to an

individual who:

(1)  Has been designated as a sexually violent predator.

(2)  Has been convicted of a sexually violent offense who

is required to register for a period of 15 years or a period

of 25 years.

(3)  Has been convicted of a sexually violent offense who

is required to register for a period of life.

(4)  Is a sexually violent delinquent child.

§ 9799.18.  Information sharing.

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

within three business days, [transfer] make available 

information provided by an individual set forth in section

9799.13 (relating to applicability) under sections 9799.15(g)

and (i) (relating to period of registration), 9799.16(b)

(relating to registry) and 9799.19 (relating to initial

registration) to:

* * *

(4)  The district attorney of the county in which the

individual:

(i)  establishes a residence or terminates a

residence, or is transient;

(ii)  commences employment or terminates employment;

or

(iii)  enrolls as a student or terminates enrollment

as a student.

(5)  The chief law enforcement officer of the police

department of the municipality in which the individual:

(i)  establishes a residence or terminates a

residence, or is transient;

(ii)  commences employment or terminates employment;

or

(iii)  enrolls as a student or terminates enrollment

as a student.

(6)  The county office of probation and parole for the

county in which the individual:

(i)  establishes a residence or terminates a

residence, or is transient;

(ii)  commences employment or terminates employment;

or

(iii)  enrolls as a student or terminates enrollment

as a student.

* * *

(d)  International travel.--The Pennsylvania State Police

shall, within three business days, transfer information about

international travel provided by the sexual offender under

section 9799.15(i) to:

(1)  A jurisdiction in which the sexual offender is

required to register the sexual offender's residence, as a

transient, employment or enrollment as a student.

* * *

Section 9.  Section 9799.19(b), (b.1) introductory paragraph

(h), (i) and (j) of Title 42, added December 20, 2011 (P.L.446,

No.111), are amended and the section is amended by adding

subsections to read:

§ 9799.19.  Initial registration.

* * *

(b)  Initial registration if incarcerated within Commonwealth

or by Federal Court on effective date of section.--The following

apply:

(1)  If the individual is, [on] prior to the effective

date of this section, incarcerated in a Federal, State or

county correctional facility, the individual shall provide

the information set forth in section 9799.16(b) (relating to

registry) to the appropriate official of the Federal, State

or county correctional facility or the Pennsylvania Board of

Probation and Parole for inclusion in the registry before

being released due to:

(i)  the expiration of sentence, in which case the

information shall be collected no later than ten days

prior to the maximum expiration date;

(ii)  parole;

(iii)  State or county intermediate punishment where

the sentence is restrictive and the individual is

sentenced to a period of incarceration in a State or

county correctional institution or a work release

facility; or

(iv)  special probation supervised by the

Pennsylvania Board of Probation and Parole.

(2)  For individuals set forth in paragraph (1), the

appropriate official of the Federal, State or county

correctional facility or the Pennsylvania Board of Probation

and Parole shall collect and forward the information in

section 9799.16(b) to the Pennsylvania State Police. The

appropriate official shall, in addition, ensure that the

information set forth in section 9799.16(c) is collected and

forwarded to the Pennsylvania State Police. The information

in section 9799.16(b) and (c) shall be included in the

registry. With respect to individuals released under

paragraph (1)(ii), (iii) or (iv), the State or county

correctional facility shall not release the individual until

it receives verification from the Pennsylvania State Police

that it has received the information set forth in section

9799.16(b) and (c). Verification may take place by electronic

means. With respect to individuals released under paragraph

(1)(i), if the individual refuses to provide the information

set forth in section 9799.16(b), the State or county

correctional institution shall notify the Pennsylvania State

Police or the municipal police department with jurisdiction

over the facility of the failure to provide the information

and of the expected date, time and location of the release of

the individual.

(b.1)  Initial registration if sentenced to a county or State

correctional facility on or after the effective date of

section.--If the individual is, on or after the effective date

of this section, sentenced to a period of incarceration in a

county or State correctional facility, the individual shall

provide the information set forth in section 9799.16(b) as

follows:

* * *

(e.1)  Initial registration for county or Federal

probationers on the effective date of this section.--

(1)  If the individual is, on the effective date of this

section, already serving a sentence of county probation, the

appropriate office of probation and parole serving the county

shall register the individual within 48 hours. The

appropriate official of that office shall collect the

information set forth in section 9799.16(b) and forward that

information to the Pennsylvania State Police. The

Pennsylvania State Police shall ensure that the information 

set forth in section 9799.16(c) is collected. The information

in section 9799.16(b) and (c) shall be included in the

registry. If the individual fails to comply, the appropriate

official of that office shall notify the Pennsylvania State

Police.

(2)  If the individual is, on the effective date of this

section, already under the supervision of Federal probation

authorities for a sexually violent offense, the individual

shall provide the information set forth in section 9799.16(b)

by appearing at an approved registration site within 48 hours

of the effective date of this section.

(e.2)  Initial registration for county or State parolees on

the effective date of this section.--

(1)  If the individual is, on the effective date of this

section, already serving a sentence of county parole, the

appropriate office of probation and parole serving the county