SENATE AMENDED

 

PRIOR PRINTER'S NOS. 38, 3651, 3770

PRINTER'S NO.  3827

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

75

Session of

2011

  

  

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

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 25, 2012   

  

  

  

AN ACT

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

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2

Pennsylvania Consolidated Statutes, further providing for

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sentence for failure to comply with registration of sexual

4

offenders.

5

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

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6

Judicial Procedure) of the Pennsylvania Consolidated

7

Statutes, making changes necessary for the administration and

8

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

9

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

10

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

11

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

12

Parole) of the Pennsylvania Consolidated Statutes,

13

extensively revising provisions relating to registration of

14

sexual offenders pursuant to Federal mandate; and making

15

editorial changes," in the areas of perjury and falsification

16

in official matters, dissemination of criminal history record

17

information, disposition of children generally, court-ordered

18

involuntary treatment of certain sexually violent persons and  

19

registration of sexual offenders; and, in juvenile matters,

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20

further providing for definitions and for disposition of

21

dependent child.

22

The General Assembly of the Commonwealth of Pennsylvania

 


1

hereby enacts as follows:

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

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3

Consolidated Statutes is amended and the section is amended by

4

adding a subsection to read:

5

§ 9718.3.  Sentence for failure to comply with registration of

6

sexual offenders.

7

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

8

follows:

9

(1)  Sentencing upon conviction for a first offense shall

10

be as follows:

11

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

12

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

13

to registration) or a similar provision from another

14

jurisdiction or former section 9793 (relating to

15

registration of certain offenders for ten years); and

16

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

17

(relating to failure to comply with registration of

18

sexual offenders requirements).

19

(ii)  Not less than three years for an individual

20

who:

21

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

22

similar provision from another jurisdiction or former

23

section 9793; and

24

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

25

(iii)  Not less than three years for an individual

26

who:

27

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

28

similar provision from another jurisdiction; and

29

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

30

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

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1

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

2

similar provision from another jurisdiction; and

3

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

4

(2)  Sentencing upon conviction for a second or

5

subsequent offense shall be as follows:

6

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

7

(A)  was subject to section 9795.1 or a similar

8

provision from another jurisdiction or former section

9

9793; and

10

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

11

(ii)  Not less than seven years for an individual

12

who:

13

(A)  was subject to section 9795.1 or a similar

14

provision from another jurisdiction or former section

15

9793; and

16

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

17

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

18

sentencing shall be as follows for an individual subject to

19

registration as a transient under section 9796.1 (relating to

20

registration of transients):

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(1)  Sentencing upon conviction for a first offense shall

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be not less than two years for an individual who:

23

(i)  was subject to section 9796.1 or a similar

24

provision from another jurisdiction; and

25

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

26

(2)  Sentencing upon conviction for a second or

27

subsequent offense shall be not less than five years for an

28

individual who:

29

(i)  was subject to section 9796.1 or a similar

30

provision from another jurisdiction; and

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

2

* * *

3

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

4

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

5

the effective date of this section.

6

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

7

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

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8

of Title 18 of the Pennsylvania Consolidated Statutes, amended

9

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

10

read:

11

§ 4915.  Failure to comply with registration of sexual offenders

12

requirements.

13

* * *

14

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

15

Pennsylvania State Police to send nor failure of a sexually

16

violent predator or offender to receive any notice or

17

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

18

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

19

individual arising from a violation of this section. The

20

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

21

not an element of an offense under this section.

22

* * *

23

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

24

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

25

§ 4915.1.  Failure to comply with registration requirements.

26

* * *

27

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

28

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).--

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

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

3

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

4

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

5

third degree.

6

(2)  An individual [subject to registration under 42

7

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

8

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

9

and who has previously been convicted of an offense under

10

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

11

offense commits a felony of the second degree.

12

(3)  An individual [subject to registration under 42

13

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

14

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

15

second degree.

16

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

17

shall mean an individual that meets any of the following:

18

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

19

9799.13 and is required to register for a period of 15

20

years.

21

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

22

9799.13(7.1).

23

* * *

24

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

25

must register for 15 years.--

26

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

27

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

28

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

29

commits a felony of the third degree if the individual

30

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

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1

(2)  An individual [subject to registration under 42

2

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

3

years] commits a felony of the second degree if the

4

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

5

(3)  An individual [subject to registration under 42

6

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

7

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

8

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

9

been previously convicted of an offense under subsection (a)

10

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

11

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

12

shall mean an individual that meets any of the following:

13

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

14

9799.13 and is a transient who must register for a period

15

of 15 years.

16

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

17

9799.13(7.1) and is a transient.

18

* * *

19

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

20

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

21

to read:

22

§ 9123.  Juvenile records.

23

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

24

provisions of section 9105 (relating to other criminal justice

25

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

26

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

27

cases wherever kept or retained shall occur after 30 days'

28

notice to the district attorney, whenever the court upon its

29

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

30

finds:

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1

* * *

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

3

the following apply:

4

(1)  The individual meets all of the following:

5

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

6

individual committed an offense which, if committed by an

7

adult, would be classified as:

8

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

9

to rape), 3123 (relating to involuntary deviate

10

sexual intercourse) or 3125 (relating to aggravated

11

indecent assault).

12

(B)  An attempt, solicitation or conspiracy to

13

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

14

3125.

15

(ii)  Was adjudicated delinquent for the offense

16

under subparagraph (i).

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(2)  Upon cause shown.

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* * *

19

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

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section 6302 of Title 42 is amended to read:

21

§ 6302.  Definitions.

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The following words and phrases when used in this chapter

23

shall have, unless the context clearly indicates otherwise, the

24

meanings given to them in this section:

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* * *

26

"Child."  An individual who:

27

* * *

28

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

29

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

30

engaged in a course of instruction or treatment, requests the

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1

court to retain jurisdiction until the course has been

2

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

3

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

4

has requested the court to retain jurisdiction and who

5

remains under the jurisdiction of the court as a dependent

6

child because the court has determined that the child is:

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(i)  completing secondary education or an equivalent

8

credential;

9

(ii)  enrolled in an institution which provides

10

postsecondary or vocational education;

11

(iii)  participating in a program actively designed

12

to promote or remove barriers to employment;

13

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

14

(v)  incapable of doing any of the activities

15

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

16

a medical or behavioral health condition, which is

17

supported by regularly updated information in the

18

permanency plan of the child.

19

* * *

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

21

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

22

paragraphs and the section is amended by adding a subsection to

23

read:

24

§ 6351.  Disposition of dependent child.

25

* * *

26

(e)  Permanency hearings.--

27

 * * *

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(3)  The court shall conduct permanency hearings as

29

follows:

30

* * *

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(iii)  If the court resumes jurisdiction of the child

2

pursuant to subsection (j), permanency hearings shall be

3

scheduled in accordance with applicable law until court

4

jurisdiction is terminated, but no later than when the

5

child attains 21 years of age.

6

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

7

permanency hearing, a court shall determine all of the

8

following:

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* * *

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(8.1)  Whether the child continues to meet the definition

11

of "child" and has requested that the court continue

12

jurisdiction pursuant to section 6302 if the child is between

13

18 and 21 years of age.

14

(8.2)  That a transition plan has been presented in

15

accordance with section 475 of the Social Security Act (49

16

Stat. 620, 42 U.S.C. § 675(5)(H)).

17

* * *

18

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

19

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

20

resume dependency jurisdiction if:

21

(1)  the child continues to meet the definition of

22

"child" pursuant to section 6302; and

23

(2)    dependency jurisdiction was terminated:

24

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

25

birthday; or

26

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

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before the child turns 21 years of age.

28

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

29

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

30

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

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1

§ 6358.  Assessment of delinquent children by the State Sexual

2

Offenders Assessment Board.

3

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

4

delinquent for an act of sexual violence which if committed by

5

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

6

rape), 3123 (relating to involuntary deviate sexual

7

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

8

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

9

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

10

to an institution or other facility pursuant to section 6352

11

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

12

any such institution or facility as a result of that

13

adjudication of delinquency upon attaining 20 years of age shall

14

be subject to an assessment by the board.

15

* * *

16

§ 6403.  Court-ordered involuntary treatment.

17

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

18

be subject to court-ordered commitment for involuntary treatment

19

under this chapter if the person:

20

* * *

21

(2)  Has been committed to an institution or other

22

facility pursuant to section 6352 (relating to disposition of

23

delinquent child) and remains in any such institution or

24

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

25

been adjudicated delinquent for the act of sexual violence.

26

* * *

27

§ 6404.2.  Duration of outpatient commitment and review.

28

* * *

29

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

30

the time period under section 9799.15 (relating to period of

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1

registration), a sexually violent delinquent child shall attend

2

at least monthly counseling sessions in a program approved by

3

the board and shall be financially responsible for all fees

4

assessed from the counseling sessions. The board shall monitor

5

compliance. If the sexually violent delinquent child can prove

6

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

7

the counseling sessions, the sexually violent delinquent child

8

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

9

board shall pay the requisite fees.

10

§ 9799.10.  Purposes of subchapter.

11

This subchapter shall be interpreted and construed to

12

effectuate the following purposes:

13

* * *

14

(2)  To require individuals convicted or adjudicated

15

delinquent of certain sexual offenses to register with the

16

Pennsylvania State Police and to otherwise comply with this

17

subchapter if those individuals reside within this

18

Commonwealth, intend to reside within this Commonwealth,

19

attend an educational institution within this Commonwealth or

20

are employed or conduct volunteer work within this

21

Commonwealth.

22

(3)  To require individuals convicted or adjudicated

23

delinquent of certain sexual offenses who fail to maintain a

24

residence and are therefore homeless but can still be found

25

within the borders of this Commonwealth to register with the

26

Pennsylvania State Police.

27

* * *

28

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

29

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

30

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

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1

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

2

§ 9799.12.  Definitions.

3

The following words and phrases when used in this subchapter

4

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

5

context clearly indicates otherwise:

6

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

7

approved by the Pennsylvania State Police:

8

(1)  at which individuals subject to this subchapter may

9

register, update and verify information or be fingerprinted

10

and photographed as required by this subchapter;

11

(2)  which is capable of submitting fingerprints

12

utilizing the Integrated Automated Fingerprint Identification

13

System or in another manner and in the form as the

14

Pennsylvania State Police shall require; and

15

(3)  which is capable of submitting photographs in the

16

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

17

in this Commonwealth approved by the Pennsylvania State

18

Police at which individuals subject to this subchapter may

19

comply with this subchapter.

20

* * *

21

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

22

or nolo contendere, conviction after trial or court martial and

23

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

24

mentally ill.

25

* * *

26

"Juvenile offender."  One of the following:

27

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

28

the time the individual committed an offense which, if

29

committed by an adult, would be classified as an offense

30

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

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1

involuntary deviate sexual intercourse) or 3125 (relating to

2

aggravated indecent assault) or an attempt, solicitation or

3

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

4

or 3125 and either:

5

(i)  is adjudicated delinquent for such offense on or

6

after the effective date of this section; or

7

(ii)  has been adjudicated delinquent for such

8

offense and on the effective date of this section is

9

subject to the jurisdiction of the court on the basis of

10

that adjudication of delinquency, including commitment to

11

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

12

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

13

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

14

the time the individual committed an offense similar to an

15

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

16

solicitation or conspiracy to commit an offense similar to an

17

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

18

of the United States, another jurisdiction or a foreign

19

country and was adjudicated delinquent for such an offense.

20

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

21

this paragraph, was required to register in a sexual offender

22

registry in another jurisdiction or foreign country based

23

upon an adjudication of delinquency.

24

The term does not include a sexually violent delinquent child.

25

* * *

26

"Sexually violent predator."  An individual determined to be

27

a sexually violent predator under section 9795.4 (relating to

28

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

29

an individual convicted of an offense specified in:

30

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

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1

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

2

system) or an attempt, conspiracy or solicitation to commit

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

who on or after the effective date of this subchapter is

14

determined to be a sexually violent predator under section

15

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

16

personality disorder that makes the individual likely to engage

17

in predatory sexually violent offenses. The term includes an

18

individual determined to be a sexually violent predator or

19

similar designation where the determination occurred in another

20

jurisdiction, a foreign country or by court martial following a

21

judicial or administrative determination pursuant to a process

22

similar to that under section 9799.24.

23

* * *

24

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

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25

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

26

§ 9799.13.  Applicability.

27

The following individuals shall register with the

28

Pennsylvania State Police as provided in sections 9799.15

29

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

30

initial registration) and 9799.25 (relating to verification by

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1

sexual offenders and Pennsylvania State Police) and otherwise

2

comply with the provisions of this subchapter:

3

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

4

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

5

offense and who has a residence within this Commonwealth or

6

is a transient.

7

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

8

of this section, is convicted of a sexually violent offense

9

in this Commonwealth and does not have a residence in this

10

Commonwealth and:

11

(i)  is employed in this Commonwealth; or

12

(ii)  is a student in this Commonwealth.

13

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

14

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

15

sexually violent offense [in this Commonwealth] and does not

16

have a residence within this Commonwealth or is not a

17

transient in this Commonwealth and:

18

(i)  is employed in this Commonwealth; or

19

(ii)  is a student in this Commonwealth.

20

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

21

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

22

violent offense, an inmate in a State or county correctional

23

institution of this Commonwealth, including a community

24

corrections center or a community contract facility, is being

25

supervised by the Pennsylvania Board of Probation and Parole

26

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

<--

27

of intermediate punishment [and has been convicted of a

28

sexually violent offense] or has supervision transferred

<--

29

pursuant to the Interstate Compact for Adult Supervision in

30

accordance with section 9799.19(g).

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1

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

2

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

3

sexually violent offense, an inmate in a Federal correctional

4

institution or is supervised by Federal probation authorities

5

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

6

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

7

transient;

8

(ii)  is employed within this Commonwealth; or

9

(iii)  is a student within this Commonwealth.

10

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

11

required to register and failed to register with the

12

Pennsylvania State Police under this subchapter prior to the

13

effective date of this section and who has not fulfilled the

14

period of registration as of the effective date of this

15

section.

16

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

17

Pennsylvania State Police pursuant to former section 9795.1

18

(relating to registration) and:

19

(i)  has fulfilled the period of registration

20

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

21

from the registry under former section 9795.5 (relating

22

to exemption from certain notifications); and

23

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

24

is convicted of a sexually violent offense or convicted

25

of an offense graded as a felony.

26

(4.1)  An individual who was required to register under

27

this subchapter and has fulfilled the period of registration

28

provided in this subchapter and who, on or after the

29

effective date of this section, is convicted of a sexually

30

violent offense or of an offense graded as a felony.

- 16 -

 


1

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

2

this section, was required to register with the Pennsylvania

3

State Police pursuant to this subchapter and:

4

(i)  has fulfilled the period of registration

5

provided in this subchapter; and

6

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

7

is convicted of an offense graded as a felony.

8

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

9

this section, was required to register with the Pennsylvania

10

State Police pursuant to this subchapter and:

11

(i)  has been removed from the registry pursuant to

12

section 9799.17 (relating to termination of period of

13

registration for juvenile offenders); and

14

(ii)  is subsequently convicted of an offense graded

15

as a felony.]

16

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

17

this section, is required to register in a sexual offender

18

registry in another jurisdiction or in a foreign country

19

based upon a conviction for a sexually violent offense or

20

under a sexual offender statute in the jurisdiction where the

21

individual is convicted and:

22

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

23

transient;

24

(ii)  is employed within this Commonwealth; or

25

(iii)  is a student within this Commonwealth.

26

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

27

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

28

registry in another jurisdiction or foreign country based

29

upon a conviction of [a sexual offense which is not

30

classified as a sexually violent offense] an offense set

- 17 -

 


1

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

2

and tier system) and:

3

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

4

transient;

5

(ii)  is employed within this Commonwealth; or

6

(iii)  is a student within this Commonwealth.

7

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

8

of this paragraph, is convicted of a sexually violent offense

9

in another jurisdiction or foreign country, or is

10

incarcerated or under supervision as a result of a conviction

11

for a sexually violent offense in another jurisdiction or

12

foreign country and:

13

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

14

transient;

15

(ii)  is employed within this Commonwealth; or

16

(iii)  is a student within this Commonwealth.

17

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

18

this section, is a juvenile offender who was adjudicated

19

delinquent within this Commonwealth or was adjudicated

20

delinquent in another jurisdiction or a foreign country and:

21

(i)  has a residence within this Commonwealth;

22

(ii)  is employed within this Commonwealth; or

23

(iii)  is a student within this Commonwealth.

24

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

25

adjudicated delinquent in this Commonwealth on or after the

26

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

27

residence within this Commonwealth, is not a transient, is

28

not employed in this Commonwealth or is not a student within

29

this Commonwealth, must register with the Pennsylvania State

30

Police in accordance with section 9799.19 (relating to

- 18 -

 


1

initial registration) prior to leaving this Commonwealth.

2

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

3

this section, is a sexually violent delinquent child who is

4

committed for involuntary treatment or, on the effective date of

5

this section, is under commitment receiving involuntary

6

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

7

Chapter 64 (relating to court-ordered involuntary treatment of

8

certain sexually violent persons).

9

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

10

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

11

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

12

amended by adding a paragraph to read:

13

§ 9799.14.  Sexual offenses and tier system.

14

* * *

15

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

16

classified as Tier I sexual offenses:

17

* * *

18

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

19

activities relating to material involving the sexual

20

exploitation of minors).

21

* * *

22

(21)  A comparable military offense or similar offense

23

under the laws of another jurisdiction or foreign country, or

24

under a former law of this Commonwealth.

25

* * *

26

(23)  A conviction for a sexual offense in another

27

jurisdiction or foreign country that is not set forth in this

28

section, but nevertheless requires registration under a

29

sexual offender statute in the jurisdiction or foreign

30

country.

- 19 -

 


1

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

2

be classified as Tier II sexual offenses:

3

* * *

4

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

5

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

6

under 18 years of age.

7

* * *

8

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

9

* * *

10

(17)  A comparable military offense or similar offense

11

under the laws of another jurisdiction or foreign country, or

12

under a former law of this Commonwealth.

13

* * *

14

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

15

be classified as Tier III sexual offenses:

16

* * *

17

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

<--

18

of age.

19

(13)  A comparable military offense or similar offense

20

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

21

former law of this Commonwealth.

22

* * *

23

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

24

where there is a subsequent conviction for an offense graded

25

as a felony.] (Reserved).

26

* * *

27

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

28

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

29

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

30

the section is amended by adding a subsection to read:

- 20 -

 


1

§ 9799.15.  Period of registration.

2

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

3

individual specified in section 9799.13 (relating to

4

applicability) shall register with the Pennsylvania State Police

5

as follows:

6

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

7

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

8

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

9

for a period of 15 years.

10

* * *

11

(4)  A juvenile offender who was adjudicated delinquent

12

in this Commonwealth, or who was adjudicated delinquent in

13

another jurisdiction or foreign country as a consequence of

14

having committed an offense similar to an offense which would

15

require the individual to register if the offense was

16

committed in this Commonwealth, shall register for the life

17

of the individual.

18

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

19

a sexual offender registry in another jurisdiction or foreign

20

country as a consequence of having been adjudicated

21

delinquent for an offense similar to an offense which, if

22

committed in this Commonwealth, would not require the

23

individual to register shall register for a period of time

24

equal to that required of the individual in the other

25

jurisdiction or foreign country.

26

* * *

27

(7)  An individual subject to registration under section

28

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

29

equal to the time for which the individual was required to

30

register in another jurisdiction or foreign country.

- 21 -

 


1

* * *

2

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

3

apply:

4

(1)  The period of registration set forth in subsection

5

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

6

individual specified in section 9799.13 is:

7

(i)  incarcerated in a Federal, State or county

8

correctional institution, excluding a community contract

9

facility or community corrections center;

10

(ii)  subject to a sentence of intermediate

11

punishment which is restrictive and where the individual

12

is sentenced to a period of incarceration;

13

(iii)  committed to an institution or facility set

14

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

15

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

16

(iv)  committed to and receiving involuntary

17

inpatient treatment in the State-owned facility or unit

18

set forth in Chapter 64 (relating to court-ordered

19

involuntary treatment of certain sexually violent

20

persons)[.]; or

21

(v)  incarcerated in a Federal correctional

22

institution, excluding a community contract facility or

23

community corrections center.

24

(2)  This subsection shall apply to an individual

25

specified in section 9799.13 who is recommitted to a Federal,  

26

State or county correctional institution for a parole

27

violation or who has been sentenced to an additional term of

28

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

29

Corrections or the county correctional facility shall notify

30

the Pennsylvania State Police of the admission of the

- 22 -

 


1

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

2

individual committed to or recommitted to a Federal

3

correctional institution. In the case of recommitment to a

4

State or county correctional institution, the Department of

5

Corrections or the county correctional facility shall notify

6

the Pennsylvania State Police of the admission of the

7

individual.

8

* * *

9

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

10

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

11

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

12

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

13

approved registration site to:

14

(1)  provide or verify the information set forth in

15

section 9799.16(b); [and]

16

(2)  be photographed quarterly[.]; and

17

(3)  state whether he is in compliance with section

18

9799.36 (relating to counseling of sexually violent

19

predators).

20

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

21

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

22

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

23

9799.13 shall appear in person at an approved registration site

24

within three business days to provide current information

25

relating to:

26

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

27

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

28

termination of residence or failure to maintain a residence,

29

thus making the individual a transient.

30

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

- 23 -

 


1

or entity in which the individual is employed or a

2

termination of employment.

3

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

4

enrollment as a student or termination as a student.

5

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

6

including a cell phone number, or a termination of telephone

7

number, including a cell phone number.

8

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

9

vehicle owned or operated, including watercraft or aircraft.

10

In order to fulfill the requirements of this paragraph, the

11

individual must provide any license plate numbers and

12

registration numbers and other identifiers and an addition to

13

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

14

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

15

temporary lodging or a termination of temporary lodging. In

16

order to fulfill the requirements of this paragraph, the

17

individual must provide the specific length of time and the

18

dates during which the individual will be temporarily lodged.

19

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

20

address, instant message address or any other designations

21

used in Internet communications or postings.

22

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

23

related to occupational and professional licensing, including

24

type of license held and license number.

25

(h)  Transients, juvenile offenders and sexually violent

26

delinquent children.--If the individual specified in section

27

9799.13 is a transient, a juvenile offender or a sexually

28

violent delinquent child, the following apply:

29

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

30

shall appear in person at an approved registration site to

- 24 -

 


1

provide or to verify the information set forth in section

2

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

3

in person monthly and to be photographed shall apply until a

4

transient establishes a residence. In the event a transient

5

establishes a residence, the requirement of periodic in-

6

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

7

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

8

a transient, the individual shall appear at an approved

9

registration site to provide or verify the information set

10

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

11

(3)  If the individual is a sexually violent delinquent

12

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

13

an approved registration site to provide or verify the

14

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

15

photographed quarterly.

16

* * *

17

(j)  In-person reporting by incarcerated or committed

18

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

19

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

20

9799.13 is:

21

(1)  incarcerated in a correctional institution,

22

excluding a community contract facility or community

23

corrections center;

24

(2)  subject to a sentence of intermediate punishment

25

which is restrictive and where the individual is sentenced to

26

a period of incarceration;

27

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

28

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

29

hour-per-day supervision and care; or

30

(4)  committed to and receiving involuntary inpatient

- 25 -

 


1

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

2

Chapter 64 (relating to court-ordered involuntary treatment

3

of certain sexually violent persons).

4

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

5

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

6

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

7

are amended to read:

8

§ 9799.16.  Registry.

9

* * *

10

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

11

specified in section 9799.13 (relating to applicability) shall

12

provide the following information which shall be included in the

13

registry:

14

* * *

15

(5)  Address of each residence or intended residence, 

<--

16

including the location at which the individual receives mail

17

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

18

intended residence is located within this Commonwealth and

<--

19

the location at which the individual receives mail, including

20

a post office box. If the individual [enters this

21

Commonwealth and] fails to maintain a residence and is

22

therefore a transient, the individual shall provide

23

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

24

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

25

shall provide information about the transient's temporary

26

habitat or other temporary place of abode or dwelling,

27

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

28

addition, the transient shall provide a list of places the

29

transient eats, frequents and engages in leisure activities

30

and any planned destinations, including those outside this

- 26 -

 


1

Commonwealth. If the transient changes or adds to the places

2

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

3

the transient shall list these when registering as a

4

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

5

addition, the transient shall provide the place the transient

6

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

7

has been designated as a sexually violent predator, the

8

transient shall state whether he is in compliance with

9

section 9799.36 (relating to counseling of sexually violent

10

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

11

this paragraph shall apply until the transient establishes a

12

residence. In the event a transient establishes a residence,

13

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

14

registration) shall apply.

15

* * * 

16

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

17

Police shall ensure that the following information is included

18

in, or electronically accessible by, the registry:

19

* * * 

20

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

21

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

22

county correctional institutions, the Pennsylvania Board of

23

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

24

any court with jurisdiction over a sexual offender, the chief

25

juvenile probation officer of the court, juvenile probation and

26

parole and the Department of Public Welfare to ensure that the

27

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

28

placed in the registry.

29

§ 9799.17.  Termination of period of registration for juvenile

30

offenders.

- 27 -

 


1

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

2

offender, with the exception of a juvenile offender whose period

3

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

4

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

5

to register terminated if all of the following apply:

6

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

7

was:

8

(i)  adjudicated delinquent for an offense which, if

9

committed by an adult, would be classified as an offense

10

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

11

involuntary deviate sexual intercourse) or 3125 (relating to

12

aggravated indecent assault) or an attempt, solicitation or

13

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

14

or 3125, excluding time spent under the supervision of the

15

court, including commitment to an institution or facility set

16

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

17

delinquent child); or

18

(ii)  adjudicated delinquent for an offense in

19

another jurisdiction or foreign country which is similar

20

to that which if committed by an adult in this

21

Commonwealth would be classified as an offense under 18

22

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

23

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

24

3121, 3123 or 3125.

25

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

26

petition, the individual has not been convicted of a

27

subsequent sexually violent offense or a subsequent offense:

28

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

29

higher; or

30

(ii)  which is punishable by a term of imprisonment

- 28 -

 


1

greater than one year.

2

(3)  The individual successfully completed court-ordered

3

supervision without revocation.

4

(4)  The individual successfully completed a treatment

5

program for sexual offenders recognized by the juvenile court

6

in this Commonwealth or another jurisdiction or the United

7

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

8

Walsh Child Protection and Safety Act of 2006 (Public Law

9

109-248, 42 U.S.C. § 16915(b)(1)). 

10

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

11

in this Commonwealth, and who seeks to terminate the obligation

12

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

13

common pleas of the county in which the individual was

14

adjudicated delinquent for termination. An individual who was

15

adjudicated delinquent in another jurisdiction or foreign

16

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

17

which the individual has established a residence in this

18

Commonwealth. The court shall:

19

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

20

this subsection, hold a hearing to determine whether to

21

terminate the obligation to register. The petitioner and the

22

district attorney shall be given notice of the hearing and an

23

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

24

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

25

witnesses. The petitioner shall have the right to counsel and

26

to have a lawyer appointed if the petitioner cannot afford

27

one.

28

(2)  Terminate the obligation to register only upon a

29

finding of clear and convincing evidence that the petitioner

30

has satisfied the criteria in subsection (a) and that

- 29 -

 


1

allowing the petitioner to terminate the obligation to

2

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

3

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

4

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

5

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

6

Police in writing within ten days from the date relief is

7

granted.

8

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

9

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

10

court taken under this section. An appeal by the Commonwealth

11

shall stay the order of the court.

12

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

13

individual who:

14

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

15

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

16

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

17

of 25 years.

18

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

19

is required to register for a period of life.

20

(4)  Is a sexually violent delinquent child.

21

§ 9799.18.  Information sharing.

22

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

23

within three business days, [transfer] make available 

24

information provided by an individual set forth in section

25

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

26

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

27

(relating to registry) and 9799.19 (relating to initial

28

registration) to:

29

* * *

30

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

- 30 -

 


1

individual:

2

(i)  establishes a residence or terminates a

3

residence, or is transient;

4

(ii)  commences employment or terminates employment;

5

or

6

(iii)  enrolls as a student or terminates enrollment

7

as a student.

8

(5)  The chief law enforcement officer of the police

9

department of the municipality in which the individual:

10

(i)  establishes a residence or terminates a

11

residence, or is transient;

12

(ii)  commences employment or terminates employment;

13

or

14

(iii)  enrolls as a student or terminates enrollment

15

as a student.

16

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

17

county in which the individual:

18

(i)  establishes a residence or terminates a

19

residence, or is transient;

20

(ii)  commences employment or terminates employment;

21

or

22

(iii)  enrolls as a student or terminates enrollment

23

as a student.

24

* * *

25

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

26

shall, within three business days, transfer information about

27

international travel provided by the sexual offender under

28

section 9799.15(i) to:

29

(1)  A jurisdiction in which the sexual offender is

30

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

- 31 -

 


1

transient, employment or enrollment as a student.

2

* * *

3

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

4

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

5

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

6

subsections to read:

7

§ 9799.19.  Initial registration.

8

* * *

9

(b)  Initial registration if incarcerated within Commonwealth

10

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

11

apply:

12

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

13

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

14

county correctional facility, the individual shall provide

15

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

16

registry) to the appropriate official of the Federal, State

17

or county correctional facility or the Pennsylvania Board of

18

Probation and Parole for inclusion in the registry before

19

being released due to:

20

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

21

information shall be collected no later than ten days

22

prior to the maximum expiration date;

23

(ii)  parole;

24

(iii)  State or county intermediate punishment where

25

the sentence is restrictive and the individual is

26

sentenced to a period of incarceration in a State or

27

county correctional institution or a work release

28

facility; or

29

(iv)  special probation supervised by the

30

Pennsylvania Board of Probation and Parole.

- 32 -

 


1

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

2

appropriate official of the Federal, State or county

3

correctional facility or the Pennsylvania Board of Probation

4

and Parole shall collect and forward the information in

5

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

6

appropriate official shall, in addition, ensure that the

7

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

8

forwarded to the Pennsylvania State Police. The information

9

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

10

registry. With respect to individuals released under

11

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

12

correctional facility shall not release the individual until

13

it receives verification from the Pennsylvania State Police

14

that it has received the information set forth in section

15

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

16

means. With respect to individuals released under paragraph

17

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

18

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

19

correctional institution shall notify the Pennsylvania State

20

Police or the municipal police department with jurisdiction

21

over the facility of the failure to provide the information

22

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

23

the individual.

24

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

25

correctional facility on or after the effective date of

26

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

27

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

28

county or State correctional facility, the individual shall

29

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

30

follows:

- 33 -

 


1

* * *

2

(e.1)  Initial registration for county or Federal

3

probationers on the effective date of this section.--

4

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

5

section, already serving a sentence of county probation, the

6

appropriate office of probation and parole serving the county

7

shall register the individual within 48 hours. The

8

appropriate official of that office shall collect the

9

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

10

information to the Pennsylvania State Police. The

11

Pennsylvania State Police shall ensure that the information 

12

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

13

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

14

registry. If the individual fails to comply, the appropriate

15

official of that office shall notify the Pennsylvania State

16

Police.

17

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

18

section, already under the supervision of Federal probation

19

authorities for a sexually violent offense, the individual

20

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

21

by appearing at an approved registration site within 48 hours

22

of the effective date of this section.

23

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

24

the effective date of this section.--

25

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

26

section, already serving a sentence of county parole, the

27

appropriate office of probation and parole serving the county

28

shall register the individual within 48 hours. The

29

appropriate official of that office shall collect the

30

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

- 34 -

 


1

information to the Pennsylvania State Police. The

2

Pennsylvania State Police shall ensure that the information 

3

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

4

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

5

registry. If the individual fails to comply, the appropriate

6

official of that office shall notify the Pennsylvania State

7

Police.

8

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

9

section, already serving a sentence of State parole, the

10

Pennsylvania Board of Probation and Parole shall register the

11

individual within 48 hours. The appropriate official of

12

Pennsylvania Board of Probation and Parole shall collect the

13

information set forth in section 9799.16(b) from the

14

individual and forward the information to the Pennsylvania

15

State Police. The Pennsylvania State Police shall ensure that

16

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

17

The information in section 9799.16(b) and (c) shall be

18

included in the registry. If the individual fails to comply,

19

the appropriate official of the Pennsylvania Board of

20

Probation and Parole shall notify the Pennsylvania State

21

Police.

22

* * *

23

(h)  Initial registration of juvenile offender or sexually

24

violent delinquent child.--[If the individual is a juvenile

25

offender or a sexually violent delinquent child, the following

26

apply:]

27

(1)  If the individual is a juvenile offender who is

28

adjudicated delinquent by a court on or after the effective

29

date of this section, the following apply:

30

(i)  The court shall require the individual to

- 35 -

 


1

provide the information set forth in section 9799.16(b)

2

to the chief juvenile probation officer of the court as

3

follows:

4

(A)  Except as set forth in clause (B), at the

5

time of disposition under section 6352 (relating to

6

disposition of delinquent child).

7

(B)  At the time the individual is adjudicated

8

delinquent under section 6341 (relating to

9

adjudication) if:

10

(I)  the adjudication of delinquency occurs

11

in any county other than the individual's county

12

of residence; and

13

(II)  the court intends to transfer the

14

individual's case for disposition to the

15

individual's county of residence under section

16

6321(c) (relating to commencement of

17

proceedings).

18

(ii)  The chief juvenile probation officer shall

19

collect the information in section 9799.16(b) and (c) and

20

forward it to the Pennsylvania State Police for inclusion

21

in the registry as directed by the Pennsylvania State

22

Police. If the juvenile offender is, under section

23

6352(a)(3), subject to court-ordered placement in an

24

institution or facility [set forth in section 6352(a)(3)]

25

which provides the juvenile with 24-hour-per-day

26

supervision and care, the institution or facility shall

27

ensure the information provided by the juvenile offender

28

pursuant to section 9799.16(b) is updated to reflect

29

accurate information prior to release. The institution or

30

facility may not release the juvenile offender until it

- 36 -

 


1

receives verification from the Pennsylvania State Police

2

that the information required under section 9799.16(b)

3

and (c) has been entered in the registry.

4

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

5

this section, the individual is a juvenile offender and is

6

subject to the jurisdiction of the court pursuant to a

7

disposition entered under section 6352 and is on probation or

8

the individual is otherwise being supervised in the

9

community, including placement in a foster family home or

10

other residential setting which provides the individual with

11

less than 24-hour-per-day supervision and care, the

12

individual shall provide the information set forth in section

13

9799.16(b) to the chief juvenile probation officer of the

14

court within 30 days of the effective date of this section.

15

The chief juvenile probation officer shall collect the

16

information set forth in section 9799.16(b) and (c) and

17

forward it to the Pennsylvania State Police for inclusion in

18

the registry, as directed by the Pennsylvania State Police.

19

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

20

section, already a juvenile offender and is subject to the

21

jurisdiction of a court pursuant to a disposition entered

22

under section 6352 and is, under section 6352, subject to 

23

court-ordered placement in an institution or facility [set

24

forth in section 6352] which provides the juvenile with 24-

25

hour-per-day supervision and care, the director of the

26

institution or facility or a designee shall make the juvenile

27

offender available for and facilitate the collection of the

28

information set forth in section 9799.16(b) and (c) as

29

directed by the Pennsylvania State Police for inclusion in

30

the registry. The Pennsylvania State Police may require the

- 37 -

 


1

institution or facility to transport the juvenile offender to

2

and from an approved registration site in order to fulfill

3

the requirement of this paragraph. In order to fulfill the

4

requirements of this paragraph, the chief juvenile probation

5

officer of the court shall, within ten days of the effective

6

date of this section, notify the director of the institution

7

or facility and the Pennsylvania State Police that the

8

juvenile offender is required to register under this

9

subchapter. In addition, the institution or facility shall

10

ensure that the information provided by the juvenile offender

11

pursuant to section 9799.16(b) is updated to reflect accurate

12

information prior to release. The juvenile offender may not

13

be released until the institution or facility receives

14

verification from the Pennsylvania State Police that the

15

information required under section 9799.16(b) and (c) has

16

been entered into the registry.

17

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

18

section, already a sexually violent delinquent child and

19

receiving involuntary treatment in the State-owned facility

20

or unit under Chapter 64 (relating to court-ordered

21

involuntary treatment of certain sexually violent persons),

22

the director of the facility or unit or a designee shall make

23

the sexually violent delinquent child available for and

24

facilitate the collection of the information set forth in

25

section 9799.16(b) and (c) as directed by the Pennsylvania

26

State Police for inclusion in the registry. The Pennsylvania

27

State Police may require the facility or unit to transport

28

the sexually violent delinquent child to and from an approved

29

registration site in order to fulfill the requirement of this

30

paragraph. In addition, the facility or unit shall ensure

- 38 -

 


1

that the information provided by the sexually violent

2

delinquent child pursuant to section 9799.16(b) is updated to

3

reflect accurate information prior to release. The facility

4

or unit may not transfer the sexually violent child to

5

outpatient treatment until it has received verification from

6

the Pennsylvania State Police that it has received the

7

information set forth in section 9799.16(b) and (c).

8

(5)  If the individual is, on or after the effective date

9

of this section, determined by the court to be a sexually

10

violent delinquent child and committed for involuntary

11

treatment to the State-owned facility or unit under Chapter

12

64, the following apply:

13

(i)  The court shall require the individual to

14

provide the information set forth in section 9799.16(b)

15

to the chief juvenile probation officer of the court at

16

the time of commitment. The chief juvenile probation

17

officer shall collect and forward the information to the

18

Pennsylvania State Police for inclusion in the registry.

19

The chief juvenile probation officer shall, at the time

20

of commitment, also ensure that the information set forth

21

in section 9799.16(c) is collected and forwarded to the

22

Pennsylvania State Police for inclusion in the registry.

23

The Pennsylvania State Police may require the facility or

24

unit to transport the sexually violent delinquent child

25

to and from an approved registration site in order to

26

fulfill the requirement of initial registration at the

27

time of commitment.

28

(ii)  The facility or unit shall ensure that the

29

information provided by the sexually violent delinquent

30

child pursuant to section 9799.16(b) is updated to

- 39 -

 


1

reflect accurate information prior to transfer to

2

involuntary outpatient treatment pursuant to section

3

6404.1 (relating to transfer to involuntary outpatient

4

treatment) or discharge. The court may not transfer the

5

sexually violent delinquent child to outpatient treatment

6

or discharge the child from the facility or unit until it

7

has received verification from the Pennsylvania State

8

Police that the information required under section

9

9799.16(b) and (c) has been entered in the registry.

10

(i)  Initial registration if convicted or adjudicated

11

delinquent outside Commonwealth.--[The following apply:]

12

(1)  [If the individual is, on or after the effective  

13

date of this section, convicted of a sexually violent offense

14

in another jurisdiction or a foreign country or of a

15

comparable military offense, the] An individual subject to

16

registration under section 9799.13(7), (7.1) or (7.2)

17

(relating to applicability) shall appear in person at an

18

approved registration site to provide the information set

19

forth in section 9799.16(b) to the Pennsylvania State Police

20

within three business days of establishing residence,

21

commencing employment or commencing enrollment as a student

22

within this Commonwealth. In addition, the individual shall

23

comply with the other provisions of this subchapter,

24

including section 9799.15 (relating to period of

25

registration). If the individual fails to establish a

26

residence but nevertheless resides in this Commonwealth, the

27

individual shall register as a transient. The Pennsylvania

28

State Police shall ensure that the information set forth in

29

section 9799.16(c) with respect to the individual is

30

collected and entered in the registry.

- 40 -

 


1

(2)  If the individual is, on or after the effective date

2

of this section, a juvenile offender as defined in paragraph

3

(2) or (3) of the definition of "juvenile offender" in

4

section 9799.12 (relating to definitions), the individual

5

shall appear in person at an approved registration site to

6

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

7

the Pennsylvania State Police within three business days of

8

establishing residence, commencing employment or commencing

9

enrollment as a student within this Commonwealth. In

10

addition, the individual shall comply with the other

11

provisions of this subchapter, including section 9799.15. If

12

the individual fails to establish a residence but

13

nevertheless resides in this Commonwealth, the individual

14

shall register as a transient. The Pennsylvania State Police

15

shall ensure that the information set forth in section

16

9799.16(c) with respect to the individual is collected and

17

entered in the registry.

18

(3)  If the individual is, on or after the effective date

19

of this section, convicted of a sexually violent offense and

20

incarcerated in a Federal correctional institution or being

21

supervised by Federal probation authorities, the individual

22

shall appear in person at an approved registration site to

23

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

24

the Pennsylvania State Police within three business days of

25

establishing residence, commencing employment or commencing

26

enrollment as a student in this Commonwealth. In addition,

27

the individual shall comply with other provisions of this

28

subchapter, including section 9799.15. If the individual

29

fails to establish a residence but nevertheless resides in

30

this Commonwealth, the individual shall register as a

- 41 -

 


1

transient. The Pennsylvania State Police shall ensure that

2

the information set forth in section 9799.16(c) with respect

3

to the individual is collected and entered into the registry.

4

(j)  Former law and [initial] registration.--[If the

5

individual was required to register under this subchapter before

6

the effective date of this section and has not fulfilled the

7

period of registration, the] An individual subject to

8

registration under section 9799.13(3) shall appear at an

9

approved registration site to update registration or, if

10

necessary, to provide the information set forth in section

11

9799.16(b) to the Pennsylvania State Police within 90 days of

12

the effective date of this section. In addition, the individual

13

shall comply with the other provisions of this subchapter,

14

including section 9799.15. If the individual fails to establish

15

a residence, the individual shall register as a transient. The

16

Pennsylvania State Police shall ensure that the information set

17

forth in section 9799.16(c) with respect to the individual is

18

collected and entered in the registry.

19

Section 10.  Sections 9799.20 introductory paragraph,

20

9799.21, 9799.22, 9799.23(a) introductory paragraph and (2),

21

9799.25(b)(1) and (c) introductory paragraph and (1), 9799.26(a)

22

(1)(i) and (ii) and 9799.27(a)(2) and (b), added December 20,

23

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

24

§ 9799.20.  Duty to inform.

25

In order to implement the provisions of section 9799.19

26

(relating to initial registration), as appropriate, the

27

Pennsylvania State Police, the court having jurisdiction over

28

the sexual offender, the chief juvenile probation officer of the

29

court and the appropriate official of the Pennsylvania Board of

30

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

- 42 -

 


1

Department of Public Welfare or a State or county correctional

2

institution shall:

3

* * *  

4

§ 9799.21.  Penalty.

5

(a)  Registration.--An individual set forth in section

6

9799.13 (relating to applicability) may be subject to

7

prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to

8

comply with registration requirements) if the individual fails

9

to:

10

(1)  register with the Pennsylvania State Police as set

11

forth in section 9799.15 (relating to period of

12

registration), 9799.19 (relating to initial registration) or

13

9799.25 (relating to verification by sexual offenders and

14

Pennsylvania State Police);

15

(2)  verify the information provided by the individual or

16

be photographed as provided in sections 9799.15, 9799.19 and

17

9799.25; or

18

(3)  provide accurate information when registering under

19

sections 9799.15, 9799.19 and 9799.25.

20

(b)  Counseling.--A sexually violent predator or sexually

21

violent delinquent child may be subject to prosecution under 18

22

Pa.C.S. § 4915.1 if he fails to comply with section 9799.36

23

(relating to counseling of sexually violent predators).

24

§ 9799.22.  Enforcement.

25

(a)  Failure to comply.--When an individual set forth in

26

section 9799.13 (relating to applicability) fails to comply with

27

section [9799.21(1), (2) or (3)] 9799.19 (relating to initial

28

registration), 9799.21 (relating to penalty) or 9799.36

29

(relating to counseling of sexually violent predators), the

30

Pennsylvania State Police shall either:

- 43 -

 


1

(1)  In cooperation with the district attorney, seek

2

issuance of a warrant for the arrest of the individual and 

3

locate and arrest the individual for violating this section[;

4

or].

5

(2)  [notify] Notify the municipal police department

6

where the individual has a residence, is transient, is

7

employed or is enrolled as a student. The municipal police

8

shall, in cooperation with the district attorney, seek

9

issuance of a warrant for the arrest of the individual and 

10

locate and arrest the individual for violating this section.

11

In municipalities where no municipal police department

12

exists, the Pennsylvania State Police shall proceed under

13

paragraph (1).

14

(b)  When individual cannot be found.--In the event the

15

individual cannot be located, the [Pennsylvania State Police

16

shall] following apply:

17

(1)  [Enter] The Pennsylvania State Police shall enter 

18

information on the Internet website of sexual offenders and

19

in the registry indicating that the individual cannot be

20

located.

21

(2)  [Provide] The Pennsylvania State Police shall  

22

provide information to the National Sex Offender Registry and

23

NCIC to reflect that the individual cannot be located.

24

(3)  [Notify] The Pennsylvania State Police shall notify

25

the United States Marshals Service.

26

(4)  [In cooperation with the district attorney, seek

27

issuance of a warrant for the arrest of the individual.] If a

28

warrant is issued pursuant to this [paragraph] subsection,

29

the [Pennsylvania State Police] police department executing

30

the warrant shall provide information to the National Crime

- 44 -

 


1

Information Center Wanted Person File to reflect that a

2

warrant has been issued for the individual's arrest.

3

(c)  Notice from another jurisdiction.--When another

4

jurisdiction notifies the [Commonwealth] Pennsylvania State

5

Police that a sexual offender has terminated residence,

6

employment or enrollment as a student in that jurisdiction and

7

intends to establish a residence in this Commonwealth, commence

8

employment in this Commonwealth or commence enrollment as a

9

student in this Commonwealth and that sexual offender fails to

10

appear in this Commonwealth to register as provided in section

11

9799.15 (relating to period of registration), the Pennsylvania

12

State Police shall notify the other jurisdiction that the sexual

13

offender failed to appear. This subsection also applies to a

14

transient who fails to appear.

15

(d)  Duty to inform Pennsylvania State Police.--In order to

16

implement [the provisions of section 9799.15 and section 9799.19

17

(relating to initial registration)] this subchapter, the court

18

with jurisdiction over the sexual offender, the chief juvenile

19

probation officer of the court and the appropriate official of

20

the Pennsylvania Board of Probation and Parole, the county

21

office of probation and parole, the Department of Public Welfare

22

or a State or county correctional institution shall inform the

23

Pennsylvania State Police if the individual refuses to provide

24

the information required[. The] by this subchapter so that the 

25

Pennsylvania State Police [shall locate and arrest the

26

individual for a violation of 18 Pa.C.S. § 4915.1 (relating to

27

failure to comply with registration requirements) may comply

28

with this section.

29

§ 9799.23.  Court notification and classification requirements.

30

(a)  Notice to sexual offenders.--At the time of sentencing

- 45 -

 


1

[or], of disposition[,] in the case of a juvenile offender or of 

2

commitment in the case of a sexually violent delinquent child,

3

the court shall inform the sexual offender of the provisions of

4

this subchapter. The court shall:

5

* * *

6

(2)  Specifically inform the sexual offender of:

7

(i)  the duty to register in accordance with sections

8

9799.15 (relating to period of registration), 9799.16(b)

9

(relating to registry), 9799.19 (relating to initial

10

registration) and 9799.25 (relating to verification by

11

sexual offenders and Pennsylvania State Police); and

12

(ii)  the duty to attend counseling in accordance

13

with:

14

(A)  section 9799.36 (relating to counseling of

15

sexually violent predators) if applicable; or

16

(B)  section 6404.2(g) (relating to duration of

17

outpatient commitment and review) if applicable.

18

* * *

19

§ 9799.25.  Verification by sexual offenders and Pennsylvania

20

State Police.

21

* * *

22

(b)  Deadline.--The following apply:

23

(1)  A sexual offender shall appear as required under

24

subsection (a) within ten days [of] before the date

25

designated by the Pennsylvania State Police. Failure to

26

appear within ten days may subject the sexual offender to

27

prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to

28

comply with registration requirements).

29

* * *

30

(c)  Facilitation of verification.--The Pennsylvania State

- 46 -

 


1

Police shall administer and facilitate the process of

2

verification of information, including compliance with

3

counseling in the case of sexually violent predators and

4

sexually violent delinquent children, and photographing the

5

sexual offender by:

6

(1)  Sending a notice by first class United States mail

7

to each sexual offender at the [offender's] last reported

8

[residence or] location[, including a post office box] where

9

the offender receives mail. The notice shall be sent not more

10

than 30 days nor less than 15 days prior to the date a sexual

11

offender is required to appear pursuant to subsection (a).

12

The notice shall remind the sexual offender of the sexual

13

offender's responsibilities under this subchapter, including

14

counseling in the case of sexually violent predators and

15

sexually violent delinquent children, and provide a list of

16

approved registration sites.

17

* * *

18

§ 9799.26.  Victim notification.

19

(a)  Duty to inform victim.--

20

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

21

violent predator or a sexually violent delinquent child, the

22

municipal police department or the Pennsylvania State Police,

23

if no municipal police jurisdiction exists, shall give

24

written notice to the victim when the sexually violent

25

predator or the sexually violent delinquent child registers

26

initially under section 9799.19 (relating to initial

27

registration) or under section 9799.15(g)(2), (3) or (4)

28

(relating to period of registration). The notice shall be

29

given within 72 hours after the sexually violent predator or

30

the sexually violent delinquent child registers or notifies

- 47 -

 


1

the Pennsylvania State Police of current information under

2

section 9799.15(g). The notice shall contain the following

3

information about the sexually violent predator or sexually

4

violent delinquent child:

5

(i)  Name.

6

(ii)  Residence. This subparagraph includes whether

7

the sexually violent predator or sexually violent

8

delinquent child is a transient, in which case the notice

9

shall contain information about the transient's temporary

10

habitat or other temporary place of abode or dwelling,

11

including, but not limited to, a homeless shelter or

12

park. In addition, the notice shall contain a list of

13

places the transient eats, frequents and engages in

14

leisure activities.

15

* * *

16

§ 9799.27.  Other notification.

17

(a)  Notice.--Notwithstanding the provisions of Chapter 63

18

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

19

to criminal history record information), the chief law

20

enforcement officer of the police department of the municipality

21

where a sexually violent predator or sexually violent delinquent

22

child lives or, in the case of a sexually violent predator or

23

sexually violent delinquent child failing to establish a

24

residence and being a transient, the chief law enforcement

25

officer of the police department of the transient's last known

26

habitat, shall be responsible for providing written notice as

27

required under this section. The notice shall contain:

28

* * *

29

(2)  The address of the residence of the individual. If

30

the individual is a transient, written notice under this

- 48 -

 


1

paragraph shall consist of information about the transient's

2

temporary habitat or other temporary place of abode or

3

dwelling, including, but not limited to, a homeless shelter

4

or park, and a list of the places the transient eats,

5

frequents and engages in leisure activities.

6

* * *

7

The notice shall not include any information that might reveal

8

the victim's name, identity and residence.

9

(b)  To whom written notice is provided.--The chief law

10

enforcement officer shall provide written notice under

11

subsection (a) to the following persons:

12

(1)  Neighbors of the sexually violent predator or

13

sexually violent delinquent child. As used in this paragraph:

14

(i)  In the case of a sexually violent predator or

15

sexually violent delinquent child being a transient,

16

"neighbor" includes residents in the area of the

17

transient's last known temporary habitat or other

18

temporary place of abode or dwelling, including, but not

19

limited to, a homeless shelter or park.

20

(ii)  Where the sexually violent predator lives in a

21

common interest community, the term "neighbor" includes

22

the unit owners' association and residents of the common

23

interest community.

24

(2)  The director of the county children and youth agency

25

of the county where the sexually violent predator or sexually

26

violent delinquent child has a residence or, in the case of a

27

sexually violent predator or sexually violent delinquent

28

child failing to establish a residence and being a transient,

29

the director of the county children and youth agency of the

30

county of the sexually violent predator's or sexually violent

- 49 -

 


1

delinquent child's last known temporary habitat or other

2

temporary place of abode or dwelling, including, but not

3

limited to, a homeless shelter or park.

4

(3)  The superintendent of each school district and the

5

equivalent official for each private and parochial school

6

enrolling students up through grade 12 in the municipality

7

where the sexually violent predator or sexually violent

8

delinquent child has a residence or, in the case of a

9

sexually violent predator or sexually violent delinquent

10

child failing to establish a residence and being a transient,

11

the superintendent of each school district and the equivalent

12

official for private and parochial schools enrolling students

13

up through grade 12 in the municipality of the sexually

14

violent predator's or sexually violent delinquent child's

15

last known temporary habitat or other temporary place of

16

abode or dwelling, including, but not limited to, a homeless

17

shelter or park.

18

(4)  The superintendent of each school district and the

19

equivalent official for each private and parochial school

20

located within a one-mile radius of where the sexually

21

violent predator or sexually violent delinquent child has a

22

residence or, in the case of a sexually violent predator or

23

sexually violent delinquent child failing to establish a

24

residence and being a transient, the superintendent of each

25

school district and the equivalent official for each private

26

and parochial school within a one-mile radius of the sexually

27

violent predator's or sexually violent delinquent child's

28

last known temporary habitat or other temporary place of

29

abode or dwelling, including, but not limited to, a homeless

30

shelter or park.

- 50 -

 


1

(5)  The licensee of each certified day-care center and

2

licensed preschool program and owner or operator of each

3

registered family day-care home in the municipality where the

4

sexually violent predator or sexually violent delinquent

5

child has a residence or, in the case of a sexually violent

6

predator or sexually violent delinquent child failing to

7

establish a residence and being a transient, the licensee of

8

each certified day-care center and licensed preschool program

9

and owner or operator of each registered family day-care home

10

in the municipality of the sexually violent predator's or

11

sexually violent delinquent child's last known temporary

12

habitat or other temporary place of abode or dwelling,

13

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

14

(6)  The president of each college, university and

15

community college located within 1,000 feet of where the

16

sexually violent predator or sexually violent delinquent

17

child has a residence or, in the case of a sexually violent

18

predator or sexually violent delinquent child failing to

19

establish a residence and being a transient, the president of

20

each college, university and community college located within

21

1,000 feet of the sexually violent predator's or sexually

22

violent delinquent child's last known temporary habitat or

23

other temporary place of abode or dwelling, including, but

24

not limited to, a homeless shelter or park.

25

* * *

26

Section 11.  Section 9799.28(a)(1)(i) and (ii), (b)(3), (4),

27

(5), (6) and (9) and (e) of Title 42, added December 20, 2011

28

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

29

adding paragraphs to read:

30

§ 9799.28.  Public Internet website.

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1

(a)  Information to be made available through Internet.--The

2

Pennsylvania State Police shall, in the manner and form directed

3

by the Governor:

4

(1)  Develop and maintain a system for making information

5

about individuals convicted of a sexually violent offense,

6

sexually violent predators and sexually violent delinquent

7

children publicly available by electronic means via an

8

Internet website. In order to fulfill its duties under this

9

section, the Pennsylvania State Police shall ensure that the

10

Internet website:

11

(i)  Contains a feature to permit a member of the

12

public to obtain relevant information for an individual

13

convicted of a sexually violent offense, a sexually

14

violent predator or a sexually violent delinquent child

15

by a [single] query of the Internet website based on

16

search criteria including searches for any given zip code

17

or geographic radius set by the user.

18

(ii)  Contains a feature to allow a member of the

19

public to receive electronic notification when an

20

individual convicted of a sexually violent offense,

21

sexually violent predator or sexually violent delinquent

22

child provides information under section 9799.15(g)(2),

23

(3) or (4) (relating to period of registration) [relating

24

to]. This feature shall also allow a member of the public

25

to receive electronic notification when the individual

26

convicted of a sexually violent offense, sexually violent

27

predator or sexually violent delinquent child moves into

28

or out of a geographic area chosen by the user.

29

* * *

30

(b)  Required information.--Notwithstanding Chapter 63

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1

(relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating

2

to criminal history record information), the Internet website

3

shall contain the following information regarding an individual

4

convicted of a sexually violent offense, a sexually violent

5

predator or a sexually violent delinquent child:

6

* * *

7

(3)  Street address, [city,] municipality other than

<--

8

county, county, State and zip code of residences and intended

9

residences. In the case of an individual convicted of a

10

sexually violent offense, a sexually violent predator or a

11

sexually violent delinquent child who fails to establish a

12

residence and is therefore a transient, the Internet website

13

shall contain information about the transient's temporary

14

habitat or other temporary place of abode or dwelling,

15

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

16

addition, the Internet website shall contain a list of places

17

the transient eats, frequents and engages in leisure

18

activities.

19

(4)  Street address, [city,] municipality other than

<--

20

county, county, State and zip code of any location at which

21

an individual convicted of a sexually violent offense, a

22

sexually violent predator or a sexually violent delinquent

23

child is enrolled as a student.

24

(5)  Street address, [city,] municipality other than

<--

25

county, county, State and zip code of a fixed location where

26

an individual convicted of a sexually violent offense, a

27

sexually violent predator or a sexually violent delinquent

28

child is employed. If an individual convicted of a sexually

29

violent offense, a sexually violent predator or a sexually

30

violent delinquent child is not employed at a fixed address,

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1

the information shall include [general travel routes and]

2

general areas of work.

3

(6)  Current facial photograph of an individual convicted

4

of a sexually violent offense, a sexually violent predator or

5

a sexually violent delinquent child. This paragraph requires,

6

if available, the last eight facial photographs taken of the

7

individual and the date each photograph was entered into the

8

registry.

9

* * *

10

(9)  [The sexually violent offense] Offense for which

11

[an] the individual [convicted of a sexually violent offense,

<--

12

a sexually violent predator or a sexually violent delinquent

13

child] is registered under this subchapter and other sexually

<--

14

violent offenses for which the individual was convicted.

15

* * *

16

(12)  Date on which the individual convicted of a

<--

17

sexually violent offense, a sexually violent predator or a

18

sexually violent delinquent child is made active within the

19

registry and date when the individual most recently updated

20

his registration information.

<--

21

(13)  Indication as to whether the individual is a

22

sexually violent predator, sexually violent delinquent child

23

or convicted of a Tier I, Tier II or Tier III sexual offense.

24

(14)  If applicable, indication that an individual

25

convicted of a sexually violent offense, a sexually violent

<--

26

predator or a sexually violent delinquent child is

27

incarcerated or committed or is a transient.

<--

28

* * *

29

(e)  Duration of posting.--The information listed in

30

subsection (b) shall be made available on the Internet website

- 54 -

 


1

unless[:

2

(1)  An] The an individual [convicted of a sexually

<--

3

violent offense, a sexually violent predator or a sexually

4

violent delinquent child] is deceased[, in which case the

<--

5

Internet website shall contain a notice of the death.

6

(2)  An individual convicted of a sexually violent

7

offense, a sexually violent predator or a sexually violent

8

delinquent child has terminated residence, has terminated

9

employment or has terminated enrollment as a student within

10

this Commonwealth, in which case the Internet website shall

11

contain a notice indicating such information] or is no longer

12

required to register under this subchapter.

13

Section 12.  Sections 9799.32(3), 9799.34(2), 9799.36(a) and

14

9799.41 of Title 42, added December 20, 2011 (P.L.446, No.111),

15

are amended to read:

16

§ 9799.32.  Pennsylvania State Police.

17

The Pennsylvania State Police have the following duties:

18

* * *

19

(3)  To write [regulations] guidelines regarding neighbor

20

notification under section 9799.27(b)(1) (relating to other

21

notification).

22

* * *

23

§ 9799.34.  Duties of facilities housing sexual offenders.

24

The Department of Corrections, a county correctional

25

facility, an institution or facility set forth in section

26

6352(a)(3) (relating to disposition of delinquent child) and the

27

separate, State-owned facility or unit established under Chapter

28

64 (relating to court-ordered involuntary treatment of certain

29

sexually violent persons) shall have the following duties:

30

* * *

- 55 -

 


1

(2)  On a form prescribed by the Pennsylvania State

2

Police, to notify the Pennsylvania State Police each time a

3

sexual offender is incarcerated, committed or released,

4

including supervised release [or transfer to another

5

correctional institution or facility or institution, in]. In 

6

the case of a juvenile offender or sexually violent

7

delinquent child, the facility shall notify the Pennsylvania

8

State Police each time the individual is committed, released

9

or transferred to another facility or institution. This

10

paragraph shall include a community corrections center or

11

community contract facility.

12

* * *

13

§ 9799.36.  Counseling of sexually violent predators.

14

(a)  General rule.--A sexually violent predator who is not

15

incarcerated shall be required to attend at least monthly

16

counseling sessions in a program approved by the board and be

17

financially responsible for all fees assessed from the

18

counseling sessions. The board shall monitor the compliance of

19

the sexually violent predator. If the sexually violent predator

20

can prove to the satisfaction of the court that the sexually

21

violent predator cannot afford to pay for the counseling

22

sessions, the sexually violent predator shall nonetheless attend

23

the counseling sessions, and the parole office shall pay the

24

requisite fees.

25

* * *

26

§ 9799.41.  Expiration.

27

The following provisions shall expire [one year after the

28

effective date of this section] December 20, 2012:

29

Section 9718.3 (relating to sentence for failure to

30

comply with registration of sexual offenders).

- 56 -

 


1

Section 9791 (relating to legislative findings and

2

declaration of policy).

3

Section 9792 (relating to definitions).

4

Section 9795.1 (relating to registration).

5

Section 9795.2 (relating to registration procedures and

6

applicability).

7

Section 9795.3 (relating to sentencing court

8

information).

9

Section 9795.4 (relating to assessments).

10

Section 9795.5 (relating to exemption from certain

11

notifications).

12

Section 9796 (relating to verification of residence).

13

Section 9797 (relating to victim notification).

14

Section 9798 (relating to other notification).

15

Section 9798.1 (relating to information made available on

16

the Internet and electronic notification).

17

Section 9798.2 (relating to administration).

18

Section 9798.3 (relating to global positioning system

19

technology).

20

Section 9799 (relating to immunity for good faith

21

conduct).

22

Section 9799.1 (relating to duties of Pennsylvania State

23

Police).

24

Section 9799.2 (relating to duties of Pennsylvania Board

25

of Probation and Parole).

26

Section 9799.3 (relating to board).

27

Section 9799.4 (relating to counseling of sexually

28

violent predators).

29

Section 9799.7 (relating to exemption from notification

30

for certain licensees and their employees).

- 57 -

 


1

Section 9799.8 (relating to annual performance audit).

2

Section 9799.9 (relating to photographs and

3

fingerprinting).

4

Section 13.  The General Assembly finds and declares that,

5

under principles of statutory construction, the effective date

6

of section 18(2) of the act of December 20, 2011 (P.L.446,

7

No.111), is December 20, 2012.

8

Section 14.  This act shall take effect as follows:

9

(1)  The amendment or addition of the following

10

provisions of Title 18 shall take effect December 20, 2012:

11

(i)  Section 4915.1(b) and (c.1).

12

(ii)  Section 9123(a) introductory paragraph and

13

(a.1).

14

(2)  The amendment or addition of the following

15

provisions of Title 42 shall take effect December 20, 2012:

16

(i)  Section 6358(a).

17

(ii)  Section 6403(a)(2).

18

(iii)  Section 6404.2(g)

19

(iv)  Section 9799.10(2) and (3).

20

(v)  The definitions of "approved registration site,"

21

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

22

predator" in section 9799.12.

23

(vi)  Section 9799.13.

24

(vii)  Section 9799.14(b)(12), (21) and (23), (c)(9),

25

(12) and (17) and (d)(12), (13) and (15).

26

(viii)  Section 9799.15(a)(1), (4), (4.1) and (7),

27

(c), (f), (g), (h) and (j).

28

(ix)  Section 9799.16(b)(5) and (6), (c) introductory

29

paragraph and (d).

30

(x)  Section 9799.17.

- 58 -

 


1

(xi)  Section 9799.18(a)(4), (5) and (6) and (d)(1).

2

(xii)  Section 9799.19(b), (b.1) introductory

3

paragraph, (e.1), (e.2), (h), (i) and (j).

4

(xiii)  Section 9799.20 introductory paragraph.

5

(xiv)  Section 9799.21.

6

(xv)  Section 9799.22.

7

(xvi)  Section 9799.23(a) introductory paragraph and

8

(2).

9

(xvii)  Section 9799.25(b)(1) and (c) introductory

10

paragraph and (1).

11

(xviii)  Section 9799.26(a)(1)(i) and (ii).

12

(xix)  Section 9799.27(a)(2) and (b).

13

Section 9799.28 (a)(1)(i) and (ii), (b)(3), (4), (5),

14

(6), (9), (12), (13) and (14) and (e).

15

(xx)  Section 9799.34(2).

16

(xxi)  Section 9799.36(a).

17

(2.1)  The following provisions shall take effect July 1,

<--

18

2012, or immediately, whichever is later:

19

(i)  The amendment of paragraph (3) of the definition

20

of "child" in 42 Pa.C.S. § 6302.

21

(ii)  The addition of 42 Pa.C.S. § 6351(e)(3)(iii),

22

(f)(8.1) and (8.2) and (j).

23

(3)  The remainder of this act shall take effect

24

immediately.  

- 59 -