THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, RAFFERTY, WARD, ALLOWAY, FONTANA, BROWNE, BOSCOLA, MENSCH, SCARNATI, FARNESE AND TARTAGLIONE, JUNE 28, 2011

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, OCTOBER 25, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

Relations), 42 (Judiciary and Judicial Procedure), 44 (Law

and Justice) and 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, extensively revising provisions

relating to registration of sexual offenders pursuant to

<--

Federal mandate the treatment, classification, sentencing and

<--

registration of sexual offenders; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3130(a) introductory paragraph and (1)

<--

and (b), 3141 and 4915 of Title 18 of the Pennsylvania

Consolidated Statutes are amended to read:

Section 1.  Sections 2901, 2902, 2903, 3122.1, 3124.2,

<--

3130(a) introductory paragraph and (1) and (b), 3141, 4302, 4915

and 5902(c) of Title 18 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 2901.  Kidnapping.

(a)  Offense defined.--[A] Except as provided for in

subsection (a.1), a person is guilty of kidnapping if he

unlawfully removes another a substantial distance under the

circumstances from the place where he is found, or if he

unlawfully confines another for a substantial period in a place

of isolation, with any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or

hostage.

(2)  To facilitate commission of any felony or flight

thereafter.

(3)  To inflict bodily injury on or to terrorize the

victim or another.

(4)  To interfere with the performance by public

officials of any governmental or political function.

(a.1)  Kidnapping of a minor.--A person is guilty of

kidnapping of a minor if he unlawfully removes a person under 18

years of age a substantial distance under the circumstances from

the place where he is found, or if he unlawfully confines

another for a substantial period in a place of isolation, with

any of the following intentions:

(1)  To hold for ransom or reward, or as a shield or

hostage.

(2)  To facilitate commission of any felony or flight

thereafter.

(3)  To inflict bodily injury on or to terrorize the

victim or another.

(4)  To interfere with the performance by public

officials of any governmental or political function.

(b)  Grading.--Kidnapping [is a felony] and kidnapping of a

minor are both felonies of the first degree. A removal or

confinement is unlawful within the meaning of this section if it

is accomplished by force, threat or deception, or, in the case

of a person who is under the age of 14 years or an incapacitated

person, if it is accomplished without the consent of a parent,

guardian or other person responsible for general supervision of

his welfare.

§ 2902.  Unlawful restraint.

(a)  Offense defined.--[A person commits an offense] Except

as provided for under subsection (b), a person commits a

misdemeanor of the first degree if he knowingly:

(1)  restrains another unlawfully in circumstances

exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary

servitude.

[(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under subsection (a) is a misdemeanor of the first degree.

(2)  If the victim of the offense is an individual under

18 years of age, an offense under subsection (a) is a felony

of the second degree.]

(b)  Unlawful restraint of a minor.--If the victim is a

person under 18 years of age, a person commits a felony of the

second degree if he knowingly:

(1)  restrains another unlawfully in circumstances

exposing him to risk of serious bodily injury; or

(2)  holds another in a condition of involuntary

servitude.

§ 2903.  False imprisonment.

(a)  Offense defined.--[A person commits an offense] Except

as provided for under subsection (b), a person commits a

misdemeanor of the second degree if he knowingly restrains

another unlawfully so as to interfere substantially with his

liberty.

[(b)  Grading.--

(1)  Except as provided in paragraph (2), an offense

under subsection (a) is a misdemeanor of the second degree.

(2)  If the victim of the offense is an individual under

18 years of age, an offense under subsection (a) is a felony

of the second degree.]

(b)  False imprisonment of a minor.--If the victim is a

person under 18 years of age, a person commits a felony of the

second degree if he knowingly restrains another unlawfully so as

to interfere substantially with his liberty.

§ 3122.1.  Statutory sexual assault.

(a)  Felony of the second degree.--Except as provided in

section 3121 (relating to rape), a person commits a felony of

the second degree when that person engages in sexual intercourse

with a complainant to whom the person is not married who is 

under the age of 16 years and that person is either:

(1)  four [or more] years older but not more than seven

years older than the complainant [and the complainant and the

person are not married to each other.]; or

(2)  eight years older but not more than ten years older

than the complainant.

(b)  Felony of the first degree.--A person commits a felony

of the first degree when that person engages in sexual

intercourse with a complainant under the age of 16 years and

that person is 11 or more years older than the complainant and

the complainant and the person are not married to each other.

§ 3124.2.  Institutional sexual assault.

(a)  General rule.--Except as provided under subsection (a.1)

and in sections 3121 (relating to rape), 3122.1 (relating to

statutory sexual assault), 3123 (relating to involuntary deviate

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

3125 (relating to aggravated indecent assault), a person who is

an employee or agent of the Department of Corrections or a

county correctional authority, youth development center, youth

forestry camp, State or county juvenile detention facility,

other licensed residential facility serving children and youth,

or mental health or mental retardation facility or institution

commits a felony of the third degree when that person engages in

sexual intercourse, deviate sexual intercourse or indecent

contact with an inmate, detainee, patient or resident.

(a.1)  Institutional sexual assault of a minor.--If the

inmate, detainee, patient or resident is a person under 18 years

of age, a person who is an employee or agent of the Department

of Corrections or a county correctional authority, youth

development center, youth forestry camp, State or county

juvenile detention facility, other licensed residential facility

serving children and youth or a mental health or a mental

retardation facility or institution commits a felony of the

third degree when that person engages in sexual intercourse,

deviate sexual intercourse or indecent contact with an inmate,

detainee, patient or resident.

(b)  Definition.--As used in this section, the term "agent"

means a person who is assigned to work in a State or county

correctional or juvenile detention facility, a youth development

center, youth forestry camp, other licensed residential facility

serving children and youth, or mental health or mental

retardation facility or institution who is employed by any State

or county agency or any person employed by an entity providing

contract services to the agency.

§ 3130.  Conduct relating to sex offenders.

(a)  Offense defined.--A person commits a felony of the third

degree if the person has reason to believe that a sex offender

is not complying with or has not complied with the requirements

of the sex offender's probation or parole, imposed by statute or

court order, or with the registration requirements of 42 Pa.C.S.

[§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H (relating to registration of

sexual offenders), and the person, with the intent to assist the

sex offender in eluding a law enforcement agent or agency that

is seeking to find the sex offender to question the sex offender

about, or to arrest the sex offender for, noncompliance with the

requirements of the sex offender's probation or parole or the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H:

(1)  withholds information from or does not notify the

law enforcement agent or agency about the sex offender's

noncompliance with the requirements of parole, the

requirements of 42 Pa.C.S. [§ 9795.2] Ch. 97 Subch. H or, if

known, the sex offender's whereabouts;

* * *

(b)  Definition.--As used in this section, the term "sex

offender" means a person who is required to register with the

Pennsylvania State Police pursuant to the provisions of 42

Pa.C.S. [§ 9795.1 (relating to registration)] Ch. 97 Subch. H.

§ 3141.  General rule.

A person:

(1)  convicted under section 3121 (relating to rape),

3122.1 (relating to statutory sexual assault), 3123 (relating

to involuntary deviate sexual intercourse), 3124.1 (relating

to sexual assault), 3125 (relating to aggravated indecent

assault) or 3126 (relating to indecent assault); or

(2)  required to register with the Pennsylvania State

Police under 42 Pa.C.S. [§ 9795.2 (relating to registration

procedures and applicability)] Ch. 97 Subch. H (relating to

registration of sexual offenders);

may be required to forfeit property rights in any property or

assets used to implement or facilitate commission of the crime

or crimes of which the person has been convicted. Such property

may include, but is not limited to, a computer or computers,

telephone equipment, firearms, licit or illicit prescription

drugs or controlled substances, a motor vehicle or such other

property or assets as determined by the court of common pleas to

have facilitated the person's criminal misconduct.

§ 4302.  Incest.

<--

[A] (a)  General rule.--Except as provided for under

subsection (b), a person is guilty of incest, a felony of the

second degree, if that person knowingly marries or cohabits or

has sexual intercourse with an ancestor or descendant, a brother

or sister of the whole or half blood or an uncle, aunt, nephew

or niece of the whole blood. [The relationships referred to in

this section include blood relationships without regard to

legitimacy, and relationship of parent and child by adoption.]

(b)  Incest of a minor.--A person is guilty of incest of a

minor, a felony of the second degree, if that person knowingly

marries, cohabits with or has sexual intercourse with a

complainant who is an ancestor or descendant, a brother or

sister of the whole or half blood or an uncle, aunt, nephew or

niece of the whole blood and:

(1)  is under the age of 13 years; or

(2)  is 13 to 18 years of age and the person is four or

more years older than the complainant.

(c)  Relationships.--The relationships referred to in this

section include blood relationships without regard to

legitimacy, and relationship of parent and child by adoption.

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

(a)  Offense defined.--An individual who is subject to

registration under 42 Pa.C.S. [§ 9795.1(a) (relating to

registration) or an individual who is subject to registration

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H

(relating to registration of sexual offenders) commits an

offense if he knowingly fails to:

(1)  register with the Pennsylvania State Police or

report a change in registration information as required under

42 Pa.C.S. [§ 9795.2 (relating to registration procedures and

applicability)] Ch. 97 Subch. H;

(2)  verify his address or registration information or be

photographed as required under 42 Pa.C.S. [§ 9796 (relating

to verification of residence)] Ch. 97 Subch. H; or

(3)  provide accurate information when registering [under

42 Pa.C.S. § 9795.2], reporting a change in registration or

verifying an address or registration information as required 

under 42 Pa.C.S. [§ 9796] Ch. 97 Subch. H.

(b)  Grading for Class 1 and Class 2 sexual offenders [who

must register for ten years].--

(2)  Except as set forth in paragraph (3), [an individual] a

Class 1 sexual offender or Class 2 sexual offender subject to

registration under 42 Pa.C.S. [§ 9795.1(a)] Ch. 97 Subch. H who

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

of the third degree.

(3)  [An individual] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H who commits a violation of

subsection (a)(1) or (2) and who has previously been

convicted of an offense under subsection (a)(1) or (2) or a

similar offense commits a felony of the second degree.

(4)  [An individual] A Class 1 sexual offender or Class 2

sexual offender subject to registration under 42 Pa.C.S. [§

9795.1(a)] Ch. 97 Subch. H who violates subsection (a)(3)

commits a felony of the second degree.

(c)  Grading for Class 3 sexual offenders and sexually

violent predators [and others with lifetime registration].--

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

individual] a Class 3 sexual offender or sexually violent

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

9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who commits a

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

second degree.

(3)  [An individual] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who

commits a violation of subsection (a)(1) or (2) and who has

previously been convicted of an offense under subsection (a)

(1) or (2) or a similar offense commits a felony of the first

degree.

(4)  [An individual] A Class 3 sexual offender or

sexually violent predator subject to registration under 42

Pa.C.S. [§ 9795.1(b)(1), (2) or (3)] Ch. 97 Subch. H who

violates subsection (a)(3) commits a felony of the first

degree.

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

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

information pursuant to 42 Pa.C.S. [§ 9796(a.1) or (b.1)] Ch. 97

Subch. H shall be a defense to a prosecution commenced against

an individual arising from a violation of this section. The

provisions of 42 Pa.C.S. § [9796(a.1) and (b.1)] 9799.20

(relating to verification of registration information) are not

an element of an offense under this section.

(e)  Arrests for violation.--

(1)  A police officer shall have the same right of arrest

without a warrant as in a felony whenever the police officer

has probable cause to believe an individual has committed a

violation of this section regardless of whether the violation

occurred in the presence of the police officer.

(2)  An individual arrested for a violation of this

section shall be afforded a preliminary arraignment by the

proper issuing authority without unnecessary delay. In no

case may the individual be released from custody without

first having appeared before the issuing authority.

(3)  Prior to admitting an individual arrested for a

violation of this section to bail, the issuing authority

shall require all of the following:

(i)  The individual must be fingerprinted and

photographed in the manner required by 42 Pa.C.S. Ch. 97

Subch. H (relating to registration of sexual offenders).

(ii)  The [individual must provide the Pennsylvania

State Police with all current or intended residences, all

information concerning current or intended employment,

including all employment locations, and all information

concerning current or intended enrollment as a student.] 

following apply:

(A)  If an individual previously registered with

the Pennsylvania State Police, the individual shall

update registration information.

(B)  If an individual did not previously register

with the Pennsylvania State Police, the individual

shall register under 42 Pa.C.S. Ch. 97 Subch. H.

(iii)  Law enforcement must make reasonable attempts

to verify the information provided by the individual.

(f)  [Definition] Definitions.--As used in this section, [the

term "a similar offense" means an offense similar to an offense

under either subsection (a)(1) or (2) under the laws of this

Commonwealth, the United States or one of its territories or

possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation.] the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Class 1 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 1

out-of-State offender.

"Class 2 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 2

out-of-State offender.

"Class 3 sexual offender."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions). The term includes a Class 3

out-of-State offender.

"Out-of-State offender."  As defined in 42 Pa.C.S. § 9799.12

(relating to definitions).

"Sexually violent predator."  As defined in 42 Pa.C.S. §

9799.12 (relating to definitions).

"Similar offense."  An offense similar to an offense under

either subsection (a)(1) or (2) under the laws of the United

States or one of its territories or possessions, another state,

the District of Columbia, a federally recognized Indian tribe or

a foreign nation.

§ 5902.  Prostitution and related offenses.

<--

* * *

(c)  Grading of offenses under subsection (b).--

(1)  An offense under subsection (b) constitutes a felony

of the third degree if:

(i)  the offense falls within paragraphs (b)(1), (b)

(2) or (b)(3);

(ii)  the actor compels another to engage in or

promote prostitution;

(iii)  the actor promotes prostitution of a [child

under the age of 16 years] person under 18 years of age,

whether or not he is aware of the age of the child;

(iv)  the actor promotes prostitution of his spouse,

child, ward or any person for whose care, protection or

support he is responsible; or

(v)  the person knowingly promoted prostitution of

another who was HIV positive or infected with the AIDS

virus.

(2)  Otherwise the offense is a misdemeanor of the second

degree.

* * *

Section 2.  Section 6707(2)(ii) of Title 23 is amended to

read:

§ 6707.  Agency use of designated address.

State and local government agencies shall accept the

substitute address designated on a valid program participation

card issued to the program participant by the Office of Victim

Advocate as the program participant's address except as follows:

* * *

(2)  when the program participant is any of the

following:

* * *

(ii)  a convicted sexual offender who has fulfilled

the offender's sentence but must register the offender's

community residence as required under 42 Pa.C.S. [§§

9795.1 (relating to registration) and 9795.2 (relating to

registration procedures and applicability)] Ch. 97 Subch.

H (relating to registration of sexual offenders) or any

similar registration requirement imposed by any other

jurisdiction.

Section 2.1.  Sections 6358(a) and (b) and 6403(a)(2), (b)(3)

<--

and (d) of Title 42 are amended to read:

§ 6358.  Assessment of delinquent children by the State Sexual

Offenders Assessment Board.

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

delinquent for an act of sexual violence which if committed by

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

rape), 3123 (relating to involuntary deviate sexual

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

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

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

to an institution or other facility pursuant to section 6352

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

any such institution or facility upon attaining 20 years of age

shall be subject to an assessment by the board.

(b)  Duty of probation officer.--Ninety days prior to the

20th birthday of the child, the probation officer shall have the

duty to notify the board of the status of the delinquent child

and the institution or other facility where the child is

presently committed. The probation officer shall assist the

board in obtaining access to the child and any information

required by the board to perform the assessment, including, but

not limited to, the child's official court record and the

child's complete juvenile probation file.

* * *

§ 6403.  Court-ordered involuntary treatment.

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

be subject to court-ordered commitment for involuntary treatment

under this chapter if the person:

* * *

(2)  Has been committed to an institution or other

facility pursuant to section 6352 (relating to disposition of

delinquent child) and remains in [the] any such institution

or [other] facility upon attaining 20 years of age.

* * *

(b)  Procedures for initiating court-ordered involuntary

commitment.--

* * *

(3)  The court shall set a date for the hearing which

shall be held within 30 days of the filing of the petition

pursuant to paragraph (1) and direct the person to appear for

the hearing. A copy of the petition and notice of the hearing

date shall be served on the person, the attorney who

represented the person at the most recent dispositional

review hearing pursuant to section 6358(e) and the county

solicitor or a designee and shall be provided to the director

of the facility operated by the department under section

6406(a) (relating to duty of Department of Public Welfare).

The person and the attorney who represented the person shall,

along with copies of the petition, also be provided with

written notice advising that the person has the right to

counsel and that, if he cannot afford one, counsel shall be

appointed for the person.

* * *

(d)  Determination and order.--Upon a finding by clear and

convincing evidence that the person has a mental abnormality or

personality disorder which results in serious difficulty in

controlling sexually violent behavior that makes the person

likely to engage in an act of sexual violence, an order shall be

entered directing the immediate commitment of the person for

[inpatient] involuntary inpatient treatment to a facility

designated by the department. The order shall be in writing and

shall be consistent with the protection of the public safety and

the appropriate control, care and treatment of the person. An

appeal shall not stay the execution of the order. If the court

does not order the person to be committed for involuntary

inpatient treatment by the department, the court shall order the

director of the facility operated by the department under

section 6406(a) to destroy the facility's copy of the petition

and the assessment.

Section 2.2.  Section 6404 heading, (b)(2) and (c) heading,

(1), (3) and (4) of Title 42 are amended, subsection (c) is

amended by adding paragraphs and the section is amended by

adding a subsection to read:  

§ 6404.  Duration of inpatient commitment and review.

* * *

(b)  Annual review.--

* * *

(2)  The court shall schedule a review hearing which

shall be conducted pursuant to section 6403(c) (relating to

court-ordered involuntary treatment) and which shall be held

no later than 30 days after receipt of both the evaluation

and the assessment under paragraph (1). Notice of the review

hearing shall be provided to the person, the attorney who

represented the person at the previous hearing held pursuant

to this subsection or section 6403, the district attorney and

the county solicitor or a designee. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person. If the court determines by clear and convincing

evidence that the person continues to have serious difficulty

controlling sexually violent behavior in an inpatient setting 

due to a mental abnormality or personality disorder that

makes the person likely to engage in an act of sexual

violence, the court shall order an additional period of

involuntary inpatient treatment of one year; otherwise, the

court shall order the [discharge of] department, in

consultation with the board, to develop an outpatient

treatment plan for the person. The order shall be in writing

and shall be consistent with the protection of the public

safety and appropriate control, care and treatment of the

person.

(c)  [Discharge] Outpatient treatment plan.--

(1)  If at any time the director or a designee of the

facility to which the person was committed concludes the

person no longer has serious difficulty in controlling

sexually violent behavior in an inpatient setting, the

director shall petition the court for a hearing. Notice of

the petition shall be given to the person, the attorney who

represented the person at the previous hearing held pursuant

to subsection (b) or section 6403, the board, the district

attorney and the county solicitor. The person and the

person's attorney shall also be provided with written notice

advising that the person has the right to counsel and that,

if he cannot afford one, counsel shall be appointed for the

person.

* * *

(3)  Within 15 days after the receipt of the assessment

from the board, the court shall hold a hearing pursuant to

section 6403(c). If the court determines by clear and

convincing evidence that the person continues to have serious

difficulty controlling sexually violent behavior in an

inpatient setting due to a mental abnormality or personality

disorder that makes the person likely to engage in an act of

sexual violence, the court shall order that the person be

subject to the remainder of the period of inpatient 

commitment[. Otherwise,]; otherwise the court shall order the

[discharge of] department, in consultation with the board, to

develop an outpatient treatment plan for the person.

(4)  The department shall provide the person with notice

of the person's right to petition the court for [discharge]

transfer to involuntary outpatient treatment over the

objection of the department. The court, after review of the

petition, may schedule a hearing pursuant to section 6403(c).

(5)  An outpatient treatment plan shall be in writing and

shall identify the specific entity that will provide each

clinical and support service identified in the plan.

(6)  The department shall provide a copy of the

outpatient treatment plan to the court, the person, the

attorney who represented the person at the most recent

hearing under section 6403, the board, the district attorney

and the county solicitor or a designee.

(d)  Prohibition on discharge.--The court shall not order

discharge from involuntary treatment until the person has

completed involuntary outpatient treatment pursuant to section

6404.2 (relating to outpatient commitment and review).

Section 2.3.  Title 42 is amended by adding sections to read:

§ 6404.1.  Transfer to involuntary outpatient treatment.

The court may approve or disapprove an outpatient treatment

plan. Upon approval of an outpatient treatment plan, the court

shall order transfer of the person to involuntary outpatient

treatment under section 6404.2 (relating to outpatient

commitment and review).

§ 6404.2.  Outpatient commitment and review.

(a)  Terms and conditions.--If a court has ordered the

transfer of the person to involuntary outpatient treatment under

section 6404.1 (relating to transfer to involuntary outpatient

treatment), the court may in its discretion specify the terms

and conditions of the outpatient commitment, including:

(1)  Absolute compliance with the outpatient treatment

plan.

(2)  Restrictions and requirements regarding the location

of the person's residence and the times the person must be

physically present there.

(3)  Restrictions and requirements regarding areas the

person is not permitted to visit.

(4)  Restrictions and requirements regarding whom the

person may contact in any medium.

(5)  Periodic polygraph tests.

(b)  Duration.--The court shall order involuntary outpatient

treatment for a period of one year.

(c)  Status reports.--An involuntary outpatient treatment

provider shall submit a report on the person's status and

clinical progress, on a form prescribed by the department, to

the facility operated by the department under section 6406(a)

(relating to duty of Department of Public Welfare) not less than

every 30 days.

(d)  Failure to comply.--If an involuntary outpatient

treatment provider becomes aware that the person has violated

any provision of the treatment plan or any term or condition

specified under subsection (a), the provider shall immediately

notify the facility operated by the department under 

section 6406(a). The facility shall notify the court by the

close of the next business day.

(e)  Revocation of transfer.--Upon receiving notice under 

subsection (d) that the person has violated a term or condition

of transfer specified under subsection (a), the court may in its

discretion revoke the transfer to involuntary outpatient

treatment and order the immediate return to involuntary

inpatient treatment without a prior hearing. The court may issue

a warrant requiring any law enforcement officer or any person

authorized by the court to take the person into custody and

return him or her to involuntary inpatient treatment. The person

may file a written request for a hearing after revocation of the

transfer to involuntary treatment. The court shall conduct a

hearing under section 6403(c) (relating to court-ordered

involuntary treatment) within ten days of filing of the request.

(f)  Annual review.--

(1)  Sixty days prior to the expiration of the one-year

outpatient commitment period, the director of the facility or

a designee shall submit an evaluation and the board shall

submit an assessment of the person to the court.

(2)  The court shall schedule a review hearing which

shall be conducted under section 6403(c) and which shall be

held no later than 30 days after receipt of both the

evaluation and the assessment under paragraph (1). Notice of

the review hearing shall be provided to the person, the

attorney who represented the person at the previous hearing

held under section 6403, the district attorney and the county

solicitor or a designee. The person and the person's attorney

shall be provided with written notice advising that the

person has the right to counsel and that, if he cannot afford

one, counsel shall be appointed for the person.

(3)  If the court determines by clear and convincing

evidence that the person has serious difficulty controlling

sexually violent behavior due to a mental abnormality or

personality disorder that makes the person likely to engage

in an act of sexual violence, the court shall order an

additional period of involuntary inpatient or outpatient

treatment of one year, otherwise the court shall order the

discharge of the person. The order shall be in writing and

shall be consistent with the protection of the public safety

and appropriate control, care and treatment of the person.

(g)  Discharge.--

(1)  If the director or a designee of the facility

operated by the department under section 6406(a) concludes

the person no longer has serious difficulty in controlling

sexually violent behavior, the director shall petition the

court for a hearing. Notice of the petition shall be given to

the person, the attorney who represented the person at the

previous hearing held under section 6403, the board, the

district attorney and the county solicitor. The person and

the person's attorney shall also be provided with written

notice advising that the person has the right to counsel and

that, if he cannot afford one, counsel shall be appointed for

the person.

(2)  Upon receipt of notice under paragraph (1), the

board shall conduct a new assessment within 30 days and

provide that assessment to the court.

(3)  Within 15 days after the petition has been filed,

the court shall hold a hearing under section 6403(c). If the

court determines the person no longer has serious difficulty

controlling sexually violent behavior, the court shall order

the discharge of the person. If the court denies the

petition, the person shall be subject to the remainder of the

period of outpatient commitment.

(h)  Notice.--The involuntary outpatient treatment provider

shall provide the person with notice of the person's right to

petition the court for discharge. The court, after review of the

petition, may schedule a hearing under section 6403(c).

Section 2.4.  Section 6406(a) of Title 42 is amended to read:

§ 6406.  Duty of Department of Public Welfare.

(a)  General rule.--The department shall have the duty to

provide a separate, secure State-owned facility or unit utilized

solely for the control, care and treatment of persons committed

pursuant to this chapter. The department shall be responsible

for all costs relating to the control, care and treatment of

persons committed to [custody] involuntary treatment pursuant to

this chapter.

* * *

Section 2.5.  Section 6409 of Title 42 is amended by adding a

paragraph to read:

§ 6409.  Immunity for good faith conduct.

The following entities shall be immune from liability for

good faith conduct under this subchapter:

* * *

(4)  Providers of involuntary outpatient treatment and

their agents and employees.

Section 3.  Sections 9718.1(a) introductory paragraph and

(b)(2), 9718.2(a) and 9718.3(a) of Title 42 are amended to read:

§ 9718.1.  Sexual offender treatment.

(a)  General rule.--A person, including an offender

designated as a "sexually violent predator" as defined in

section [9792] 9799.12 (relating to definitions), shall attend

and participate in a Department of Corrections program of

counseling or therapy designed for incarcerated sex offenders if

the person is incarcerated in a State institution for any of the

following provisions under 18 Pa.C.S. (relating to crimes and

offenses):

* * *

(b)  Eligibility for parole.--For an offender required to

participate in the program under subsection (a), all of the

following apply:

* * *

(2)  Notwithstanding paragraph (1)(iii), an offender who

is a sexually violent predator is subject to section [9799.4] 

9799.31 (relating to counseling of sexually violent

predators).

* * *

§ 9718.2.  Sentences for sex offenders.

(a)  Mandatory sentence.--

(1)  Any person who is convicted in any court of this

Commonwealth of an offense [set forth in] subject to section

[9795.1(a) or (b)] 9799.13 (relating to registration) shall,

if at the time of the commission of the current offense the

person had previously been convicted of an offense [set forth

in] subject to section [9795.1(a) or (b)] 9799.13 or an

equivalent crime under the laws of this Commonwealth in

effect at the time of the commission of that offense or an

equivalent crime in another jurisdiction, be sentenced to a

minimum sentence of at least 25 years of total confinement,

notwithstanding any other provision of this title or other

statute to the contrary. Upon such conviction, the court

shall give the person oral and written notice of the

penalties under paragraph (2) for a third conviction. Failure

to provide such notice shall not render the offender

ineligible to be sentenced under paragraph (2).

(2)  Where the person had at the time of the commission

of the current offense previously been convicted in separate

criminal actions of two or more offenses [arising from

separate criminal transactions set forth in section 9795.1(a)

or (b)] subject to section 9799.13 9799.30 (relating to

<--

counseling of sexually violent predators) or equivalent

crimes under the laws of this Commonwealth in effect at the

time of the commission of the offense or equivalent crimes in

another jurisdiction, the person shall be sentenced to a term

of life imprisonment, notwithstanding any other provision of

this title or other statute to the contrary. Proof that the

offender received notice of or otherwise knew or should have

known of the penalties under this paragraph shall not be

required.

* * *

§ 9718.3.  Sentence for failure to comply with registration of

sexual offenders.

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

follows:

(1)  Sentencing upon conviction for a first offense shall

be as follows:

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

(A)  was subject to:

(I)  former section 9795.1(a) (relating to

registration);

(II)  registration as a Class 1 sexual

offender or Class 2 sexual offender under Subch.

H (relating to registration of sexual offenders); 

or

(III)  a similar provision from another

jurisdiction; and

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

(relating to failure to comply with registration of

sexual offenders requirements).

(ii)  Not less than three years for an individual

who:

(A)  was subject to:

(I)  former section 9795.1(a) [(relating to

registration)];

(II)  registration as a Class 1 sexual

offender or Class 2 sexual offender under Subch.

H; or

(III)  a similar provision from another

jurisdiction; and

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

(iii)  Not less than three years for an individual

who:

(A)  was subject to:

(I)  former section 9795.1(b);

(II)  registration as a Class 3 sexual

offender or sexually violent predator under

Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

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

(A)  was subject to:

(I)  former section 9795.1(b);

(II)  registration as a Class 3 sexual

offender or sexually violent predator under

Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

(2)  Sentencing upon conviction for a second or

subsequent offense shall be as follows:

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

(A)  was subject to:

(I)  former section 9795.1;

(II)  registration under Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

(ii)  Not less than seven years for an individual

who:

(A)  was subject to:

(I)  section 9795.1;

(II)  registration under Subch. H; or

(III)  a similar provision from another

jurisdiction; and

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

* * *

Section 4.  Sections 9791, 9792, 9795.1, 9795.2, 9795.3,

9795.4, 9795.5, 9796, 9797, 9798, 9798.1, 9798.2, 9798.3, 9799,

9799.1, 9799.2, 9799.3, 9799.4, 9799.7,. 9799.8 and 9799.9 of

Title 42 are repealed:

[§ 9791.  Legislative findings and declaration of policy.

(a)  Legislative findings.--It is hereby determined and

declared as a matter of legislative finding:

(1)  If the public is provided adequate notice and

information about sexually violent predators and certain

other offenders, the community can develop constructive plans

to prepare themselves and their children for the offender's

release. This allows communities to meet with law enforcement

to prepare and obtain information about the rights and

responsibilities of the community and to provide education

and counseling to their children.

(2)  These sexually violent predators pose a high risk of

engaging in further offenses even after being released from

incarceration or commitments and that protection of the

public from this type of offender is a paramount governmental

interest.

(3)  The penal and mental health components of our

justice system are largely hidden from public view and lack

of information from either may result in failure of both

systems to meet this paramount concern of public safety.

(4)  Overly restrictive confidentiality and liability

laws governing the release of information about sexually

violent predators have reduced the willingness to release

information that could be appropriately released under the

public disclosure laws and have increased risks to public

safety.

(5)  Persons found to have committed such an offense have

a reduced expectation of privacy because of the public's

interest in public safety and in the effective operation of

government.

(6)  Release of information about sexually violent

predators to public agencies and the general public will

further the governmental interests of public safety and

public scrutiny of the criminal and mental health systems so

long as the information released is rationally related to the

furtherance of those goals.

(b)  Declaration of policy.--It is hereby declared to be the

intention of the General Assembly to protect the safety and

general welfare of the people of this Commonwealth by providing

for registration and community notification regarding sexually

violent predators who are about to be released from custody and

will live in or near their neighborhood. It is further declared

to be the policy of this Commonwealth to require the exchange of

relevant information about sexually violent predators among

public agencies and officials and to authorize the release of

necessary and relevant information about sexually violent

predators to members of the general public as a means of

assuring public protection and shall not be construed as

punitive.

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

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

context clearly indicates otherwise:

"Active notification."  Notification pursuant to section 9798

(relating to other notification) or any process whereby law

enforcement, pursuant to the laws of the United States or one of

its territories or possessions, another state, the District of

Columbia, the Commonwealth of Puerto Rico or a foreign nation,

notifies persons in the community in which the individual

resides, including any person identified in section 9798(b), of

the residence, employment or school location of the individual.

"Approved registration site."  A site in this Commonwealth

approved by the Pennsylvania State Police as required by section

9799.1(2) (relating to duties of Pennsylvania State Police):

(1)  at which individuals subject to this subchapter may

register, verify information or be fingerprinted or

photographed as required by this subchapter;

(2)  which is capable of submitting fingerprints

utilizing the Integrated Automated Fingerprint Identification

System or in another manner and in such form as the

Pennsylvania State Police shall require; and

(3)  which is capable of submitting photographs utilizing

the Commonwealth Photo Imaging Network or in another manner

and in such form as the Pennsylvania State Police shall

require.

"Board."  The State Sexual Offenders Assessment Board.

"Common interest community."  Includes a cooperative, a

condominium and a planned community where an individual by

virtue of an ownership interest in any portion of real estate is

or may become obligated by covenant, easement or agreement

imposed upon the owner's interest to pay any amount for real

property taxes, insurance, maintenance, repair, improvement,

management, administration or regulation of any part of the real

estate other than the portion or interest owned solely by the

individual.

"Commonwealth Photo Imaging Network."  The computer network

administered by the Commonwealth and used to record and store

digital photographs of an individual's face and any scars,

marks, tattoos or other unique features of the individual.

"Employed."  Includes a vocation or employment that is full-

time or part-time for a period of time exceeding 14 days or for

an aggregate period of time exceeding 30 days during any

calendar year, whether financially compensated, volunteered,

pursuant to a contract or for the purpose of government or

educational benefit.

"Integrated Automated Fingerprint Identification System."

The national fingerprint and criminal history system maintained

by the Federal Bureau of Investigation providing automated

fingerprint search capabilities, latent searching capability,

electronic image storage and electronic exchange of fingerprints

and responses.

"Mental abnormality."  A congenital or acquired condition of

a person that affects the emotional or volitional capacity of

the person in a manner that predisposes that person to the

commission of criminal sexual acts to a degree that makes the

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

"Minor."  As used in section 9795.1 (relating to

registration), is any individual under the age of 18 unless the

age of the victim who is considered a minor is otherwise defined

in section 9795.1.

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

township.

"Offender."  An individual required to register under section

9795.1(a), (b)(1) or (2) (relating to registration).

"Passive notification."  Notification pursuant to section

9798.1 (relating to information made available on the Internet)

or any process whereby persons, pursuant to the laws of the

United States or one of its territories or possessions, another

state, the District of Columbia, the Commonwealth of Puerto Rico

or a foreign nation, are able to access information pertaining

to an individual as a result of the individual having been

convicted or sentenced by a court for an offense similar to an

offense listed in section 9795.1 (relating to registration).

"Penetration."  Includes any penetration, however slight, of

the genitals or anus or mouth of another person with a part of

the person's body or a foreign object for any purpose other than

good faith medical, hygienic or law enforcement procedures.

"Predatory."  An act directed at a stranger or at a person

with whom a relationship has been initiated, established,

maintained or promoted, in whole or in part, in order to

facilitate or support victimization.

"Residence."  A location where an individual resides or is

domiciled or intends to be domiciled for 30 consecutive days or

more during a calendar year.

"Sexually violent offense."  Any criminal offense specified

in section 9795.1 (relating to registration).

"Sexually violent predator."  A person who has been convicted

of a sexually violent offense as set forth in section 9795.1

(relating to registration) and who is determined to be a

sexually violent predator under section 9795.4 (relating to

assessments) due to a mental abnormality or personality disorder

that makes the person likely to engage in predatory sexually

violent offenses. The term includes an individual determined to

be a sexually violent predator where the determination occurred

in the United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico, a foreign nation or by court martial.

"Student."  A person who is enrolled on a full-time or part-

time basis in any public or private educational institution,

including any secondary school, trade or professional

institution or institution of higher education.

§ 9795.1.  Registration.

(a)  Ten-year registration.--The following individuals shall

be required to register with the Pennsylvania State Police for a

period of ten years:

(1)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 2901 (relating to kidnapping) where the

victim is a minor.

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure).

18 Pa.C.S. § 3124.2 (relating to institutional sexual

assault).

18 Pa.C.S. § 3126 (relating to indecent assault)

where the offense is graded as a misdemeanor of the first

degree or higher.

18 Pa.C.S. § 4302 (relating to incest) where the

victim is 12 years of age or older but under 18 years of

age.

18 Pa.C.S. § 5902(b) (relating to prostitution and

related offenses) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

obscene and other sexual materials and performances)

where the victim is a minor.

18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

(2)  Individuals convicted of an attempt, conspiracy or

solicitation to commit any of the offenses under paragraph

(1) or subsection (b)(2).

(3)  Individuals currently residing in this Commonwealth

who have been convicted of offenses similar to the crimes

cited in paragraphs (1) and (2) under the laws of the United

States or one of its territories or possessions, another

state, the District of Columbia, the Commonwealth of Puerto

Rico or a foreign nation or under a former law of this

Commonwealth.

(b)  Lifetime registration.--The following individuals shall

be subject to lifetime registration:

(1)  An individual with two or more convictions of any of

the offenses set forth in subsection (a).

(2)  Individuals convicted of any of the following

offenses:

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate

sexual intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 4302 (relating to incest) when the

victim is under 12 years of age.

(3)  Sexually violent predators.

(4)  Individuals currently residing in this Commonwealth

who have been convicted of offenses similar to the crimes

cited in paragraph (2) under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation or under a former law of this Commonwealth.

(c)  Natural disaster.--The occurrence of a natural disaster

or other event requiring evacuation of residences shall not

relieve an individual of the duty to register or any other duty

imposed by this chapter.

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or upon the commencement of a

sentence of intermediate punishment or probation. For

purposes of registration, offenders and sexually violent

predators shall provide the Pennsylvania State Police with

all current or intended residences, all information

concerning current or intended employment and all information

concerning current or intended enrollment as a student.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

for a period of time that will exceed 14 days or for an

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(2.1)  Registration with a new law enforcement agency

shall occur no later than 48 hours after establishing

residence in another state.

(3)  The ten-year registration period required in section

9795.1(a) (relating to registration) shall be tolled when an

offender is recommitted for a parole violation or sentenced

to an additional term of imprisonment. In such cases, the

Department of Corrections or county correctional facility

shall notify the Pennsylvania State Police of the admission

of the offender.

(4)  This paragraph shall apply to all offenders and

sexually violent predators:

(i)  Where the offender or sexually violent predator

was granted parole by the Pennsylvania Board of Probation

and Parole or the court or is sentenced to probation or

intermediate punishment, the board or county office of

probation and parole shall collect registration

information from the offender or sexually violent

predator and forward that registration information to the

Pennsylvania State Police. The Department of Corrections

or county correctional facility shall not release the

offender or sexually violent predator until it receives

verification from the Pennsylvania State Police that it

has received the registration information. Verification

by the Pennsylvania State Police may occur by electronic

means, including e-mail or facsimile transmission. Where

the offender or sexually violent predator is scheduled to

be released from a State correctional facility or county

correctional facility because of the expiration of the

maximum term of incarceration, the Department of

Corrections or county correctional facility shall collect

the information from the offender or sexually violent

predator no later than ten days prior to the maximum

expiration date. The registration information shall be

forwarded to the Pennsylvania State Police.

(ii)  Where the offender or sexually violent predator

scheduled to be released from a State correctional

facility or county correctional facility due to the

maximum expiration date refuses to provide the

registration information, the Department of Corrections

or county correctional facility shall notify the

Pennsylvania State Police or police department with

jurisdiction over the facility of the failure to provide

registration information and of the expected date, time

and location of the release of the offender or sexually

violent predator.

(b)  Individuals convicted or sentenced by a court or

adjudicated delinquent in jurisdictions outside this

Commonwealth or sentenced by court martial.--

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

student in this Commonwealth and who has been convicted of or

sentenced by a court or court martialed for a sexually

violent offense or a similar offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

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

register under a sexual offender statute in the jurisdiction

where convicted, sentenced or court martialed, shall register

at an approved registration site within 48 hours of the

individual's arrival in this Commonwealth. The provisions of

this subchapter shall apply to the individual as follows:

(i)  If the individual has been classified as a

sexually violent predator as defined in section 9792

(relating to definitions) or determined under the laws of

the other jurisdiction or by reason of court martial to

be subject to active notification and lifetime

registration on the basis of a statutorily authorized

administrative or judicial decision or on the basis of a