HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 1449, 1715, 1778

PRINTER'S NO.  1821

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1183

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 5, 2011   

  

  

  

AN ACT

  

1

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

<--

2

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

3

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

4

Consolidated Statutes, extensively revising provisions

5

relating to the treatment, classification, sentencing and

6

registration of sexual offenders; further providing for

7

obscene and other sexual materials and performances; and

8

making editorial changes.

9

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

<--

10

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

11

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

12

Consolidated Statutes, extensively revising provisions

13

relating to registration of sexual offenders pursuant to

14

Federal mandate; and making editorial changes.

15

The General Assembly of the Commonwealth of Pennsylvania

16

hereby enacts as follows:

17

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

<--

18

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

19

Title 18 of the Pennsylvania Consolidated Statutes are amended

20

to read:

21

§ 2901.  Kidnapping.

22

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

 


1

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

2

unlawfully removes another a substantial distance under the

3

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

4

unlawfully confines another for a substantial period in a place

5

of isolation, with any of the following intentions:

6

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

7

hostage.

8

(2)  To facilitate commission of any felony or flight

9

thereafter.

10

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

11

victim or another.

12

(4)  To interfere with the performance by public

13

officials of any governmental or political function.

14

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

15

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

16

years of age a substantial distance under the circumstances from

17

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

18

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

19

any of the following intentions:

20

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

21

hostage.

22

(2)  To facilitate commission of any felony or flight

23

thereafter.

24

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

25

victim or another.

26

(4)  To interfere with the performance by public

27

officials of any governmental or political function.

28

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

29

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

30

confinement is unlawful within the meaning of this section if it

- 2 -

 


1

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

2

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

3

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

4

guardian or other person responsible for general supervision of

5

his welfare.

6

§ 2902.  Unlawful restraint.

7

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

8

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

9

misdemeanor of the first degree if he knowingly:

10

(1)  restrains another unlawfully in circumstances

11

exposing him to risk of serious bodily injury; or

12

(2)  holds another in a condition of involuntary

13

servitude.

14

[(b)  Grading.--

15

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

16

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

17

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

18

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

19

of the second degree.]

20

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

21

person under 18 years of age, a person who is not the victim's

22

parent commits a felony of the second degree if he knowingly:

23

(1)  restrains another unlawfully in circumstances

24

exposing him to risk of serious bodily injury; or

25

(2)  holds another in a condition of involuntary

26

servitude.

27

§ 2903.  False imprisonment.

28

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

29

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

30

misdemeanor of the second degree if he knowingly restrains

- 3 -

 


1

another unlawfully so as to interfere substantially with his

2

liberty.

3

[(b)  Grading.--

4

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

5

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

6

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

7

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

8

of the second degree.]

9

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

10

person under 18 years of age, a person who is not the victim's

11

parent commits a felony of the second degree if he knowingly

12

restrains another unlawfully so as to interfere substantially

13

with his liberty.

14

§ 3122.1.  Statutory sexual assault.

15

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

16

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

17

the second degree when that person engages in sexual intercourse

18

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

19

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

20

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

21

years older than the complainant [and the complainant and the

22

person are not married to each other.]; or

23

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

24

than the complainant.

25

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

26

of the first degree when that person engages in sexual

27

intercourse with a complainant under the age of 16 years and

28

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

29

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

30

§ 3124.2.  Institutional sexual assault.

- 4 -

 


1

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

2

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

3

statutory sexual assault), 3123 (relating to involuntary deviate

4

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

5

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

6

an employee or agent of the Department of Corrections or a

7

county correctional authority, youth development center, youth

8

forestry camp, State or county juvenile detention facility,

9

other licensed residential facility serving children and youth,

10

or mental health or mental retardation facility or institution

11

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

12

sexual intercourse, deviate sexual intercourse or indecent

13

contact with an inmate, detainee, patient or resident.

14

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

15

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

16

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

17

of Corrections or a county correctional authority, youth

18

development center, youth forestry camp, State or county

19

juvenile detention facility, other licensed residential facility

20

serving children and youth or a mental health or a mental

21

retardation facility or institution commits a felony of the

22

third degree when that person engages in sexual intercourse,

23

deviate sexual intercourse or indecent contact with an inmate,

24

detainee, patient or resident.

25

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

26

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

27

correctional or juvenile detention facility, a youth development

28

center, youth forestry camp, other licensed residential facility

29

serving children and youth, or mental health or mental

30

retardation facility or institution who is employed by any State

- 5 -

 


1

or county agency or any person employed by an entity providing

2

contract services to the agency.

3

§ 3130.  Conduct relating to sex offenders.

4

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

5

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

6

is not complying with or has not complied with the requirements

7

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

8

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

9

[§ 9795.2 (relating to registration procedures and

10

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

11

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

12

sex offender in eluding a law enforcement agent or agency that

13

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

14

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

15

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

16

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

17

(1)  withholds information from or does not notify the

18

law enforcement agent or agency about the sex offender's

19

noncompliance with the requirements of parole, the

20

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

21

known, the sex offender's whereabouts;

22

* * *

23

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

24

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

25

Pennsylvania State Police pursuant to the provisions of 42

26

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

27

§ 3141.  General rule.

28

A person:

29

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

30

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

- 6 -

 


1

to involuntary deviate sexual intercourse), 3124.1 (relating

2

to sexual assault), 3125 (relating to aggravated indecent

3

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

4

(2)  required to register with the Pennsylvania State

5

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

6

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

7

registration of sexual offenders);

8

may be required to forfeit property rights in any property or

9

assets used to implement or facilitate commission of the crime

10

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

11

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

12

telephone equipment, firearms, licit or illicit prescription

13

drugs or controlled substances, a motor vehicle or such other

14

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

15

have facilitated the person's criminal misconduct.

16

§ 4302.  Incest.

17

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

18

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

19

second degree, if that person knowingly marries or cohabits or

20

has sexual intercourse with an ancestor or descendant, a brother

21

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

22

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

23

this section include blood relationships without regard to

24

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

25

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

26

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

27

marries, cohabits with or has sexual intercourse with a

28

complainant who is an ancestor or descendant, a brother or

29

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

30

niece of the whole blood and:

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1

(1)  is under the age of 13 years; or

2

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

3

more years older than the complainant.

4

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

5

section include blood relationships without regard to

6

legitimacy, and relationship of parent and child by adoption.

7

Section 1.1.  Section 4501 of Title 18 is amended by adding

8

definitions to read:

9

§ 4501.  Definitions.

10

Subject to additional definitions contained in subsequent

11

provisions of this article which are applicable to specific

12

chapters or other provisions of this article, the following

13

words and phrases, when used in this article shall have, unless

14

the context clearly indicates otherwise, the meanings given to

15

them in this section:

16

* * *

17

"Registration information."  As defined in 42 Pa.C.S. § 9792

18

(relating to definitions).

19

"Sex offender registration law."  As defined in 42 Pa.C.S. §

20

9792 (relating to definitions).

21

Section 1.2.  Section 4915(a) introductory paragraph, (2) and

22

(3), (b) and (c) of Title 18 are amended, subsection (a) is

23

amended by adding a paragraph and the section is amended by

24

adding a subsection to read:

25

§ 4915.  Failure to comply with registration of sexual offenders

26

requirements.

27

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

28

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

29

registration) or [an individual who is subject to registration

30

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to

- 8 -

 


1

registration under former 42 Pa.C.S § 9793 (relating to

2

registration of certain offenders for ten years) commits an

3

offense if he knowingly fails to:

4

* * *

5

(2)  verify his [address] registration information or be

6

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

7

verification of [residence] registration information); [or]

8

(3)  provide accurate information when registering,

9

verifying or updating registration information under 42

10

Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] 

11

9796; or

12

(4)  comply with any sexual offender counseling

13

conditions imposed by 42 Pa.C.S. § 9799.4 (relating to

14

counseling of sexually violent predators) as a result of

15

being designated a sexually violent predator or imposed under

16

a sex offender registration statute following conviction in

17

another jurisdiction.

18

(b)  Grading for offenders [who must register for ten years] 

19

without lifetime registration.--

20

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

21

subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1)

22

or former 42 Pa.C.S. § 9793, and required to register as an

23

offender for a period of time less than lifetime, who commits

24

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

25

the third degree.

26

(3)  An individual subject to registration under 42

27

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

28

required to register as an offender for a period of time less

29

than lifetime, who commits a violation of subsection (a)(1)

30

or (2) and who has previously been convicted of an offense

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1

under subsection (a)(1) or (2) or a similar offense commits a

2

felony of the second degree.

3

(4)  An individual subject to registration under 42

4

Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and

5

required to register as an offender for a period of time less

6

than lifetime, who violates subsection (a)(3) commits a

7

felony of the second degree.

8

(c)  Grading for sexually violent predators and others with

9

lifetime registration.--

10

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

11

subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) 

12

or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required

13

to register as a sexually violent predator or as an offender

14

for life, who commits a violation of subsection (a)(1) or (2)

15

commits a felony of the second degree.

16

(3)  An individual subject to registration under 42

17

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

18

Pa.C.S. § 9793, and required to register as a sexually

19

violent predator or as an offender for life, who commits a

20

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

21

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

22

or a similar offense commits a felony of the first degree.

23

(4)  An individual subject to registration under 42

24

Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42

25

Pa.C.S. § 9793, and required to register as a sexually

26

violent predator or as an offender for life, who violates

27

subsection (a)(3) commits a felony of the first degree.

28

(5)  An individual subject to registration under 42

29

Pa.C.S. § 9795.1(b) and required to register as a sexually

30

violent predator who violates subsection (a)(4) commits a

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1

felony of the third degree.

2

* * *

3

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

4

the effective date of this subsection.

5

Section 1.3.  Title 18 is amended by adding a section to

6

read:

7

§ 4915.1.  Failure to comply with registration of sexual

8

offenders requirements.

9

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

10

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to

11

registration of sexual offenders) commits an offense if he

12

knowingly fails to:

13

(1)  register with the Pennsylvania State Police or

14

report a change in registration information as required under

15

42 Pa.C.S. Ch. 97 Subch. H;

16

(2)  verify his address or registration information or be

17

photographed as required under 42 Pa.C.S. Ch. 97 Subch. H; or

18

(3)  provide accurate information when registering,

19

reporting a change in registration or verifying an address or

20

registration information as required under 42 Pa.C.S. Ch. 97

21

Subch. H.

22

(b)  Grading for Class 1 and Class 2 sexual offenders.--

23

(1)  Except as set forth in paragraph (3), a Class 1

24

sexual offender or Class 2 sexual offender subject to

25

registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a

26

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

27

third degree.

28

(2)  A Class 1 sexual offender or Class 2 sexual offender

29

subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who

30

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

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1

previously been convicted of an offense under subsection (a)

2

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

3

second degree.

4

(3)  A Class 1 sexual offender or Class 2 sexual offender

5

subject to registration under 42 Pa.C.S. Ch. 97 Subch. H who

6

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

7

degree.

8

(c)  Grading for Class 3 sexual offenders and sexually

9

violent predators.--

10

(1)  Except as set forth in paragraph (3), a Class 3

11

sexual offender or sexually violent predator subject to

12

registration under 42 Pa.C.S. Ch. 97 Subch. H who commits a

13

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

14

second degree.

15

(2)  A Class 3 sexual offender or sexually violent

16

predator subject to registration under 42 Pa.C.S. Ch. 97

17

Subch. H who commits a violation of subsection (a)(1) or (2)

18

and who has previously been convicted of an offense under

19

subsection (a)(1) or (2) or a similar offense commits a

20

felony of the first degree.

21

(3)  A Class 3 sexual offender or sexually violent

22

predator subject to registration under 42 Pa.C.S. Ch. 97

23

Subch. H who violates subsection (a)(3) commits a felony of

24

the first degree.

25

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

26

Pennsylvania State Police to send nor failure of a sexually

27

violent predator or offender to receive any notice or

28

information pursuant to 42 Pa.C.S. Ch. 97 Subch. H shall be a

29

defense to a prosecution commenced against an individual arising

30

from a violation of this section. The provisions of 42 Pa.C.S. §

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1

9799.20 (relating to verification of registration information)

2

are not an element of an offense under this section.

3

(e)  Arrests for violation.--

4

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

5

without a warrant as in a felony whenever the police officer

6

has probable cause to believe an individual has committed a

7

violation of this section regardless of whether the violation

8

occurred in the presence of the police officer.

9

(2)  An individual arrested for a violation of this

10

section shall be afforded a preliminary arraignment by the

11

proper issuing authority without unnecessary delay. In no

12

case may the individual be released from custody without

13

first having appeared before the issuing authority.

14

(3)  Prior to admitting an individual arrested for a

15

violation of this section to bail, the issuing authority

16

shall require all of the following:

17

(i)  The individual must be fingerprinted and

18

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

19

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

20

(ii)  The following apply:

21

(A)  If an individual previously registered with

22

the Pennsylvania State Police, the individual shall

23

update registration information.

24

(B)  If an individual did not previously register

25

with the Pennsylvania State Police, the individual

26

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

27

(iii)  Law enforcement must make reasonable attempts

28

to verify the information provided by the individual.

29

(f)  Definitions.--As used in this section, the following

30

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

- 13 -

 


1

subsection unless the context clearly indicates otherwise:

2

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

3

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

4

out-of-State offender.

5

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

6

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

7

out-of-State offender.

8

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

9

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

10

out-of-State offender.

11

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

12

(relating to definitions).

13

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

14

9799.12 (relating to definitions).

15

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

16

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

17

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

18

the District of Columbia, a federally recognized Indian tribe or

19

a foreign nation.

20

Section 1.4.  Sections 5902(c) and 5903(a)(3), (4) and (5) of

21

Title 18 are amended to read:

22

§ 5902.  Prostitution and related offenses.

23

* * *

24

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

25

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

26

of the third degree if:

27

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

28

(2) or (b)(3);

29

(ii)  the actor compels another to engage in or

30

promote prostitution;

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1

(iii)  the actor promotes prostitution of a [child

2

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

3

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

4

(iv)  the actor promotes prostitution of his spouse,

5

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

6

support he is responsible; or

7

(v)  the person knowingly promoted prostitution of

8

another who was HIV positive or infected with the AIDS

9

virus.

10

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

11

degree.

12

* * *

13

§ 5903.  Obscene and other sexual materials and performances.

14

(a)  Offenses defined.--No person, knowing the obscene

15

character of the materials or performances involved, shall:

16

* * *

17

(3)  (i)  design, copy, draw, photograph, print, utter,

18

publish or in any manner manufacture or prepare any

19

obscene materials; or

20

(ii)  design, copy, draw, photograph, print, utter,

21

publish or in any manner manufacture or prepare any

22

obscene materials if the victim is a minor;

23

(4)  (i)  write, print, publish, utter or cause to be

24

written, printed, published or uttered any advertisement

25

or notice of any kind giving information, directly or

26

indirectly, stating or purporting to state where, how,

27

from whom, or by what means any obscene materials can be

28

purchased, obtained or had; or

29

(ii)  write, print, publish, utter or cause to be

30

written, printed, published or uttered any advertisement

- 15 -

 


1

or notice of any kind giving information, directly or

2

indirectly, stating or purporting to state where, how,

3

from whom or by what means any obscene materials can be

4

purchased, obtained or had if the victim is a minor;

5

(5)  (i)  produce, present or direct any obscene

6

performance or participate in a portion thereof that is

7

obscene or that contributes to its obscenity; or

8

(ii)  produce, present or direct any obscene

9

performance or participate in a portion thereof that is

10

obscene or that contributes to its obscenity if the

11

victim is a minor;

12

* * *

13

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

14

read:

15

§ 6707.  Agency use of designated address.

16

State and local government agencies shall accept the

17

substitute address designated on a valid program participation

18

card issued to the program participant by the Office of Victim

19

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

20

* * *

21

(2)  when the program participant is any of the

22

following:

23

* * *

24

(ii)  a convicted sexual offender who has fulfilled

25

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

26

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

27

9795.1 (relating to registration) and 9795.2 (relating to

28

registration procedures and applicability)] Ch. 97 Subch.

29

H (relating to registration of sexual offenders) or any

30

similar registration requirement imposed by any other

- 16 -

 


1

jurisdiction.

2

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

3

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

4

§ 6358.  Assessment of delinquent children by the State Sexual

5

Offenders Assessment Board.

6

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

7

delinquent for an act of sexual violence which if committed by

8

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

9

rape), 3123 (relating to involuntary deviate sexual

10

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

11

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

12

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

13

to an institution or other facility pursuant to section 6352

14

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

15

any such institution or facility upon attaining 20 years of age

16

shall be subject to an assessment by the board.

17

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

18

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

19

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

20

and the institution or other facility where the child is

21

presently committed. The probation officer shall assist the

22

board in obtaining access to the child and any information

23

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

24

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

25

child's complete juvenile probation file.

26

* * *

27

§ 6403.  Court-ordered involuntary treatment.

28

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

29

be subject to court-ordered commitment for involuntary treatment

30

under this chapter if the person:

- 17 -

 


1

* * *

2

(2)  Has been committed to an institution or other

3

facility pursuant to section 6352 (relating to disposition of

4

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

5

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

6

* * *

7

(b)  Procedures for initiating court-ordered involuntary

8

commitment.--

9

* * *

10

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

11

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

12

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

13

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

14

date shall be served on the person, the attorney who

15

represented the person at the most recent dispositional

16

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

17

solicitor or a designee and shall be provided to the director

18

of the facility operated by the department under section

19

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

20

The person and the attorney who represented the person shall,

21

along with copies of the petition, also be provided with

22

written notice advising that the person has the right to

23

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

24

appointed for the person.

25

* * *

26

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

27

convincing evidence that the person has a mental abnormality or

28

personality disorder which results in serious difficulty in

29

controlling sexually violent behavior that makes the person

30

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

- 18 -

 


1

entered directing the immediate commitment of the person for

2

[inpatient] involuntary inpatient treatment to a facility

3

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

4

shall be consistent with the protection of the public safety and

5

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

6

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

7

does not order the person to be committed for involuntary

8

inpatient treatment by the department, the court shall order the

9

director of the facility operated by the department under

10

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

11

and the assessment.

12

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

13

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

14

amended by adding paragraphs and the section is amended by

15

adding a subsection to read:  

16

§ 6404.  Duration of inpatient commitment and review.

17

* * *

18

(b)  Annual review.--

19

* * *

20

(2)  The court shall schedule a review hearing which

21

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

22

court-ordered involuntary treatment) and which shall be held

23

no later than 30 days after receipt of both the evaluation

24

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

25

hearing shall be provided to the person, the attorney who

26

represented the person at the previous hearing held pursuant

27

to this subsection or section 6403, the district attorney and

28

the county solicitor or a designee. The person and the

29

person's attorney shall also be provided with written notice

30

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

- 19 -

 


1

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

2

person. If the court determines by clear and convincing

3

evidence that the person continues to have serious difficulty

4

controlling sexually violent behavior while committed for

5

inpatient treatment due to a mental abnormality or

6

personality disorder that makes the person likely to engage

7

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

8

additional period of involuntary inpatient treatment of one

9

year; otherwise, the court shall order the [discharge of] 

10

department, in consultation with the board, to develop an

11

outpatient treatment plan for the person. The order shall be

12

in writing and shall be consistent with the protection of the

13

public safety and appropriate control, care and treatment of

14

the person.

15

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

16

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

17

facility to which the person was committed concludes the

18

person no longer has serious difficulty in controlling

19

sexually violent behavior in an inpatient setting, the

20

director shall petition the court for a hearing. Notice of

21

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

22

represented the person at the previous hearing held pursuant

23

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

24

attorney and the county solicitor. The person and the

25

person's attorney shall also be provided with written notice

26

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

27

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

28

person.

29

* * *

30

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

- 20 -

 


1

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

2

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

3

convincing evidence that the person continues to have serious

4

difficulty controlling sexually violent behavior while

5

committed for inpatient treatment due to a mental abnormality

6

or personality disorder that makes the person likely to

7

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

8

that the person be subject to the remainder of the period of

9

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

10

order the [discharge of] department, in consultation with the

11

board, to develop an outpatient treatment plan for the

12

person.

13

(4)  The department shall provide the person with notice

14

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

15

transfer to involuntary outpatient treatment over the

16

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

17

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

18

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

19

shall identify the specific entity that will provide each

20

clinical and support service identified in the plan.

21

(6)  The department shall provide a copy of the

22

outpatient treatment plan to the court, the person, the

23

attorney who represented the person at the most recent

24

hearing under section 6403, the board, the district attorney

25

and the county solicitor or a designee.

26

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

27

discharge from involuntary treatment until the person has

28

completed involuntary outpatient treatment pursuant to section

29

6404.2 (relating to outpatient commitment and review).

30

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

- 21 -

 


1

§ 6404.1.  Transfer to involuntary outpatient treatment.

2

The court may approve or disapprove an outpatient treatment

3

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

4

shall order transfer of the person to involuntary outpatient

5

treatment under section 6404.2 (relating to outpatient

6

commitment and review).

7

§ 6404.2.  Outpatient commitment and review.

8

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

9

transfer of the person to involuntary outpatient treatment under

10

section 6404.1 (relating to transfer to involuntary outpatient

11

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

12

and conditions of the outpatient commitment, including:

13

(1)  Absolute compliance with the outpatient treatment

14

plan.

15

(2)  Restrictions and requirements regarding the location

16

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

17

physically present there.

18

(3)  Restrictions and requirements regarding areas the

19

person is not permitted to visit.

20

(4)  Restrictions and requirements regarding whom the

21

person may contact in any medium.

22

(5)  Periodic polygraph tests.

23

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

24

treatment for a period of one year.

25

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

26

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

27

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

28

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

29

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

30

every 30 days.

- 22 -

 


1

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

2

treatment provider becomes aware that the person has violated

3

any provision of the treatment plan or any term or condition

4

specified under subsection (a), or the provider concludes that

5

the person is having serious difficulty controlling sexually

6

violent behavior in an outpatient setting due to a mental

7

abnormality or personality disorder that makes the person likely

8

to engage in an act of sexual violence, the provider shall

9

immediately notify the facility operated by the department under 

10

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

11

close of the next business day.

12

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

13

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

14

condition of transfer specified under subsection (a), or that

15

the person is having serious difficulty controlling sexually

16

violent behavior in an outpatient setting due to a mental

17

abnormality or personality disorder that makes the person likely

18

to engage in an act of sexual violence, the court shall revoke

19

the transfer to involuntary outpatient treatment and order the

20

immediate return to involuntary inpatient treatment without a

21

prior hearing. The court may issue a warrant requiring any law

22

enforcement officer or any person authorized by the court to

23

take the person into custody and return him or her to

24

involuntary inpatient treatment. The person may file a written

25

request for a hearing after revocation of the transfer to

26

involuntary treatment. The court shall conduct a hearing under 

27

section 6403(c) (relating to court-ordered involuntary

28

treatment) within ten days of filing of the request.

29

(f)  Annual review and discharge.--

30

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

- 23 -

 


1

outpatient commitment period, the director of the facility or

2

a designee shall submit an evaluation and the board shall

3

submit an assessment of the person to the court.

4

(2)  The court shall schedule a review hearing which

5

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

6

held no later than 30 days after receipt of both the

7

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

8

the review hearing shall be provided to the person, the

9

attorney who represented the person at the previous hearing

10

held under section 6403, the district attorney and the county

11

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

12

shall be provided with written notice advising that the

13

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

14

one, counsel shall be appointed for the person.

15

(3)  If the court determines by clear and convincing

16

evidence that the person has serious difficulty controlling

17

sexually violent behavior due to a mental abnormality or

18

personality disorder that makes the person likely to engage

19

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

20

additional period of involuntary inpatient treatment of one

21

year, otherwise the court shall order the discharge of the

22

person. The order shall be in writing and shall be consistent

23

with the protection of the public safety and appropriate

24

control, care and treatment of the person.

25

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

26

§ 6406.  Duty of Department of Public Welfare.

27

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

28

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

29

solely for the control, care and treatment of persons committed

30

pursuant to this chapter. The department shall be responsible

- 24 -

 


1

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

2

persons committed to [custody] involuntary treatment pursuant to

3

this chapter.

4

* * *

5

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

6

paragraph to read:

7

§ 6409.  Immunity for good faith conduct.

8

The following entities shall be immune from liability for

9

good faith conduct under this subchapter:

10

* * *

11

(4)  Providers of involuntary outpatient treatment and

12

their agents and employees.

13

Section 3.  Sections 9718.1(a) introductory paragraph and

14

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

15

§ 9718.1.  Sexual offender treatment.

16

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

17

designated as a "sexually violent predator" as defined in

18

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

19

and participate in a Department of Corrections program of

20

counseling or therapy designed for incarcerated sex offenders if

21

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

22

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

23

offenses):

24

* * *

25

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

26

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

27

following apply:

28

* * *

29

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

30

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

- 25 -

 


1

9799.31 (relating to counseling of sexually violent

2

predators).

3

* * *

4

§ 9718.2.  Sentences for sex offenders.

5

(a)  Mandatory sentence.--

6

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

7

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

8

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

9

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

10

person had previously been convicted of an offense [set forth

11

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

12

equivalent crime under the laws of this Commonwealth in

13

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

14

equivalent crime in another jurisdiction, be sentenced to a

15

minimum sentence of at least 25 years of total confinement,

16

notwithstanding any other provision of this title or other

17

statute to the contrary. Upon such conviction, the court

18

shall give the person oral and written notice of the

19

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

20

to provide such notice shall not render the offender

21

ineligible to be sentenced under paragraph (2).

22

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

23

of the current offense previously been convicted in separate

24

criminal actions of two or more offenses [arising from

25

separate criminal transactions set forth in section 9795.1(a)

26

or (b)] subject to section 9799.30 (relating to counseling of

27

sexually violent predators) or equivalent crimes under the

28

laws of this Commonwealth in effect at the time of the

29

commission of the offense or equivalent crimes in another

30

jurisdiction, the person shall be sentenced to a term of life

- 26 -

 


1

imprisonment, notwithstanding any other provision of this

2

title or other statute to the contrary. Proof that the

3

offender received notice of or otherwise knew or should have

4

known of the penalties under this paragraph shall not be

5

required.

6

* * *

7

Section 3.1.  Section 9718.3(a) of Title 42 is amended and

8

the section is amended by adding a subsection to read:

9

§ 9718.3.  Sentence for failure to comply with registration of

10

sexual offenders.

11

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

12

follows:

13

(1)  Sentencing upon conviction for a first offense shall

14

be as follows:

15

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

16

(A)  was subject to registration under section

17

9795.1(a) or (a.1) (relating to registration), former

18

section 9793 (relating to registration of certain

19

offenders for ten years) or a similar provision from

20

another jurisdiction; and

21

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

22

or (4) (relating to failure to comply with

23

registration of sexual offenders requirements).

24

(ii)  Not less than three years for an individual

25

who:

26

(A)  was subject to registration under section

27

9795.1(a) or (a.1), former section 9793 or a similar

28

provision from another jurisdiction; and

29

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

30

(iii)  Not less than three years for an individual

- 27 -

 


1

who:

2

(A)  was subject to registration under section 

3

9795.1(b) or a similar provision from another

4

jurisdiction; and

5

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

6

or (4).

7

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

8

(A)  was subject to registration under section

9

9795.1(b) or a similar provision from another

10

jurisdiction; and

11

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

12

(2)  Sentencing upon conviction for a second or

13

subsequent offense shall be as follows:

14

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

15

(A)  was subject to registration under section

16

9795.1, former section 9793 or a similar provision

17

from another jurisdiction; and

18

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

19

or (4).

20

(ii)  Not less than seven years for an individual

21

who:

22

(A)  was subject to registration under section

23

9795.1, former section 9793 or a similar provision

24

from another jurisdiction; and

25

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

26

* * *

27

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

28

the effective date of this subsection.

29

Section 3.2.  Title 42 is amended by adding a section to

30

read:

- 28 -

 


1

§ 9718.4.  Sentence for failure to comply with registration of

2

sexual offenders.

3

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

4

follows:

5

(1)  Sentencing upon conviction for a first offense shall

6

be as follows:

7

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

8

(A)  was subject to:

9

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

10

registration);

11

(II)  registration as a Class 1 sexual

12

offender or Class 2 sexual offender under Subch.

13

H (relating to registration of sexual offenders);

14

or

15

(III)  a similar provision from another

16

jurisdiction; and

17

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

18

(relating to failure to comply with registration of

19

sexual offenders requirements).

20

(ii)  Not less than three years for an individual

21

who:

22

(A)  was subject to:

23

(I)  former section 9795.1(a);

24

(II)  registration as a Class 1 sexual

25

offender or Class 2 sexual offender under Subch.

26

H; or

27

(III)  a similar provision from another

28

jurisdiction; and

29

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

30

(iii)  Not less than three years for an individual

- 29 -

 


1

who:

2

(A)  was subject to:

3

(I)  former section 9795.1(b);

4

(II)  registration as a Class 3 sexual

5

offender or sexually violent predator under

6

Subch. H; or

7

(III)  a similar provision from another

8

jurisdiction; and

9

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

10

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

11

(A)  was subject to:

12

(I)  former section 9795.1(b);

13

(II)  registration as a Class 3 sexual

14

offender or sexually violent predator under

15

Subch. H; or

16

(III)  a similar provision from another

17

jurisdiction; and

18

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

19

(2)  Sentencing upon conviction for a second or

20

subsequent offense shall be as follows:

21

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

22

(A)  was subject to:

23

(I)  former section 9795.1;

24

(II)  registration under Subch. H; or

25

(III)  a similar provision from another

26

jurisdiction; and

27

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

28

(ii)  Not less than seven years for an individual

29

who:

30

(A)  was subject to:

- 30 -

 


1

(I)  section 9795.1;

2

(II)  registration under Subch. H; or

3

(III)  a similar provision from another

4

jurisdiction; and

5

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

6

(b)  Proof at sentencing.--The provisions of this section

7

shall not be an element of the crime, and notice thereof to the

8

defendant shall not be required prior to conviction, but

9

reasonable notice of the Commonwealth's intention to proceed

10

under this section shall be provided after conviction and before

11

sentencing. The applicability of this section shall be

12

determined at sentencing. The court shall consider any evidence

13

presented at trial and shall afford the Commonwealth and the

14

defendant an opportunity to present any necessary additional

15

evidence and shall determine, by a preponderance of the

16

evidence, if this section is applicable.

17

(c)  Authority of court in sentencing.--There shall be no

18

authority in any court to impose on an offender to which this

19

section is applicable any lesser sentence than provided for in

20

subsection (a) or to place such offender on probation or to

21

suspend sentence. Nothing in this section shall prevent the

22

sentencing court from imposing a sentence greater than that

23

provided in this section. Sentencing guidelines promulgated by

24

the Pennsylvania Commission on Sentencing shall not supersede

25

the mandatory sentences provided in this section.

26

(d)  Appeal by Commonwealth.--If a sentencing court refuses

27

to apply this section where applicable, the Commonwealth shall

28

have the right to appellate review of the action of the

29

sentencing court. The appellate court shall vacate the sentence

30

and remand the case to the sentencing court for imposition of a

- 31 -

 


1

sentence in accordance with this section if it finds that the

2

sentence was imposed in violation of this section.

3

Section 4.  The definitions of "employed," "offender,"

4

"passive notification," "residence" and "sexually violent

5

predator" in section 9792 of Title 42 are amended and the

6

section is amended by adding definitions to read:

7

§ 9792.  Definitions.

8

The following words and phrases when used in this subchapter

9

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

10

context clearly indicates otherwise:

11

* * *

12

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

13

time or part-time for a period of time exceeding [14] four days

14

during a seven-day period or for an aggregate period of time

15

exceeding [30] 14 days during any calendar year, whether

16

financially compensated, volunteered, pursuant to a contract or

17

for the purpose of government or educational benefit.

18

* * *

19

"Habitual locale."  The place where a transient can be

20

habitually located, including locations an individual frequents,

21

or intends to frequent, during the day or night, including, but

22

not limited to, parks, buildings, libraries and homeless

23

shelters.

24

* * *

25

"Offender."  An individual required to register under section

26

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

27

under former section 9793 (relating to registration of certain

28

offenders for ten years). The term includes an individual

29

considered to be an offender under section 9795.2(b) (relating

30

to registration procedures and applicability).

- 32 -

 


1

"Passive notification."  Notification pursuant to section

2

9798.1 (relating to information made available on the Internet

3

and electronic notification) or any process whereby persons,

4

pursuant to the laws of the United States or one of its

5

territories or possessions, another state, the District of

6

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

7

are able to access information pertaining to an individual [as a

8

result of the individual having been convicted or sentenced by a

9

court for an offense similar to an offense listed in section

10

9795.1 (relating to registration)] under a sex offender

11

registration law in that jurisdiction. The term includes a

12

situation in which an individual is required to register under a

13

sex offender registration law in the jurisdiction where

14

convicted, sentenced, court martialed or adjudicated as a

15

juvenile and where access to that registration information is

16

limited to law enforcement only.

17

* * *

18

"Registration information."  Information required under this

19

subchapter to be provided to the Pennsylvania State Police by an

20

offender or a sexually violent predator.

21

"Reside" or "resides."  Has or establishes a residence.

22

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

23

domiciled or intends to be domiciled for 30 consecutive days or

24

more during a calendar year.] The location of an individual's

25

home, an individual's habitual locale or other place where the

26

individual resides or intends to reside for 30 cumulative days

27

or more during a calendar year.

28

"Sex offender registration law."  Any of the following:

29

(1)  This subchapter.

30

(2)  A law in another jurisdiction which requires an

- 33 -

 


1

individual to register with a sex offender registry following

2

conviction or adjudication.

3

* * *

4

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

5

of a sexually violent offense as set forth in section 9795.1

6

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

7

sexually violent predator under section 9795.4 (relating to

8

assessments) due to a mental abnormality or personality disorder

9

that makes the person likely to engage in predatory sexually

10

violent offenses. The term includes:

11

(1)  an individual determined to be a sexually violent

12

predator where the determination occurred in the United

13

States or one of its territories or possessions, another

14

state, the District of Columbia, the Commonwealth of Puerto

15

Rico, a foreign nation or by court martial; and

16

(2)  an individual considered to be a sexually violent

17

predator under section 9795.2(b) (relating to registration

18

procedures and applicability).

19

* * *

20

"Transient."  An offender or out-of-State offender who does

21

not have a residence and is present in this Commonwealth.

22

Section 4.1.  Section 9795.1(a) introductory paragraph of

23

Title 42 is amended, subsection (b) is amended by adding a

24

paragraph and the section is amended by adding a subsection to

25

read:

26

§ 9795.1.  Registration.

27

(a)  Ten-year registration.--[The] Except as set forth in

28

subsection (a.1) or (b), the following individuals shall be

29

required to register with the Pennsylvania State Police for a

30

period of ten years:

- 34 -

 


1

* * *

2

(a.1)  Exception to ten-year registration.--Except as

3

provided under subsection (b), an individual considered to be an

4

offender pursuant to section 9795.2(b) (relating to registration

5

procedures and applicability) shall be required to register with

6

the Pennsylvania State Police for a period less than life, the

7

duration of which is to be determined under section 9795.2(b).

8

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

9

be subject to lifetime registration:

10

* * *

11

(5)  An individual who is considered to be a sexually

12

violent predator under section 9795.2(b) or who is otherwise

13

required to register for life under section 9795.2(b).

14

* * *

15

Section 4.2.  Section 9795.2(a)(1), (2) introductory

16

paragraph, (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4)

17

introductory paragraph and (5) introductory paragraph, (c)(1),

18

(d) and (e) of Title 42 are amended and subsection (a)(2) is

19

amended by adding subparagraphs to read:

20

§ 9795.2.  Registration procedures and applicability.

21

(a)  Registration.--

22

(1)  Offenders and sexually violent predators shall be

23

required to register with the Pennsylvania State Police upon

24

release from incarceration, upon parole from a Federal, State

25

[or], county, municipal or private correctional [institution] 

26

facility or upon the commencement of a sentence of

27

intermediate punishment or probation or any other sentence of

28

nonconfinement. For purposes of registration, offenders and

29

sexually violent predators shall provide the Pennsylvania

30

State Police with all current or intended residences[,]; all

- 35 -

 


1

information concerning current or intended employment [and]; 

2

all information concerning current or intended enrollment as

3

a student[.]; and all information concerning vehicles owned

4

by, or registered to, the offender or sexually violent

5

predator.

6

(2)  For purposes of this paragraph, offenders and

7

sexually violent predators shall appear at an approved

8

registration site to complete the form designated by the

9

Pennsylvania State Police to be used for purposes of

10

complying with this subchapter. In the case of an offender

11

entering or being released or transferred from a residential

12

reentry or correctional facility, the administrator of the

13

facility or his designee shall assist in completing the forms

14

designated by the Pennsylvania State Police to be used for

15

purposes of complying with this subchapter and, immediately

16

upon collection, forward all the forms to the Pennsylvania

17

State Police. Offenders and sexually violent predators shall

18

inform the Pennsylvania State Police within 48 hours of:

19

(i)  Any establishment or change of residence or

20

establishment of an additional residence or residences.

21

(ii)  [Any] Becoming employed or any change of

22

employer or employment location for a period of time that

23

will exceed [14] four days during a seven-day period or

24

for an aggregate period of time that will exceed [30] 14 

25

days during any calendar year, or termination of

26

employment.

27

* * *

28

(iv)  Becoming [employed or] enrolled as a student if

29

the person has not previously provided that information

30

to the Pennsylvania State Police.

- 36 -

 


1

(v)  Entering, being released or transferred from a

2

Federal, State, county, municipal or private correctional

3

facility, including a residential reentry facility, due

4

to arrest, detainer, parole violation, probation

5

violation or sentence of incarceration, if the person's

6

stay exceeds 48 hours.

7

(vi)  No longer residing, being domiciled, employed

8

or being enrolled as a student in this Commonwealth.

9

(2.1)  Registration with a new law enforcement agency

10

shall occur no later than 48 hours after establishing

11

residence in another state or after moving to another state

12

but not establishing a residence there.

13

(3)  The [ten-year] registration period required in

14

section 9795.1(a) and (a.1) (relating to registration) shall

15

be tolled when an offender is [recommitted for a parole

16

violation or sentenced to an additional term of imprisonment] 

17

incarcerated, and all time spent in incarceration shall not

18

be counted toward an offender's registration period. In such

19

cases, the [Department of Corrections or] Federal, State, 

20

county, municipal or private correctional facility shall

21

notify the Pennsylvania State Police of the admission,

22

release and transfer of the offender.

23

(4)  This paragraph shall apply to all offenders and

24

sexually violent predators:

25

(i)  Where the offender or sexually violent predator

26

was granted parole by the Pennsylvania Board of Probation

27

and Parole or the court or is sentenced to probation

28

[or], intermediate punishment or a punishment not

29

involving confinement, the board or county office of

30

probation and parole shall collect registration

- 37 -

 


1

information from the offender or sexually violent

2

predator and forward that registration information to the

3

Pennsylvania State Police. [The Department of Corrections

4

or county] If an offender or a sexually violent predator

5

is incarcerated in a Federal, State, county, municipal or

6

private correctional facility, including a residential

7

reentry facility, the correctional facility shall not

8

release nor transfer the offender or sexually violent

9

predator until it receives verification from the

10

Pennsylvania State Police that [it has received] the

11

registration information has been received. Verification

12

by the Pennsylvania State Police may occur by electronic

13

means, including e-mail or facsimile transmission. Where

14

the offender or sexually violent predator is scheduled to

15

be released from a [State correctional facility or

16

county] correctional facility because of the expiration

17

of the maximum term of incarceration, the [Department of

18

Corrections or county] correctional facility shall

19

collect the information from the offender or sexually

20

violent predator no later than ten days prior to the

21

maximum expiration date. The registration information

22

shall, immediately upon collection, be forwarded to the

23

Pennsylvania State Police.

24

* * *

25

(b)  Individuals convicted or sentenced by a court or

26

adjudicated delinquent in jurisdictions outside this

27

Commonwealth or sentenced by court martial.--

28

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

29

student] is employed, intends to be employed, is a student,

30

intends to be a student, resides or enters this Commonwealth

- 38 -

 


1

with the purpose of establishing a residence in this

2

Commonwealth and who has been convicted of or sentenced by a

3

court or court martialed for a sexually violent offense or a

4

similar offense under the laws of the United States or one of

5

its territories or possessions, another state, the District

6

of Columbia, the Commonwealth of Puerto Rico or a foreign

7

nation, or who was required to register under a sexual

8

offender statute in the jurisdiction where convicted,

9

sentenced or court martialed, shall register at an approved

10

registration site within 48 hours of the individual's arrival

11

in this Commonwealth. The provisions of this subchapter shall

12

apply to the individual as follows:

13

* * *

14

(5)  Notwithstanding the provisions of Chapter 63

15

(relating to juvenile matters) and except as provided in

16

paragraph (4), an individual who [resides, is employed or is

17

a student] is employed, intends to be employed, is a student,

18

intends to be a student, resides or enters this Commonwealth

19

with the purpose of establishing a residence in this

20

Commonwealth and who is required to register as a sex

21

offender under the laws of the United States or one of its

22

territories or possessions, another state, the District of

23

Columbia, the Commonwealth of Puerto Rico or a foreign nation

24

as a result of a juvenile adjudication shall register at an

25

approved registration site within 48 hours of the

26

individual's arrival in this Commonwealth. The provisions of

27

this subchapter shall apply to the individual as follows:

28

* * *

29

(c)  Registration information to local police.--

30

(1)  The Pennsylvania State Police shall provide the

- 39 -

 


1

information obtained under this section and sections [9795.3] 

2

9795.3(a) (relating to sentencing court information) and 9796

3

(relating to verification of [residence] registration

4

information) to the chief law enforcement officers of the

5

police departments of the municipalities in which the

6

individual will reside, be employed or enrolled as a student.

7

In addition, the Pennsylvania State Police shall provide this

8

officer with the address at which the individual will reside,

9

be employed or enrolled as a student following his release

10

from incarceration, parole or probation.

11

* * *

12

(d)  Penalty.--An individual subject to registration under

13

former section 9793 (relating to registration of certain

14

offenders for ten years) or section [9795.1(a) or (b)] 9795.1 

15

who fails to register or verify or update registration

16

information with the Pennsylvania State Police as required by

17

this section may be subject to prosecution under 18 Pa.C.S. §

18

4915 (relating to failure to comply with registration of sexual

19

offenders requirements).

20

(e)  Registration sites.--An individual subject to [section

21

9795.1] this subchapter shall register and submit to

22

fingerprinting and photographing as required by this subchapter

23

at approved registration sites.

24

Section 4.3.  Sections 9795.3 and 9796 heading, (a), (b) and

25

(e) and 9798(a)(1) of Title 42 are amended to read:

26

§ 9795.3.  Sentencing court information.

27

(a)  Duty of sentencing court.--The sentencing court shall

28

inform offenders and sexually violent predators at the time of

29

sentencing of the provisions of this subchapter. The court

30

shall:

- 40 -

 


1

(1)  Specifically inform the offender or sexually violent

2

predator of the duty to register and provide the information

3

required for each registration, including verification as

4

required in section 9796(a) (relating to verification of

5

[residence)] registration information).

6

(2)  Specifically inform the offender or sexually violent

7

predator of the duty to inform the Pennsylvania State Police

8

within [ten days] 48 hours if the offender or sexually

9

violent predator changes or establishes a residence or

10

establishes an additional residence or residences, changes

11

employer or employment location for a period of time that

12

will exceed [14 days] four days during any seven-day period 

13

or for an aggregate period of time that will exceed [30] 14 

14

days during any calendar year or terminates employment or

15

changes institution or location at which the person is

16

enrolled as a student or terminates enrollment. In the case

17

of a transient, the individual shall provide the Pennsylvania

18

State Police with the individual's habitual locale and the

19

place where the individual receives mail, including a post

20

office box.

21

(2.1)  Specifically inform the offender or sexually

22

violent predator of the duty to inform the Pennsylvania State

23

Police within [ten days] 48 hours of becoming employed or

24

enrolled as a student if the [person] offender or sexually

25

violent predator has not previously provided that information

26

to the Pennsylvania State Police.

27

(3)  Specifically inform the offender or sexually violent

28

predator of the duty to register with a new law enforcement

29

agency if the offender or sexually violent predator moves to

30

another state no later than [ten days] 48 hours after

- 41 -

 


1

establishing residence in another state.

2

(4)  Order the fingerprints and photograph of the

3

offender or sexually violent predator to be provided to the

4

Pennsylvania State Police upon sentencing.

5

(5)  Specifically inform the offender or sexually violent

6

predator of the duty to register with the appropriate

7

authorities in any state in which the offender or sexually

8

violent predator is employed, carries on a vocation or is a

9

student if the state requires such registration.

10

(6)  Require the offender or sexually violent predator to

11

read and sign a form stating that the duty to register under

12

this subchapter has been explained. Where the offender or

13

sexually violent predator is incapable of reading, the court

14

shall certify the duty to register was explained to the

15

offender or sexually violent predator and the offender or

16

sexually violent predator indicated an understanding of the

17

duty.

18

(b)  Failure to provide.--Failure on the part of the court to

19

provide a sexually violent predator or offender with information

20

under this section shall not relieve that predator or offender

21

from the requirements of this subchapter.

22

§ 9796.  Verification of [residence] registration information.

23

(a)  Quarterly verification by sexually violent predators.--

24

The Pennsylvania State Police shall verify the [residence] 

25

registration information and compliance with counseling as

26

provided for in section 9799.4 (relating to counseling of

27

sexually violent predators) of sexually violent predators every

28

90 days through the use of a nonforwardable verification form to

29

the last reported residence. For the period of registration

30

required by section 9795.1 (relating to registration), a

- 42 -

 


1

sexually violent predator shall appear quarterly between January

2

5 and January 15, April 5 and April 15, July 5 and July 15 and

3

October 5 and October 15 of each calendar year at an approved

4

registration site to complete a verification form and to be

5

photographed.

6

* * *

7

(b)  Annual verification by offenders.--The Pennsylvania

8

State Police shall verify the [residence] registration

9

information of offenders. For the period of registration

10

required by section 9795.1, an offender shall appear within ten

11

days before each annual anniversary date of the offender's

12

initial registration under former section 9793 (relating to

13

registration of certain offenders for ten years) or section

14

9795.1 at an approved registration site to complete a

15

verification form and to be photographed.

16

* * *

17

(e)  Penalty.--An individual subject to registration under

18

former section 9793 or section 9795.1(a) or (b) who fails to

19

verify his [residence] registration information or to be

20

photographed as required by this section may be subject to

21

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

22

comply with registration of sexual offenders requirements).

23

* * *

24

§ 9798.  Other notification.

25

(a)  Notice by municipality's chief law enforcement

26

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

27

Ch. 91 (relating to criminal history record information), the

28

chief law enforcement officer of the full-time or part-time

29

police department of the municipality where a sexually violent

30

predator lives shall be responsible for providing written notice

- 43 -

 


1

as required under this section.

2

(1)  The notice shall contain:

3

(i)  The name of the convicted sexually violent

4

predator.

5

(ii)  [The address or addresses at which he resides.] 

6

The residence of the sexually violent predator.

7

(ii.1)  The municipality, county and zip code in

8

which the sexually violent predator is employed.

9

(iii)  The offense for which [he] the sexually

10

violent predator was convicted, sentenced by a court,

11

adjudicated delinquent or court martialed.

12

(iv)  A statement that [he] the sexually violent

13

predator has been determined by court order to be a

14

sexually violent predator, which determination has or has

15

not been terminated as of a date certain.

16

(v)  A photograph of the sexually violent predator,

17

if available.

18

* * *

19

Section 4.4.  Section 9799(1) of Title 42 is amended to read:

20

§ 9799.  Immunity for good faith conduct.

21

The following entities shall be immune from liability for

22

good faith conduct under this subchapter:

23

(1)  The Pennsylvania State Police [and], local law

24

enforcement agencies, and agents and employees of the

25

Pennsylvania State Police and local law enforcement agencies.

26

* * *

27

Section 4.5.  Section 9799.1 heading, (2) and (4) of Title 42

28

are amended and the section is amended by adding paragraphs to

29

read:

30

§ 9799.1.  [Duties of] Pennsylvania State Police.

- 44 -

 


1

The Pennsylvania State Police shall:

2

* * *

3

(2)  In consultation with the Department of Corrections,

4

the Office of Attorney General, the Pennsylvania Board of

5

Probation and Parole and the chairman and the minority

6

chairman of the Judiciary Committee of the Senate and the

7

chairman and the minority chairman of the Judiciary Committee

8

of the House of Representatives, promulgate guidelines

9

necessary for the general administration of this subchapter.

10

These guidelines shall establish procedures to allow an

11

individual subject to the requirements of sections 9795.1

12

(relating to registration) and 9796 (relating to verification

13

of [residence] registration information) to fulfill these

14

requirements at approved registration sites throughout this

15

Commonwealth. The Pennsylvania State Police shall publish a

16

list of approved registration sites in the Pennsylvania

17

Bulletin and provide a list of approved registration sites in

18

any notices sent to individuals required to register under

19

section 9795.1. An approved registration site shall be

20

capable of submitting fingerprints, photographs and any other

21

information required electronically to the Pennsylvania State

22

Police. The Pennsylvania State Police shall require that

23

approved registration sites submit fingerprints utilizing the

24

Integrated Automated Fingerprint Identification System or in

25

another manner and in such form as the Pennsylvania State

26

Police shall require. The Pennsylvania State Police shall

27

require that approved registration sites submit photographs

28

utilizing the Commonwealth Photo Imaging Network or in

29

another manner and in such form as the Pennsylvania State

30

Police shall require. Approved registration sites shall not

- 45 -

 


1

be limited to sites managed by the Pennsylvania State Police

2

and shall include sites managed by local law enforcement

3

agencies that meet the criteria for approved registration

4

sites set forth in this paragraph.

5

* * *

6

(4)  Notify, within five business days of receiving the

7

offender's or the sexually violent predator's registration,

8

the chief law enforcement officers of the police departments

9

having primary jurisdiction of the municipalities in which an

10

offender or sexually violent predator resides, is employed or

11

enrolled as a student of the fact that the offender or

12

sexually violent predator has been registered with the

13

Pennsylvania State Police pursuant to sections 9795.2

14

(relating to registration procedures and applicability) and

15

9796 (relating to verification of [residence] registration

16

information).

17

* * *

18

(7)  The Pennsylvania State Police shall have standing

19

and shall be a party in any of the following:

20

(i)  A proceeding brought by an individual registered

21

under former section 9793 (relating to registration of

22

certain offenders for ten years) or section 9795.1 to be

23

removed from, or contesting their inclusion in, the State

24

registry of sexual offenders and sexually violent

25

predators.

26

(ii)  A proceeding to modify a court order concerning

27

the terms of an individual's registration under former

28

section 9793 or section 9795.1.

29

(8)  The Pennsylvania State Police may certify and send

30

to an authorized user, by electronic transmission or

- 46 -

 


1

otherwise, a certification of record or abstract of records

2

maintained by the Pennsylvania State Police regarding the

3

registration of an offender under this subchapter.

4

Permissible uses shall include certifications of an offenders

5

initial registration and verification history and history of

6

nonregistration or nonverification. The Pennsylvania State

7

Police may also certify electronically any documents

8

certified to it electronically. Authorized users shall

9

include State and local police, district attorneys, agents

10

and employees of the Pennsylvania State Police and the Office

11

of Attorney General and other persons or entities determined

12

by the Pennsylvania State Police and listed by notice in the

13

Pennsylvania Bulletin. In any proceeding before the courts or

14

administrative bodies of this Commonwealth, documents

15

certified by the Pennsylvania State Police under this section

16

and offered into evidence by an authorized user shall be

17

admissible into evidence.

18

Section 4.6.  Sections 9799.4 and 9799.9 of Title 42 are

19

amended to read:

20

§ 9799.4.  Counseling of sexually violent predators.

21

(a)  Attendance required.--For the period of registration

22

required by section 9795.1(b) (relating to registration), a

23

sexually violent predator shall be required to attend at least

24

monthly counseling sessions in a program approved by the board

25

and be financially responsible for all fees assessed from such

26

counseling sessions. The board shall monitor the compliance of

27

the sexually violent predator.

28

(b)  Indigence.--If the sexually violent predator can prove

29

to the satisfaction of the court that the person's income and

30

support is such that the person cannot afford to pay for the

- 47 -

 


1

counseling sessions, that person shall still attend the

2

counseling sessions and the [parole office] Pennsylvania Board

3

of Probation and Parole shall pay the requisite fees. The court

4

may create a standard petition for indigence for use by sexually

5

violent predators and the Pennsylvania Board of Probation and

6

Parole in the courts of this Commonwealth. Filing fees for the

7

determinations shall be waived. Upon request of the Pennsylvania

8

Board of Probation and Parole, a sexually violent predator's

9

indigence status shall be reviewed by the court and a

10

determination shall be made by the court whether the individual

11

will remain eligible for funded counseling sessions.

12

§ 9799.9.  Photographs and fingerprinting.

13

An individual subject to former section 9793 (relating to

14

registration of certain offenders for ten years) or section

15

9795.1 (relating to registration) shall submit to fingerprinting

16

and photographing as required by this subchapter at approved

17

registration sites. Fingerprinting as required by this

18

subchapter shall, at a minimum, require submission of a full set

19

of fingerprints. Photographing as required by this subchapter

20

shall, at a minimum, require submission to photographs of the

21

face and any scars, marks, tattoos or other unique features of

22

the individual. Fingerprints and photographs obtained under this

23

subchapter may be maintained for use under this subchapter and

24

for general law enforcement purposes.

25

Section 5.  Title 42 is amended by adding sections to read:

26

§ 9799.10.  Expiration.

27

The following provisions shall expire one year after the

28

effective date of this section:

29

Section 9791 (relating to legislative findings and

30

declaration of policy).

- 48 -

 


1

Section 9792 (relating to definitions).

2

Section 9795.1 (relating to registration).

3

Section 9795.2 (relating to registration procedures and

4

applicability).

5

Section 9795.3 (relating to sentencing court

6

information).

7

Section 9795.4 (relating to assessments).

8

Section 9795.5 (relating to exemption from certain

9

notifications).

10

Section 9796 (relating to verification of registration

11

information).

12

Section 9797 (relating to victim notification).

13

Section 9798 (relating to other notification).

14

Section 9798.1 (relating to information made available on

15

the Internet).

16

Section 9798.2 (relating to administration).

17

Section 9798.3 (relating to global positioning system

18

technology).

19

Section 9799 (relating to immunity for good faith

20

conduct).

21

Section 9799.1 (relating to duties of Pennsylvania State

22

Police).

23

Section 9799.2 (relating to duties of Pennsylvania Board

24

of Probation and Parole.

25

Section 9799.3 (relating to board).

26

Section 9799.4 (relating to counseling of sexually

27

violent predators).

28

Section 9799.7 (relating to exemption from notification

29

for certain licensees and their employees).

30

Section 9799.8 (relating to annual performance audit).

- 49 -

 


1

Section 9799.9 (relating to photographs and

2

fingerprinting).

3

§ 9799.11.  Legislative findings and declaration of policy.

4

(a)  Legislative findings.--The General Assembly finds as

5

follows:

6

(1)  If the public is provided adequate notice and

7

information about certain offenders, the community can

8

develop constructive plans to prepare themselves and their

9

children for the offender's presence in the community. This

10

allows communities to meet with law enforcement to prepare

11

and obtain information about the rights and responsibilities

12

of the community and to provide education and counseling to

13

their children.

14

(2)  These offenders pose a high risk of engaging in

15

further offenses, and protection of the public from this type

16

of offender is a paramount governmental interest.

17

(3)  The penal and mental health components of our

18

justice system are largely hidden from public view, and lack

19

of information from either may result in failure of both

20

systems to meet this paramount concern of public safety.

21

(4)  Overly restrictive confidentiality and liability

22

laws governing the release of information about offenders

23

have reduced the willingness to release information that

24

could be appropriately released under the public disclosure

25

laws and have increased risks to public safety.

26

(5)  Persons found to have committed the offenses have a

27

reduced expectation of privacy because of the public's

28

interest in public safety and in the effective operation of

29

government.

30

(6)  Release of information about offenders to public

- 50 -

 


1

agencies and the general public will further the governmental

2

interests of public safety and public scrutiny of the

3

criminal and mental health systems so long as the information

4

released is rationally related to the furtherance of those

5

goals.

6

(7)  Public safety will be enhanced by making information

7

regarding offenders and out-of-State offenders available to

8

the public through the Internet and other electronic means.

9

(8)  Knowledge of whether a person is an offender or out-

10

of-State offender could be a significant factor in protecting

11

oneself and one's family members, or those in care of a group

12

or community organization, from recidivist acts by offenders.

13

(9)  The technology afforded by the Internet and other

14

modern electronic communication methods would make this

15

information readily accessible to parents, minors and private

16

entities, enabling them to undertake appropriate remedial

17

precautions to prevent or avoid placing potential victims at

18

risk.

19

(b)  Declaration of policy.--The General Assembly declares as

20

follows:

21

(1)  It is the intention of the General Assembly to

22

protect the safety and general welfare of the people of this

23

Commonwealth by providing for registration and community

24

notification regarding offenders.

25

(2)  It is the policy of the Commonwealth to require the

26

exchange of relevant information about offenders among public

27

agencies and officials and to authorize the release of

28

necessary and relevant information about offenders to members

29

of the general public as a means of assuring public

30

protection and shall not be construed as punitive.

- 51 -

 


1

§ 9799.12.  Definitions.

2

The following words and phrases when used in this subchapter

3

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

4

context clearly indicates otherwise:

5

"Approved registration site."  A site in this Commonwealth

6

approved by the Pennsylvania State Police at which individuals

7

subject to this subchapter may register, update and verify

8

registration information as required by this subchapter.

9

"Board."  The State Sexual Offenders Assessment Board.

10

"Class 1 sexual offender."  Any individual convicted of a

11

Class 1 sexual offense or designated as a Class 1 sexual

12

offender by the Pennsylvania State Police under section 9799.15

13

(relating to registration procedures for out-of-State

14

offenders).

15

"Class 2 sexual offender."  Any individual convicted of a

16

Class 2 sexual offense or designated as a Class 2 sexual

17

offender by the Pennsylvania State Police under section 9799.15

18

(relating to registration procedures for out-of-State

19

offenders).

20

"Class 3 sexual offender."  Any individual convicted of a

21

Class 3 sexual offense, or more than one Class 1 or Class 2

22

sexual offense, or designated as a Class 3 sexual offender by

23

the Pennsylvania State Police under section 9799.15 (relating to

24

registration procedures for out-of-State offenders).

25

"Class 1 sexual offense."  Any of the following offenses or

26

attempt, solicitation or conspiracy to commit any of the

27

following offenses:

28

18 Pa.C.S. § 2902(b) (relating to unlawful restraint).

29

18 Pa.C.S. § 2903(b) (relating to false imprisonment).

30

18 Pa.C.S. § 2904 (relating to interference with custody

- 52 -

 


1

of children).

2

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

3

motor vehicle or structure).

4

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

5

assault).

6

18 Pa.C.S. § 3126(a)(1) (relating to indecent assault).

7

18 Pa.C.S. § 7507.1 (relating to invasion of privacy).

8

"Class 2 sexual offense."  Any of the following offenses or

9

attempt, solicitation or conspiracy to commit any of the

10

following offenses:

11

18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual

12

assault).

13

18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8)

14

(relating to indecent assault).

15

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

16

related offenses) and graded under section 5902 (c)(1)(iii).

17

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

18

(relating to obscene and other sexual materials and

19

performances).

20

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

21

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

22

minor).

23

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

24

children).

25

"Class 3 sexual offense."  Any of the following offenses or

26

attempt, solicitation or conspiracy to commit any of the

27

following offenses:

28

18 Pa.C.S. § 2901(a.1) (relating to kidnapping).

29

18 Pa.C.S. § 3121 (relating to rape).

30

18 Pa.C.S. § 3122.1(b) (relating to statutory sexual

- 53 -

 


1

assault).

2

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

3

intercourse).

4

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

5

18 Pa.C.S. § 3124.2(a.1) (relating to institutional

6

sexual assault).

7

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

8

assault).

9

18 Pa.C.S. § 3126(a)(7) (relating to indecent assault).

10

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

11

"CLEAN."  The Commonwealth Law Enforcement Assistance

12

Network.

13

"Common interest community."  Includes a cooperative, a

14

condominium and a planned community where an individual by

15

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

16

or may become obligated by covenant, easement or agreement

17

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

18

property taxes, insurance, maintenance, repair, improvement,

19

management, administration or regulation of any part of the real

20

estate other than the portion or interest owned solely by the

21

individual.

22

"Employed."  Includes carrying on a vocation or employment

23

that is full time or part time for a period of time exceeding

24

four days during a seven-day period or for an aggregate period

25

of time exceeding 14 days during any calendar year, whether

26

financially compensated, volunteered, pursuant to a contract or

27

for the purpose of government or educational benefit.

28

"Habitual locale."  The place where a transient can be

29

habitually located, including locations an individual frequents,

30

or intends to frequent, during the day or night, including, but

- 54 -

 


1

not limited to, parks, buildings, libraries and homeless

2

shelters.

3

"IAFIS."  The Integrated Automated Fingerprint Identification

4

System.

5

"Integrated Automated Fingerprint Identification System."

6

The national fingerprint and criminal history system maintained

7

by the Federal Bureau of Investigation providing automated

8

fingerprint search capabilities, latent searching capability,

9

electronic image storage and electronic exchange of fingerprints

10

and responses.

11

"Juvenile offender."  Any individual of any age required to

12

register under section 9799.13 (relating to registration) on the

13

basis of an adjudication of delinquency.

14

"Mental abnormality."  A congenital or acquired condition of

15

a person that affects the emotional or volitional capacity of

16

the person in a manner that predisposes that person to the

17

commission of criminal sexual acts to a degree that makes the

18

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

19

"Minor."  Any individual less than 18 years of age.

20

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

21

township.

22

"Offender."  Any individual required to register under

23

section 9799.13 (relating to registration).

24

"Out-of-State offender."  Any individual required to register

25

under section 9799.13 (relating to registration) due to a

26

conviction or adjudication of delinquency in another

27

jurisdiction or to a court-martial.

28

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

29

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

30

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

- 55 -

 


1

good faith medical, hygienic or law enforcement procedures.

2

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

3

with whom a relationship has been initiated, established,

4

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

5

facilitate or support victimization.

6

"Present."  The location where an offender or out-of-State

7

offender resides, is habitually located, is employed or is

8

enrolled as a student.

9

"Registration information."  All of the following information

10

concerning the offender:

11

(1)  Primary given name, including any aliases,

12

nicknames, ethnic or tribal names and any pseudonyms,

13

regardless of the context in which they are used.

14

(2)  Valid and purported Social Security number.

15

(3)  Actual and purported date of birth.

16

(4)  Place of birth.

17

(5)  Physical description, including sex, height, weight,

18

eye color, hair color, race and any scars, marks, tattoos or

19

other unique features of the individual.

20

(6)  Fingerprints taken and submitted to IAFIS.

21

(7)  Palm prints taken and submitted to the Federal

22

Bureau of Investigation Central Database.

23

(8)  DNA sample taken and submitted in accordance with 44

24

Pa.C.S. Ch. 23 (relating to DNA data and testing) to the

25

State DNA Data Base for entry into the Combined DNA Index

26

System (CODIS) in accordance with procedures established by

27

the Pennsylvania State Police. The collection of DNA at time

28

of collecting registration information or updating or

29

verifying registration information is not required if the

30

registering official or approved registration site can

- 56 -

 


1

confirm that the DNA collection and submission has already

2

occurred.

3

(9)  A digitized copy of a valid driver's license or

4

identification card issued to the offender.

5

(10)  A digitized copy of the offender's passport and

6

immigration documents.

7

(11)  A photograph of the offender's face.

8

(12)  Any telephone numbers, including landline and cell

9

phone numbers, and any other designations used by the

10

offender for purposes of routing or self-identification in

11

telephonic communications.

12

(13)  Any e-mail addresses, any instant message addresses

13

or identifiers, any designations or monikers used by the

14

offender for purposes of routing or self-identification in

15

Internet communications or postings.

16

(14)  The address of each residence at which the offender

17

resides or will reside or, in the case of an offender who

18

does not have a residence, the offender's habitual locale.

19

(15)  The location at which the offender receives

20

delivery of mail, including a post office box or general

21

delivery post office location.

22

(16)  The name and address of any place where the

23

offender is employed or will be employed.

24

(17)  The name and address of any place where the

25

offender attends school or will attend school.

26

(18)  The license plate number, registration number or

27

any other identifier of all vehicles, including land

28

vehicles, aircraft or watercraft owned or operated by the

29

offender, whether for work or personal use, including a

30

description of the vehicle and the permanent or frequent

- 57 -

 


1

location where the vehicle is kept.

2

(19)  Information concerning all licensing authorizing

3

the offender to engage in an occupation or carry out a trade

4

or business.

5

(20)  The offenses requiring registration, including a

6

citation or link to the provision of law defining the offense

7

for which the offender is registered.

8

(21)  The dates of all arrests, convictions and

9

outstanding arrest warrants that have been entered into the

10

Commonwealth Law Enforcement Assistance Network, as well as

11

the status of the offender's parole, probation, supervised

12

release and registration.

13

(22)  The date or dates of the current or subsequent

14

period of incarceration and release from incarceration.

15

(23)  Forms signed by the offender acknowledging that he

16

or she was advised of his or her registration obligations.

17

The form and signature may be electronic.

18

"Registration start date."  The date on which an offender or

19

out-of-State offender's registration information is approved and

20

entered into the State sexual offender registry by the

21

Pennsylvania State Police.

22

"Registry official."  The person or entity responsible for

23

obtaining registration information as set forth in this

24

subchapter.

25

"Residence."  The location of an individual's home or other

26

place where the individual habitually resides or intends to

27

reside for 30 cumulative days or more during a calendar year.

28

The term may include more than one location and be mobile or

29

transitory, including, but not limited to, a homeless shelter.

30

An individual confined in a State correctional institution or

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1

motivational boot camp shall be considered to be a resident of

2

the Department of Corrections. However, an individual confined

3

in a community corrections center operated by the Department of

4

Corrections or pursuant to a contract between the Department of

5

Corrections and a contractor or other provider shall be

6

considered a resident of the specific facility where the

7

individual is living.

8

"Sexually violent offense."  Any Class 1, Class 2 or Class 3

9

sexual offense.

10

"Sexually violent predator."  An individual who has been

11

convicted of an offense as set forth under section 9799.13

12

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

13

sexually violent predator under section 9799.18 (relating to

14

assessments) due to a mental abnormality or personality disorder

15

that makes the person likely to engage in predatory sexually

16

violent offenses. The term includes:

17

(1)  An individual determined to be a sexually violent

18

predator, or other similar designation, if the determination

19

occurred in the United States or one of its territories or

20

possessions, another state, the District of Columbia, a

21

federally recognized Indian tribe, a foreign nation or a

22

military tribunal.

23

(2)  An individual determined to be a sexually violent

24

delinquent child under Chapter 64 (relating to court-ordered

25

involuntary treatment of certain sexually violent persons),

26

regardless of whether the individual has been subsequently

27

discharged from involuntary treatment.

28

"Similar offense."  An offense under a former law of this

29

Commonwealth or the laws of the United States or one of its

30

territories or possessions, another state, the District of

- 59 -

 


1

Columbia, a federally recognized Indian tribe or a foreign

2

nation.

3

"State sexual offender registry."  The Statewide registry of

4

offenders and out-of-State offenders maintained by the

5

Pennsylvania State Police.

6

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

7

time basis in any public or private educational institution,

8

including any secondary school, trade or professional

9

institution or institution of higher education.

10

"Transient."  An offender or out-of-State offender who does

11

not have a residence and is present in this Commonwealth.

12

§ 9799.13.  Registration.

13

(a)  General rule.--The following individuals present in this

14

Commonwealth shall register with the Pennsylvania State Police

15

in accordance with the provisions of this subchapter:

16

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

17

this section, are convicted of a Class 1, Class 2 or Class 3

18

sexual offense or a similar offense.

19

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

20

this section, are convicted of any Federal or military

21

offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and

22

(v) (relating to relevant definitions, including Amie Zyla

23

expansion of sex offender definition and expanded inclusion

24

of child predators) or who, on the effective date of this

25

section, are required to register under a sexual offender

26

statute in the jurisdiction where the individual was

27

convicted, sentenced, adjudicated delinquent or court-

28

martialed.

29

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

30

this section, are incarcerated, serving a sentence of

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1

intermediate punishment or under the supervision of the

2

Pennsylvania Board of Probation and Parole or any Federal or

3

county probation and parole office for a Class 1, Class 2 or

4

Class 3 sexual offense or a similar offense or for an offense

5

enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v).

6

(4)  Individuals who, on or after the effective date of

7

this section, are convicted of or incarcerated, serving a

8

sentence of intermediate punishment or under the supervision

9

of the Pennsylvania Board of Probation and Parole or any

10

county probation and parole office for any felony offense, if

11

the individual:

12

(i)  was previously convicted at any time of a Class

13

1, Class 2 or Class 3 sexual offense or a similar

14

offense, regardless of whether the offense was designated

15

as a Class 1, Class 2 or Class 3 sexual offense at the

16

time of the conviction;

17

(ii)  was convicted of an offense enumerated in 42

18

U.S.C. § 16911(5)(A)(iii), (iv) and (v); or

19

(iii)  was previously required to register under a

20

sexual offender statute in another jurisdiction and his

21

or her registration obligation in that jurisdiction had

22

expired prior to the effective date of this section.

23

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

24

this section, are adjudicated delinquent following a

25

determination by the court that the individual has committed

26

any of the following offenses or similar offenses subsequent

27

to attaining 14 years of age:

28

(i)  18 Pa.C.S. § 901 (relating to criminal attempt)

29

if the underlying offense is listed in subparagraph (iv),

30

(v) or (vi).

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1

(ii)  18 Pa.C.S. § 902 (relating to criminal

2

solicitation) if the underlying offense is listed in

3

subparagraph (iv), (v) or (vi).

4

(iii)  18 Pa.C.S. § 903 (relating to criminal

5

conspiracy) if the underlying offense is listed in

6

subparagraph (iv), (v) or (vi).

7

(iv)  18 Pa.C.S. § 3121 (relating to rape).

8

(v)  18 Pa.C.S. § 3123 (relating to involuntary

9

deviate sexual intercourse).

10

(vi)  18 Pa.C.S. § 3125 (relating to aggravated

11

indecent assault).

12

(6)  Individuals who, on the effective date of this

13

section, are under court-ordered placement in an institution,

14

youth development center, camp, institution operated by the

15

Department of Public Welfare or other facility designed or

16

operated for the benefit of delinquent children, or are on

17

probation or otherwise under the supervision of the court due

18

to an adjudication of delinquency following a determination

19

by the court that the individual has committed any of the

20

following offenses or similar offenses subsequent to

21

attaining 14 years of age:

22

(i)  18 Pa.C.S. § 901 if the underlying offense is

23

listed in subparagraph (iv), (v) or (vi).

24

(ii)  18 Pa.C.S. § 902 (relating to criminal

25

solicitation) if the underlying offense is listed in

26

subparagraph (iv), (v) or (vi).

27

(iii)  18 Pa.C.S. § 903 if the underlying offense is

28

listed in subparagraph (iv), (v) or (vi).

29

(iv)  18 Pa.C.S. § 3121.

30

(v)  18 Pa.C.S. § 3123.

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1

(vi)  18 Pa.C.S. § 3125.

2

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

3

this section, are committed to or receiving involuntary

4

treatment in a facility under Chapter 64 (relating to court-

5

ordered involuntary treatment of certain sexually violent

6

persons).

7

(8)  Individuals who, on the effective date of this

8

section, are registered in the State sexual offender registry

9

under this subchapter.

10

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

11

or other event requiring evacuation of residences shall not

12

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

13

imposed by this chapter.

14

(c)  Residents in group-based homes.--

15

(1)  No group-based home, as that term is defined under

16

61 Pa.C.S. § 6124 (relating to certain offenders residing in

17

group-based homes) may provide concurrent residence in the

18

group-based home to multiple individuals who are required to

19

register under this chapter as sexually violent predators,

20

unless the individuals are spouses, siblings or parent and

21

child to each other.

22

(2)  A group-based home that violates paragraph (1) shall

23

be subject to a civil penalty in the amount of $2,500 for a

24

first violation and in the amount of $5,000 for a second or

25

subsequent violation.

26

(3)  The Pennsylvania State Police or local law

27

enforcement agency of jurisdiction shall investigate

28

compliance with this subsection and the Attorney General or

29

district attorney may commence a civil action in the court of

30

common pleas of the county in which a group-based home is

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1

located to impose and collect from the group-based home the

2

fine established in paragraph (2).

3

§ 9799.14.  Registration procedures for Pennsylvania offenders.

4

(a)  Existing offenders.--An offender who, before the

5

effective date of this section, was convicted in this

6

Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and

7

is required to register under section 9799.13 (relating to

8

registration) shall register with the Pennsylvania State Police

9

by providing registration information to the appropriate

10

registering official for inclusion in the State sexual offender

11

registry subject to the following:

12

(1)  If the offender is incarcerated in a State

13

correctional facility or county correctional facility, the

14

correctional facility shall notify the Pennsylvania State

15

Police, not more than 30 days in advance of, but not later

16

than ten days prior to, the offender's release from the

17

correctional facility.

18

(i)  The correctional facility shall collect the

19

registration information from the offender and forward

20

the registration information to the Pennsylvania State

21

Police.

22

(ii)  The correctional facility shall not release the

23

offender from custody until the correctional facility

24

receives verification from the Pennsylvania State Police

25

that the Pennsylvania State Police has received the

26

registration information. Verification by the

27

Pennsylvania State Police may occur by electronic means.

28

(2)  If the offender is serving a sentence of

29

intermediate punishment or is under the supervision of the

30

Pennsylvania Board of Probation and Parole or any county

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1

probation and parole office, the State or county probation

2

and parole office shall collect the registration information

3

from the offender and forward the registration information to

4

the Pennsylvania State Police.

5

(b)  New offenders.--An offender who, on or after the

6

effective date of this section, is convicted in this

7

Commonwealth of a Class 1, Class 2 or Class 3 sexual offense and

8

is required to register under section 9799.13 shall register

9

with the Pennsylvania State Police by providing the registration

10

information to the appropriate registering official for

11

inclusion in the State sexual offender registry subject to the

12

following:

13

(1)  At the time of sentencing, the court shall require

14

the offender to immediately report to the Office of Probation

15

and Parole serving that county to register under this

16

subchapter.

17

(i)  The appropriate office of probation and parole

18

shall collect the registration information from the

19

offender and forward the registration information to the

20

Pennsylvania State Police.

21

(ii)  The court shall not authorize release of the

22

offender from custody until the appropriate office of

23

probation and parole serving that county receives

24

verification from the Pennsylvania State Police that the

25

Pennsylvania State Police has received the registration

26

information. Verification by the Pennsylvania State

27

Police may occur by electronic means.

28

(2)  If the offender is incarcerated in a State

29

correctional facility or county correctional facility, the

30

correctional facility shall notify the Pennsylvania State

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1

Police, not more than 30 days in advance of, but not later

2

than ten days prior to, the offender's release from the

3

correctional facility.

4

(i)  The correctional facility shall ensure that

5

registration information for the offender has been

6

submitted to the Pennsylvania State Police.

7

(ii)  If registration information has not been

8

submitted to the Pennsylvania State Police, the

9

correctional facility shall collect the registration

10

information from the offender and forward the

11

registration information to the Pennsylvania State

12

Police.

13

(iii)  The correctional facility shall also report

14

any changes to the registration information on file with

15

the Pennsylvania State Police.

16

(iv)  The correctional facility may not release the

17

offender until the correctional facility receives

18

verification from the Pennsylvania State Police that the

19

Pennsylvania State Police has received all registration

20

information. Verification by the Pennsylvania State

21

Police may occur by electronic means.

22

(c)  Other new offenders.--An offender who, on or after the

23

effective date of this section, is convicted of or incarcerated,

24

serving a sentence of intermediate punishment or is under the

25

supervision of the Pennsylvania Board of Probation and Parole or

26

any county probation and parole office for any felony offense

27

and is required to register under section 9799.13 due to a prior

28

conviction shall register with the Pennsylvania State Police by

29

providing the registration information to the appropriate

30

registering official for inclusion in the State sexual offender

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1

registry subject to the following:

2

(1)  At the time of sentencing for a felony offense, the

3

court shall require the offender to immediately report to the

4

office of probation and parole serving that county to

5

register under this subchapter.

6

(i)  The appropriate office of probation and parole

7

shall collect the registration information from the

8

offender and forward the registration information to the

9

Pennsylvania State Police.

10

(ii)  The court may not authorize release of the

11

offender from custody until the appropriate office of

12

probation and parole serving that county receives

13

verification from the Pennsylvania State Police that the

14

Pennsylvania State Police has received the registration

15

information. Verification by the Pennsylvania State

16

Police may occur by electronic means.

17

(2)  If the offender is incarcerated in a State

18

correctional facility or county correctional facility, the

19

correctional facility shall notify the Pennsylvania State

20

Police not more than 30 days in advance of, but not later

21

than ten days prior to, the offender's release from the

22

correctional facility.

23

(i)  The correctional facility shall ensure that

24

registration information for the offender has been

25

submitted to the Pennsylvania State Police.

26

(ii)  If registration information has not been

27

submitted to the Pennsylvania State Police, the

28

correctional facility shall collect the registration

29

information from the offender and forward the

30

registration information to the Pennsylvania State

- 67 -

 


1

Police.

2

(iii)  The correctional facility shall also report

3

any changes to the registration information on file with

4

the Pennsylvania State Police.

5

(iv)  The correctional facility may not release the

6

offender from custody until the correctional facility

7

receives verification from the Pennsylvania State Police

8

that the Pennsylvania State Police has received all

9

registration information. Verification by the

10

Pennsylvania State Police may occur by electronic means.

11

(3)  If the offender is serving a sentence of

12

intermediate punishment or is under the supervision of the

13

Pennsylvania Board of Probation and Parole or any county

14

probation and parole office for a felony offense, the

15

appropriate probation and parole office shall collect the

16

registration information from the offender and forward the

17

registration information to the Pennsylvania State Police.

18

(d)  Delinquency.--

19

(1)  This subsection applies to an offender who meets all

20

of the following requirements:

21

(i)  On or after the effective date of this section,

22

is adjudicated delinquent following a determination by

23

the court that the individual has committed any of the

24

following offenses or similar offenses subsequent to

25

attaining 14 years of age:

26

(A)  18 Pa.C.S. § 901 (relating to criminal

27

attempt) if the underlying offense is listed in

28

clause (D), (E) or (F).

29

(B)  18 Pa.C.S. § 902 (relating to criminal

30

solicitation) if the underlying offense is listed in

- 68 -

 


1

clause (D), (E) or (F).

2

(C)  18 Pa.C.S. § 903 (relating to criminal

3

conspiracy) if the underlying offense is listed in

4

clause (D), (E) or (F).

5

(D)  18 Pa.C.S. § 3121 (relating to rape).

6

(E)  18 Pa.C.S. § 3123 (relating to involuntary

7

deviate sexual intercourse).

8

(F)  18 Pa.C.S. § 3125 (relating to aggravated

9

indecent assault).

10

(ii)  Is required to register under section 9799.13.

11

(2)  This subsection applies to an offender who meets all

12

of the following requirements:

13

(i)  On the effective date of this section, is under

14

court-ordered placement in an institution, youth

15

development center, camp, institution operated by the

16

Department of Public Welfare or other facility designed

17

or operated for the benefit of delinquent children, or is

18

on probation or otherwise under the supervision of the

19

court, due to an adjudication of delinquency following a

20

determination by the court that the individual has

21

committed any of the following offenses subsequent to

22

attaining 14 years of age:

23

(A)  18 Pa.C.S. § 901 if the underlying offense

24

is listed in clause (D), (E) or (F).

25

(B)  18 Pa.C.S. § 902 if the underlying offense

26

is listed in clause (D), (E) or (F).

27

(C)  18 Pa.C.S. § 903 if the underlying offense

28

is listed in clause (D), (E) or (F).

29

(D)  18 Pa.C.S. § 3121.

30

(E)  18 Pa.C.S. § 3123.

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1

(F)  18 Pa.C.S. § 3125.

2

(ii)  Is required to register under section 9799.13.

3

(3)  An offender subject to paragraph (1) or (2) shall

4

register with the Pennsylvania State Police by providing

5

registration information to the appropriate registering

6

official for inclusion in the State sexual offender registry.

7

The following apply:

8

(i)  At the time of disposition of an offender

9

subject to the provisions of paragraph (1), the court

10

shall specifically classify the offender as a juvenile

11

offender subject to this subchapter in accordance with

12

section 9799.17(a)(6) (relating to court notification and

13

classification requirements) and shall require the

14

offender to immediately register under this subchapter.

15

The chief juvenile probation officer of the court shall

16

ensure the collection of the registration information

17

from the offender and forward the registration

18

information to the Pennsylvania State Police. The court

19

shall not release the offender from its custody until it

20

receives verification from the Pennsylvania State Police

21

that it has received the registration information.

22

Verification by the Pennsylvania State Police may occur

23

by electronic means.

24

(ii)  If the offender who is subject to the

25

provisions of paragraph (2) is under court-ordered

26

placement in any institution, youth development center,

27

camp, institution operated by the Department of Public

28

Welfare or other facility designed or operated for the

29

benefit of delinquent children, the chief juvenile

30

probation officer of the court which entered the order

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1

shall, within ten days of the effective date of this

2

section, inform the director of the facility that the

3

offender is subject to registration under section

4

9799.13. The director of the facility, or a designee,

5

shall notify the Pennsylvania State Police not more than

6

30 days in advance of, but not later than ten days prior

7

to, the offender's release from the facility. The

8

director of the facility, with the assistance of the

9

chief juvenile probation officer, shall make the offender

10

available for and facilitate the collection of the

11

registration information from the offender as instructed

12

by the Pennsylvania State Police and forward the

13

registration information to the Pennsylvania State

14

Police. The facility shall not release the offender until

15

it receives verification from the Pennsylvania State

16

Police that it has received the registration information.

17

Verification by the Pennsylvania State Police may occur

18

by electronic means.

19

(iii)  If the offender who is subject to the

20

provisions of paragraph (2) is on probation or otherwise

21

under the supervision of the court, the chief juvenile

22

probation officer of the court shall ensure collection of

23

the registration information from the offender and

24

forward the registration information to the Pennsylvania

25

State Police.

26

(e)  Receiving involuntary treatment.--

27

(1)  This subsection applies to an offender who meets all

28

of the following requirements:

29

(i)  On the effective date of this section, is

30

receiving involuntary treatment in a facility designated

- 71 -

 


1

by the Department of Public Welfare under Chapter 64

2

(relating to court-ordered involuntary treatment of

3

certain sexually violent persons).

4

(ii)  Is required to register under section 9799.13.

5

(2)  An offender subject to paragraph (1) shall register

6

with the Pennsylvania State Police by providing registration

7

information to the appropriate registering official for

8

inclusion in the State sexual offender registry. The

9

following shall apply:

10

(i)  Within 60 days of the effective date of this

11

section, the director of the facility shall make the

12

offender available for and facilitate the collection of

13

the registration information from the offender as

14

instructed by the Pennsylvania State Police and forward

15

that information to the Pennsylvania State Police.

16

(ii)  The director of the facility, or a designee,

17

shall notify the Pennsylvania State Police of the dates

18

of any review hearing, the submission of an outpatient

19

treatment plan under section 6404 (relating to duration

20

of inpatient commitment and review) or the filing of a

21

petition for discharge under section 6404.2 (relating to

22

outpatient commitment and review) and shall provide to

23

the Pennsylvania State Police copies of all court orders

24

resulting from the hearing or petition.

25

(iii)  Notwithstanding any other provision of law,

26

the court, upon determining that the offender will be

27

transferred to involuntary outpatient treatment or

28

discharged, shall require the offender to immediately

29

update the registration information collected under this

30

subchapter and shall not order transfer of or discharge

- 72 -

 


1

the offender until the court receives verification from

2

the Pennsylvania State Police that it has received the

3

updated registration information. The director of the

4

facility, or a designee, shall make the offender

5

available for and facilitate the collection of the

6

updated registration information as instructed by the

7

Pennsylvania State Police and forward that information to

8

the Pennsylvania State Police. Verification by the

9

Pennsylvania State Police that it has received the

10

updated registration information may occur by electronic

11

means.

12

(f)  Subsequent commitment to involuntary treatment.--

13

(1)  This subsection applies to an offender who meets all

14

of the following requirements:

15

(i)  On or after the effective date of this section,

16

is committed to involuntary treatment in a facility

17

designated by the Department of Public Welfare under

18

Chapter 64.

19

(ii)  Is required to register under section 9799.13.

20

(2)  An offender subject to paragraph (1) shall register

21

with the Pennsylvania State Police by providing registration

22

information to the appropriate registering official for

23

inclusion in the State sexual offender registry. The

24

following apply:

25

(i)  At the time of the commitment, the court shall

26

require the offender to immediately register under this

27

subchapter. The chief juvenile probation officer of the

28

court shall ensure the collection of the registration

29

information from the offender and forward the

30

registration information to the Pennsylvania State

- 73 -

 


1

Police. Verification by the Pennsylvania State Police may

2

occur by electronic means.

3

(ii)  The director of the facility, or a designee,

4

shall notify the Pennsylvania State Police of the dates

5

of any review hearing, the submission of an outpatient

6

treatment plan under section 6404 or the filing of a

7

petition for discharge under section 6404.2 and shall

8

provide to the Pennsylvania State Police copies of all

9

court orders resulting from the hearing or petition.

10

(iii)  Notwithstanding any other provision of law,

11

the court, upon determining that the offender will be

12

transferred to involuntary outpatient treatment or

13

discharged, shall require the offender to immediately

14

update the registration information collected under this

15

subchapter and shall not order transfer of or discharge

16

the offender until the court receives verification from

17

the Pennsylvania State Police that it has received the

18

updated registration information. The director of the

19

facility, or a designee, shall make the offender

20

available for and facilitate the collection of updated

21

registration information as instructed by the

22

Pennsylvania State Police and forward that information to

23

the Pennsylvania State Police. Verification by the

24

Pennsylvania State Police that it has received the

25

updated registration information may occur by electronic

26

means.

27

(g)  Refusal to provide registration information.--

28

(1)  This subsection applies to an offender who is

29

scheduled:

30

(i)  to be released from a:

- 74 -

 


1

(A)  State correctional facility;

2

(B)  county correctional facility;

3

(C)  facility designed or operated for the

4

benefit of delinquent children; or

5

(D)  facility designated by the Department of

6

Public Welfare under Chapter 64; or

7

(ii)  to commence a sentence of probation, parole or

8

intermediate punishment.

9

(2)  If an offender subject to paragraph (1) refuses to

10

provide registration information or report a change in

11

registration information, the facility or probation and

12

parole office shall notify the Pennsylvania State Police or

13

police department with primary jurisdiction of the location

14

of the offender.

15

(3)  The Pennsylvania State Police or police department

16

with primary jurisdiction shall locate and arrest the

17

offender for a violation of 18 Pa.C.S. § 4915 (relating to

18

failure to comply with registration of sexual offenders

19

requirements).

20

(h)  Appearance required for change of registration

21

information.--

22

(1)  An offender shall appear in person at an approved

23

registration site to complete a change of information form

24

within 72 hours of any change in registration information.

25

(2)  When an offender has been reincarcerated or

26

recommitted to a facility referred to in subsection (g)(1)

27

(i), for any reason, the facility shall update the offender's

28

registration information.

29

(3)  The correctional facility shall not release the

30

offender from custody until the correctional facility

- 75 -

 


1

receives verification from the Pennsylvania State Police that

2

the Pennsylvania State Police has received the registration

3

information. Verification by the Pennsylvania State Police

4

may occur by electronic means.

5

(i)  Appearance required after release.--An offender subject

6

to registration under section 9799.13 who has not submitted

7

registration information under the procedures in this section

8

shall appear in person at an approved registration site within

9

72 hours of release from sentencing or release from

10

incarceration.

11

(j)  Notice required prior to travel outside Commonwealth.--

12

(1)  An offender shall provide notice to the Pennsylvania

13

State Police at least ten days before traveling outside this

14

Commonwealth and at least 21 days before traveling outside

15

the United States, provided the offender will be outside this

16

Commonwealth for at least seven days.

17

(2)  The offender shall specify the place at which the

18

offender will be located outside this Commonwealth and the

19

purposes of and the duration of the travel.

20

(k)  Appearance required prior to temporary lodgings.--An

21

offender who resides or is habitually located in this

22

Commonwealth and who will travel from the offender's residence

23

or habitual locale to any location for at least seven days

24

shall, not less than ten days in advance of travel, appear at an

25

approved registration site and notify the Pennsylvania State

26

Police of the place at which the offender will be temporarily

27

lodged and the duration of the travel.

28

(l)  Registration information to law enforcement.--

29

(1)  As follows:

30

(i)  The Pennsylvania State Police shall provide the

- 76 -

 


1

information obtained under this section to the district

2

attorney of the county or counties in which the

3

individual will be present, the chief law enforcement

4

officers of the police departments of the municipalities

5

in which the individual will be present and the probation

6

or parole office where the individual will be present.

7

(ii)  The Pennsylvania State Police shall notify the

8

sexual offender registry of any other jurisdiction with

9

which the individual is registered.

10

(2)  As follows:

11

(i)  The Pennsylvania State Police shall provide

12

notice to the chief law enforcement officers of the

13

police departments of the municipalities notified

14

pursuant to paragraph (1) when an individual fails to

15

comply with the registration requirements of this section

16

and request, as appropriate, that the police departments

17

assist in locating and apprehending the individual.

18

(ii)  The Pennsylvania State Police shall notify the

19

United States Marshals Service of the individual's

20

failure to comply.

21

(3)  The Pennsylvania State Police shall provide notice

22

to the chief law enforcement officers of the police

23

departments of the municipalities notified pursuant to

24

paragraph (1) when the Pennsylvania State Police are in

25

receipt of information indicating that the individual will no

26

longer be present in the municipality.

27

(4)  As follows:

28

(i)  If an offender informs the Pennsylvania State

29

Police of the offender's intent to travel outside or be

30

temporarily lodged outside this Commonwealth, the

- 77 -

 


1

Pennsylvania State Police shall, within 72 hours of being

2

notified, inform the jurisdiction where the offender

3

intends to travel or be temporarily lodged.

4

(ii)  When an offender informs the Pennsylvania State

5

Police of the offender's intent to travel outside or be

6

temporarily lodged outside the United States, the

7

Pennsylvania State Police shall, within 72 hours of being

8

notified, inform the United States Marshals Service.

9

(m)  Penalty.--An offender who fails to comply with the

10

requirements of this subchapter is subject to prosecution under

11

18 Pa.C.S. § 4915.

12

§ 9799.15.  Registration procedures for out-of-State offenders.

13

(a)  General duties.-–An out-of-State offender who is

14

required to register under section 9799.13 (relating to

15

registration) shall:

16

(1)  Appear in person at an approved registration site

17

within 72 hours of the offender's arrival in this

18

Commonwealth.

19

(2)  Provide the required registration information to an

20

appropriate official for inclusion in the State sexual

21

offender registry.

22

(b)  Classification.--

23

(1)  The Pennsylvania State Police shall classify an out-

24

of-State offender as a Class 1, Class 2 or Class 3 sexual

25

offender or sexually violent predator based on whether the

26

offender's offense is similar to those specified in this

27

subchapter or upon the offender's classification in the

28

jurisdiction of conviction or court-martial, whichever is

29

greater. If an individual is registered solely due to a

30

requirement to register under a sexual offender statute in

- 78 -

 


1

another jurisdiction and the individual's conviction is not

2

similar to an offense specified in this subchapter, nor is

3

the individual classified in the individual's state of

4

conviction, the Pennsylvania State Police shall classify the

5

out-of-State offender as a Class 1 sexual offender.

6

(2)  If an individual is registered solely due to the

7

individual's conviction for an offense specified in 42 U.S.C.

8

§ 16911(5)(A)(iii) (relating to relevant definitions,

9

including Amie Zyla expansion of sex offender definition and

10

expanded inclusion of child predators) and the conviction

11

does not equate to a Class 1, Class 2 or Class 3 sexual

12

offense, the offender shall be classified based upon the

13

criteria specified in 42 U.S.C. § 16911.

14

(3)  If an individual registered due to an adjudication

15

of delinquency for an offense equivalent to an offense listed

16

under section 9799.13, the offender shall be classified as a

17

juvenile offender and subject to the same provisions

18

applicable to Pennsylvania juvenile offenders under this

19

subchapter.

20

(c)  Appearance required for change of registration

21

information.--

22

(1)  An out-of-State offender shall appear in person at

23

an approved registration site to complete a change of

24

information form within 72 hours of any change in

25

registration information.

26

(2)  If an out-of-State offender has been

27

incarcerated or committed to a facility in this Commonwealth

28

for any reason, the State correctional facility, county

29

correctional facility, facility designed or operated for the

30

benefit of delinquent children or facility designated by the

- 79 -

 


1

Department of Public Welfare under Chapter 64 (relating to

2

court-ordered involuntary treatment of certain sexually

3

violent persons) shall update the out-of-State offender's

4

registration and notify the Pennsylvania State Police within

5

72 hours of intake.

6

(3)  If an out-of-State offender has been incarcerated or

7

committed to a facility in this Commonwealth for any reason,

8

the State correctional facility, county correctional

9

facility, facility designed or operated for the benefit of

10

delinquent children or facility designated by the Department

11

of Public Welfare under Chapter 64 shall not release the out-

12

of-State offender from custody until it has received

13

verification from the Pennsylvania State Police that the

14

Pennsylvania State Police has received the registration

15

information. Verification by the Pennsylvania State Police

16

may occur by electronic means.

17

(d)  Notice required prior to travel outside Commonwealth.--

18

(1)  An out-of-State offender registered under this

19

subchapter shall provide notice to the Pennsylvania State

20

Police at least ten days before traveling outside this

21

Commonwealth and at least 21 days before traveling outside

22

the United States, provided the offender will be outside this

23

Commonwealth for at least seven days.

24

(2)  The out-of-State offender shall specify the place at

25

which the out-of-State offender will be located outside this

26

Commonwealth and the purposes of and the duration of the

27

travel.

28

(e)  Appearance required prior to temporary lodgings.--An

29

out-of-State offender who resides or is habitually located in

30

this Commonwealth who will be away from the offender's residence

- 80 -

 


1

or habitual locale at any location for at least seven days

2

shall, not less than five days in advance of travel, appear at

3

an approved registration site and notify the Pennsylvania State

4

Police of the place at which the offender will be temporarily

5

lodged and the duration of the travel.

6

(f)  Duties for offenders in custody or under supervision.--

7

Notwithstanding the provisions of this section, an out-of-State

8

offender who is incarcerated in a Pennsylvania correctional

9

facility serving a sentence of intermediate punishment or

10

otherwise under the supervision of the Pennsylvania Board of

11

Probation and Parole or any county probation and parole office

12

shall register in accordance with the provisions of this

13

section.

14

(g)  Registration information to law enforcement.--

15

(1)  (i)  The Pennsylvania State Police shall provide the

16

information obtained under this section to the district

17

attorney of the county or counties in which the

18

individual will be present, the chief law enforcement

19

officers of the police departments of the municipalities

20

in which the individual will be present and the probation

21

or parole office where the individual will be present.

22

(ii)  The Pennsylvania State Police shall notify the

23

sexual offender registry of any other jurisdiction with

24

which the individual is registered.

25

(2)  (i)  The Pennsylvania State Police shall provide

26

notice to the chief law enforcement officers of the

27

police departments of the municipalities notified

28

pursuant to paragraph (1) when an individual fails to

29

comply with the registration requirements of this section

30

and request, as appropriate, that the police departments

- 81 -

 


1

assist in locating and apprehending the individual.

2

(ii)  The Pennsylvania State Police shall notify the

3

United States Marshals Service of the individual's

4

failure to comply.

5

(3)  The Pennsylvania State Police shall provide notice

6

to the chief law enforcement officers of the police

7

departments of the municipalities notified pursuant to

8

paragraph (1) when the Pennsylvania State Police are in

9

receipt of information indicating that the individual will no

10

longer be present in the municipality.

11

(4)  (i)  If an out-of-State offender informs the

12

Pennsylvania State Police of the offender's intent to

13

travel outside or be temporarily lodged outside this

14

Commonwealth, the Pennsylvania State Police shall, within

15

72 hours of being notified, inform the jurisdiction where

16

the offender or out-of-State offender intends to travel

17

or be temporarily lodged.

18

(ii)  When an offender or out-of-State offender

19

informs the Pennsylvania State Police of the offender's

20

intent to travel outside or be temporarily lodged outside

21

the United States, the Pennsylvania State Police shall,

22

within 72 hours of being notified, inform the United

23

States Marshals Service.

24

(h)  Penalty.--An out-of-State offender who fails to comply

25

with the requirements of this subchapter is subject to

26

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

27

comply with registration of sexual offenders requirements).

28

§ 9799.16.  Length of registration.

29

(a)  Classifications.--Offenders, out-of-State offenders,

30

juvenile offenders and sexually violent predators shall register

- 82 -

 


1

in accordance with this subchapter for the following periods of

2

time:

3

(1)  Class 1 sexual offenders and Class 1 out-of-State

4

offenders shall register for 15 years.

5

(2)  Class 2 sexual offenders, Class 2 out-of-State

6

offenders and juvenile offenders shall register for 25 years.

7

(3)  Class 3 sexual offenders, Class 3 out-of-State

8

offenders and sexually violent predators shall register for

9

life.

10

(b)  Tolling.--The registration periods required by this

11

subchapter shall be tolled when an offender, out-of-State

12

offender or juvenile offender is in custody or civilly committed

13

for any reason.

14

§ 9799.17.  Court notification and classification requirements.

15

(a)  Notice to and classification of offenders.--At the time

16

of sentencing, juvenile delinquency disposition or commitment

17

for involuntary treatment under Chapter 64 (relating to court-

18

ordered involuntary treatment of certain sexually violent

19

persons), the court shall inform offenders of the provisions of

20

this subchapter. The court shall:

21

(1)  Specifically inform the offender of the duty to

22

register and require the offender to register immediately

23

following sentencing or disposition in accordance with this

24

subchapter.

25

(2)  Specifically inform the offender of the duty to

26

verify the offender's registration in accordance with this

27

subchapter, and the duty to update the offender's

28

registration information with the Pennsylvania State Police

29

within 72 hours of any change in registration information.

30

(3)  Specifically inform the offender of the duty to

- 83 -

 


1

notify the Pennsylvania State Police within 72 hours if the

2

offender intends to leave this Commonwealth or if the

3

offender intends to establish an additional residence, place

4

of employment or attend school in another jurisdiction. The

5

court shall also inform the offender of the duty to register

6

in the new jurisdiction with the relevant law enforcement

7

agency no later than 72 hours after arrival in that

8

jurisdiction.

9

(4)  Specifically inform the offender of the duty to

10

register with the appropriate authorities in any state in

11

which the offender is employed, carries on a vocation or is a

12

student if the state requires registration.

13

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

14

that the duty to register under this subchapter has been

15

explained. If the offender is incapable of speaking, reading

16

or writing the English language, the court shall certify the

17

duty to register was explained to the offender, and the

18

offender indicated an understanding of the duty.

19

(6)  Specifically classify the offender as a Class 1,

20

Class 2 or Class 3 sexual offender, sexually violent predator

21

or juvenile offender subject to this subchapter.

22

(b)  Supplemental notice.--Notice shall also be provided to

23

an individual a court is sentencing for a crime, if that crime

24

is a felony and the individual was previously convicted at any

25

time of a Class 1, Class 2 or Class 3 sexual offense or a

26

similar offense or was convicted of an offense specified in 42

27

U.S.C. § 16911(5)(A)(iii), (iv) and (v) (relating to relevant

28

definitions, including Amie Zyla expansion of sex offender

29

definition and expanded inclusion of child predators).

30

(c)  Mandatory registration.--All offenders must register in

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1

accordance with this subchapter.

2

(1)  A failure by a court to provide the information

3

required in this section, to correctly inform an offender of

4

the offender's obligations or to require an offender to

5

register shall not free an offender from the registration

6

requirements as stated in this subchapter.

7

(2)  As registration pursuant to this subchapter is a

8

collateral civil consequence of an offender's conviction,

9

adjudication of delinquency or commitment for involuntary

10

treatment, and is not to be construed as punitive, no court

11

shall have the authority to exempt an offender from

12

registration pursuant to this subchapter or otherwise modify

13

the terms of an offender's registration.

14

§ 9799.18.  Assessments.

15

(a)  Order for assessment.--After conviction but before

16

sentencing, a court shall order an individual convicted of a

17

Class 1, Class 2 or Class 3 sexual offense to be assessed by the

18

board. The order for an assessment shall be sent to the

19

administrative officer of the board within ten days of the date

20

of conviction for a Class 1, Class 2 or Class 3 sexual offense.

21

(b)  Assessment.--Upon receipt from the court of an order for

22

an assessment, a member of the board as designated by the

23

administrative officer of the board shall conduct an assessment

24

of the individual to determine if the individual should be

25

classified as a sexually violent predator. The board shall

26

establish standards for evaluations and for evaluators

27

conducting the assessments. An assessment shall include, but not

28

be limited to, an examination of the following:

29

(1)  Facts of the current offense, including:

30

(i)  Whether the offense involved multiple victims.

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1

(ii)  Whether the individual exceeded the means

2

necessary to achieve the offense.

3

(iii)  The nature of the sexual contact with the

4

victim.

5

(iv)  Relationship of the individual to the victim.

6

(v)  Age of the victim.

7

(vi)  Whether the offense included a display of

8

unusual cruelty by the individual during the commission

9

of the crime.

10

(vii)  The mental capacity of the victim.

11

(2)  Prior offense history, including:

12

(i)  The individual's prior criminal record.

13

(ii)  Whether the individual completed any prior

14

sentences.

15

(iii)  Whether the individual participated in

16

available programs for sexual offenders.

17

(3)  Characteristics of the individual, including:

18

(i)  Age.

19

(ii)  Use of illegal drugs.

20

(iii)  Any mental illness, mental disability or

21

mental abnormality.

22

(iv)  Behavioral characteristics that contribute to

23

the individual's conduct.

24

(4)  Factors that are supported in a sexual offender

25

assessment field as criteria reasonably related to the risk

26

of re-offense.

27

(c)  Release of information.--All State, county and local

28

agencies, offices and entities in this Commonwealth, including

29

juvenile probation officers, shall cooperate by providing copies

30

of records and information as requested by the board in

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1

connection with the court-ordered assessment and the assessment

2

requested by the Pennsylvania Board of Probation and Parole or

3

the assessment of a delinquent child under section 6358

4

(relating to assessment of delinquent children by the State

5

Sexual Offenders Assessment Board).

6

(d)  Submission of report by board.--The board shall have 90

7

days from the date of conviction of the individual to submit a

8

written report containing its assessment to the district

9

attorney.

10

(d.1)  Summary of offense.--The board shall prepare a

11

description of the offense or offenses that trigger the

12

application of this subchapter to include, but not be limited

13

to:

14

(1)  A concise narrative of the offender's conduct.

15

(2)  Whether the victim was a minor.

16

(3)  The manner of weapon or physical force used or

17

threatened.

18

(4)  If the offense involved unauthorized entry into a

19

room or vehicle occupied by the victim.

20

(5)  If the offense was part of a course or pattern of

21

conduct involving multiple incidents or victims.

22

(6)  Previous instances in which the offender was

23

determined guilty of an offense subject to this subchapter or

24

of a crime of violence as defined in section 9714(g)

25

(relating to sentences for second and subsequent offenses).

26

(e)  Hearing.--

27

(1)  A hearing to determine whether the individual is a

28

sexually violent predator shall be scheduled upon the

29

praecipe filed by the district attorney. The district

30

attorney upon filing a praecipe shall serve a copy of same

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1

upon defense counsel together with a copy of the report of

2

the board.

3

(2)  The individual and district attorney shall be given

4

notice of the hearing and an opportunity to be heard, the

5

right to call witnesses, the right to call expert witnesses

6

and the right to cross-examine witnesses. In addition, the

7

individual shall have the right to counsel and to have an

8

attorney appointed to represent the individual if the

9

individual cannot afford one. If the individual requests

10

another expert assessment, the individual shall provide a

11

copy of the expert assessment to the district attorney prior

12

to the hearing.

13

(3)  At the hearing prior to sentencing the court shall

14

determine whether the Commonwealth has proved by clear and

15

convincing evidence that the individual is a sexually violent

16

predator.

17

(4)  A copy of the order containing the determination of

18

the court shall be immediately submitted to the individual,

19

the district attorney, the Pennsylvania Board of Probation

20

and Parole, the Department of Corrections, the board and the

21

State sexual offender registry of the Pennsylvania State

22

Police.

23

(f)  Presentence investigation.--If the board has performed

24

an assessment under this section, copies of the report shall be

25

provided to the agency preparing the presentence investigation.

26

(g)  Parole assessment.--The Pennsylvania Board of Probation

27

and Parole may request of the board that an assessment of an

28

offender be conducted and provide a report to the Pennsylvania

29

Board of Probation and Parole prior to considering an offender

30

for parole.

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1

(h)  Delinquent children.--The probation officer shall notify

2

the board 90 days prior to the 20th birthday of the child of the

3

status of the delinquent child who is committed to an

4

institution or other facility pursuant to section 6352 (relating

5

to disposition of delinquent child) after having been found

6

delinquent for an act of sexual violence that if committed by an

7

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

8

rape), 3123 (relating to involuntary deviate sexual

9

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

10

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

11

indecent assault) or 4302 (relating to incest), together with

12

the location of the facility where the child is committed. The

13

board shall conduct an assessment of the child, which shall

14

include the board's determination of whether or not the child is

15

in need of commitment due to a mental abnormality as defined in

16

section 6402 (relating to definitions) or a personality

17

disorder, either of which results in serious difficulty in

18

controlling sexually violent behavior, and provide a report to

19

the court within the time frames set forth in section 6358(c).

20

The probation officer shall assist the board in obtaining access

21

to the child and any records or information as requested by the

22

board in connection with the assessment. The assessment shall be

23

conducted under subsection (b).

24

§ 9799.19.  Verification of registration information.

25

(a)  Quarterly verification.--Except as otherwise provided

26

under subsection (h), sexually violent predators, Class 3 sexual

27

offenders, Class 3 out-of-State sexual offenders, offenders

28

subject to registration under section 9799.13 (relating to

29

registration) due to an adjudication of delinquency for a

30

qualifying offense or a civil commitment and all transient

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1

offenders and transient out-of-State offenders shall verify

2

their registration information quarterly after their

3

registration start date by reporting in person to an approved

4

registration site to verify the offender's registration

5

information and be photographed. If the offender or out-of-State

6

offender fails to report within ten days prior to the offender's

7

quarterly reporting date, the offender or out-of-State offender

8

will be in violation of this subsection.

9

(b)  Facilitation of quarterly verification.--The

10

Pennsylvania State Police shall facilitate and administer the

11

verification process required under subsection (a) by doing all

12

of the following:

13

(1)  Sending a nonforwardable verification notice by

14

first class United States mail to all individuals referenced

15

in subsection (a) at their last reported mailing location.

16

This notice shall be sent not more than 30 days nor less than

17

15 days prior to the offender's or out-of-State offender's

18

quarterly verification period and shall remind the offender

19

of the offender's reporting date and provide the offender

20

with a list of approved registration sites.

21

(2)  Providing verification forms as necessary to each

22

approved registration site, the Department of Corrections,

23

county correctional facilities, the Pennsylvania Board of

24

Probation and Parole and county probation and parole

25

departments.

26

(c)  Semiannual verification.--Except as provided under

27

subsection (h), all Class 2 sexual offenders and Class 2 out-of-

28

State sexual offenders, except for transient offenders and

29

transient out-of-State offenders subject to quarterly

30

verification, shall verify their registration information

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1

semiannually after their registration start date by reporting in

2

person to an approved registration site to verify the offender's

3

registration information and to be photographed. If the offender

4

or out-of-State offender fails to report within ten days prior

5

to the offender's semiannual reporting date, the offender or

6

out-of-State offender will be in violation of this subsection.

7

(d)  Facilitation of semiannual verification.--The

8

Pennsylvania State Police shall facilitate and administer the

9

verification process required under subsection (c) by doing all

10

of the following:

11

(1)  Sending a nonforwardable verification notice by

12

first class United States mail to all individuals referenced

13

in subsection (c) at their last reported mailing location.

14

This notice shall be sent not more than 30 days nor less than

15

15 days prior to the offender's or out-of-State offender's

16

semiannual reporting date and shall remind the offender of

17

the offender's semiannual verification requirement and

18

provide the offender with a list of approved registration

19

sites.

20

(2)  Providing verification forms as necessary to each

21

approved registration site, the Department of Corrections,

22

county correctional facilities, the Pennsylvania Board of

23

Probation and Parole and county probation and parole

24

departments.

25

(e)  Annual verification.--All Class 1 offenders and Class 1

26

out-of-State offenders, except for transient offenders and

27

transient out-of-State offenders subject to quarterly

28

verification, shall verify their registration information

29

annually following their registration start date by reporting in

30

person to an approved registration site to verify the offender's

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1

registration information and to be photographed. If the offender

2

or out-of-State offender fails to report within ten days before

3

the offender's annual reporting date, the offender or out-of-

4

State offender will be in violation of this subsection.

5

(f)  Facilitation of annual verification.--The Pennsylvania

6

State Police shall facilitate and administer the verification

7

process required by subsection (e) by doing the following:

8

(1)  Sending a nonforwardable verification notice by

9

first class United States mail to individuals referenced in

10

subsection (e) at their last reported mailing location. This

11

notice shall be sent not more than 30 days nor less than 15

12

days prior to the offender's or out-of-State offender's

13

annual reporting date and shall remind the offender of the

14

offender's annual verification requirement and provide the

15

offender with a list of approved registration sites.

16

(2)  Providing verification forms as necessary to each

17

approved registration site, the Department of Corrections,

18

county correctional facilities, the Pennsylvania Board of

19

Probation and Parole and county probation and parole

20

departments.

21

(g)  Offenders on probation or parole.--If an offender or

22

out-of-State offender is under the supervision of the

23

Pennsylvania Board of Probation and Parole or a county or

24

juvenile probation or parole department, the offender or out-of-

25

State offender shall report in person to the parole or probation

26

office to verify the offender's registration information and to

27

be photographed. The Pennsylvania Board of Probation and Parole

28

and county and juvenile probation and parole departments shall

29

collect the verification information for all offenders and out-

30

of-State offenders under their supervision on a form prescribed

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1

by the Pennsylvania State Police and photograph the offender and

2

out-of-State offender. The Pennsylvania Board of Probation and

3

Parole and county and juvenile probation and parole departments

4

shall immediately submit the registration information and

5

photographs to the Pennsylvania State Police.

6

(h)  Incarcerated or court-committed offenders.--

7

(1)  If an offender or out-of-State offender is

8

incarcerated in a State or county correctional facility, the

9

offender or out-of-State offender shall report to the

10

designated official at the facility annually to verify the

11

offender's registration information and be photographed. The

12

facilities shall ensure the collection of the verification

13

information for offenders and out-of-State offenders in their

14

custody on a form prescribed by the Pennsylvania State Police

15

and photograph the offenders and out-of-State offenders. The

16

facilities shall immediately submit the information and

17

photographs to the Pennsylvania State Police.

18

(2)  If an offender or out-of-State offender is under a

19

court-ordered residential placement in an institution, youth

20

development center, camp, institution operated by the

21

Department of Public Welfare or other facility designated by

22

the Department of Public Welfare under Chapter 64 (relating

23

to court-ordered involuntary treatment of certain sexually

24

violent persons), the offender or out-of-State offender shall

25

report to the designated official at the facility annually to

26

verify the registration information and be photographed. The

27

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

28

offender available for and facilitate the collection of

29

registration information as instructed by the Pennsylvania

30

State Police and provide the information to the Pennsylvania

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1

State Police.

2

(i)  Change of registration information.--The Pennsylvania

3

State Police shall report an offender's or out-of-State

4

offender's change of registration information to the appropriate

5

law enforcement agency having jurisdiction. If the offender or

6

out-of-State offender changes residence, habitual locale, place

7

of employment or place of enrollment as a student to another

8

jurisdiction, the Pennsylvania State Police shall notify the

9

appropriate law enforcement agency with which the offender or

10

out-of-State offender must register in the new jurisdiction.

11

(j)  Failure to verify registration information.--If an

12

offender, out-of-State offender, transient offender or transient

13

out-of-State offender fails to verify the offender's

14

registration information within the time periods as set forth in

15

this section, the Pennsylvania State Police shall notify, where

16

applicable, the municipal police department having jurisdiction

17

of the offender's or out-of-State offender's last reported

18

residence, habitual locale, employer or school and of the

19

offender's or out-of-State offender's failure to appear. The

20

Pennsylvania State Police shall also notify the United States

21

Marshals Service of the offender's or out-of-State offender's

22

failure to appear. The municipal police shall locate the

23

offender or out-of-State offender and arrest the offender for

24

violating this section. If the municipal police are not able to

25

locate the offender or out-of-State offender, the municipal

26

police shall obtain an arrest warrant for the offender or out-

27

of-State offender and send a copy of the arrest warrant to the

28

Pennsylvania State Police. In jurisdictions where no municipal

29

police jurisdiction exists, the Pennsylvania State Police shall

30

assume responsibility for locating the offender or out-of-State

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1

offender, obtaining an arrest warrant and arresting the offender

2

or out-of-State offender. Upon request, the Pennsylvania State

3

Police shall assist any municipal police department with

4

locating and arresting an offender or out-of-State offender who

5

fails to verify registration information.

6

(k)  Penalty.--An offender or out-of-State offender who fails

7

to verify registration information or to be photographed as

8

required by this section may be subject to prosecution under 18

9

Pa.C.S. § 4915 (relating to failure to comply with registration

10

of sexual offenders requirements).

11

(l)  Effect of notice.--Failure to send or receive notice of

12

information under this section shall not relieve the offender or

13

out-of-State offender from the requirements of this subchapter.

14

§ 9799.20.  Victim notification.

15

(a)  Duty to inform victim.--

16

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

17

violent predator, the Pennsylvania State Police shall give

18

notice to the sexually violent predator's victim when the

19

sexually violent predator registers initially and when the

20

offender notifies the Pennsylvania State Police of a change

21

of residence, habitual locale, employment or school. This

22

notice shall be given within 72 hours after the sexually

23

violent predator registers or notifies the Pennsylvania State

24

Police of a change of residence, employment or school. The

25

notice shall contain the sexually violent predator's name and

26

the address or addresses where the sexually violent predator

27

resides, is habitually located, employed or attends school.

28

(2)  A victim may terminate the duty to inform set forth

29

in paragraph (1) by providing the Pennsylvania State Police

30

with a written statement releasing that agency from the duty

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1

to comply with this section as it pertains to that victim.

2

(b)  Individual not determined to be a sexually violent

3

predator.--If an individual is not determined to be a sexually

4

violent predator, the victim shall be notified in accordance

5

with section 201 of the act of November 24, 1998 (P.L.882,

6

No.111), known as the Crime Victims Act.

7

(c)  Electronic notification option.—-Notwithstanding

8

subsections (a) and (b), the Pennsylvania State Police shall

9

develop and implement a system that allows victims and other

10

members of the public to receive electronic notification in lieu

11

of the notification in subsections (a) and (b) when a sexual

12

offender, out-of-State sexual offender or sexually violent

13

predator changes residence, habitual locale, employment or

14

school.

15

§ 9799.21.  Other notification.

16

(a)  Notice.--Notwithstanding the provisions of 18 Pa.C.S.

17

Ch. 91 (relating to criminal history record information) and

18

Chapter 63 (relating to juvenile matters), the chief law

19

enforcement officer of the police department of the municipality

20

where a sexually violent predator lives shall be responsible for

21

providing written notice as required under this section.

22

(1)  The notice shall contain:

23

(i)  The name of the sexually violent predator.

24

(ii)  The address or addresses at which the sexually

25

violent predator resides. If the sexually violent

26

predator is a transient, written notice under this

27

subparagraph shall include the municipality and county

28

containing the transient's habitual locale.

29

(iii)  The offense for which the sexually violent

30

predator was convicted, sentenced by a court, adjudicated

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1

delinquent or court-martialed.

2

(iv)  A statement that the offender has been

3

determined to be a sexually violent predator, which

4

determination has or has not been terminated as of a date

5

certain.

6

(v)  A photograph of the sexually violent predator.

7

(2)  The notice shall not include any information that

8

might reveal the victim's name, identity and residence.

9

(b)  Written notice recipients.--The chief law enforcement

10

officer shall provide written notice, under subsection (a), to

11

the following persons:

12

(1)  Neighbors of the sexually violent predator. As used

13

in this paragraph, where the sexually violent predator lives

14

in a common interest community, the term "neighbor" includes

15

the unit owners' association and residents of the common

16

interest community. As used in this paragraph, where the

17

sexually violent predator is transient, the term "neighbor"

18

shall include the area of the offender's habitual locales,

19

and the chief law enforcement officer shall determine the

20

appropriate method for providing written notice.

21

(2)  The director of the county children and youth

22

service agency of the county where the sexually violent

23

predator resides or, if the sexually violent predator is

24

transient, each county containing the sexually violent

25

predator's habitual locale.

26

(3)  The superintendent of each school district and the

27

equivalent official for private and parochial schools

28

enrolling students up through 12th grade in the municipality

29

where the sexually violent predator resides or, if the

30

sexually violent predator is transient, each municipality

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1

containing the sexually violent predator's habitual locale.

2

(4)  The superintendent of each school district and the

3

equivalent official for each private and parochial school

4

located within a one-mile radius of where the sexually

5

violent predator resides or maintains a habitual locale.

6

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

7

licensed preschool program and owner/operator of each

8

registered family day-care home in the municipality where the

9

sexually violent predator resides or, if the sexually violent

10

predator is transient, each municipality containing the

11

sexually violent predator's habitual locale.

12

(6)  The president of each college, university and

13

community college located within 1,000 feet of a sexually

14

violent predator's residence or where the sexually violent

15

predator maintains a habitual locale.

16

(c)  Notification time frames.--The municipal police

17

department's chief law enforcement officer shall provide notice

18

within the following time frames:

19

(1)  To neighbors, notice shall be provided within five

20

days after information of the sexually violent predator's

21

release date, establishment of residence or habitual locale

22

or change of residence or habitual locale has been received

23

by the chief law enforcement officer. Notwithstanding the

24

provisions of subsections (a) and (b), verbal notification

25

may be used if written notification would delay meeting this

26

time requirement.

27

(2)  To the persons specified in subsection (b)(2), (3),

28

(4), (5) and (6), notice shall be provided within seven days

29

after the chief law enforcement officer receives information

30

regarding the sexually violent predator's release date,

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1

establishment of residence or habitual locale or change of

2

residence or habitual locale.

3

(d)  Public notice.--Information provided in accordance with

4

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

5

request. The information may be provided by electronic means.

6

(e)  Interstate transfers.--The duties of police departments

7

under this section shall also apply to individuals who are

8

transferred to this Commonwealth under 61 Pa.C.S. Ch. 71 Subch.

9

B (relating to Interstate Compact for the Supervision of Adult

10

Offenders) or the act of July 2, 2004 (P.L.468, No.54), known as

11

the Interstate Compact for Juveniles Act.

12

§ 9799.22.  Information made available to the public.

13

(a)  Internet website.--The Commissioner of the Pennsylvania

14

State Police shall do the following:

15

(1)  Develop and maintain a system for making the

16

information described in subsection (b) publicly available by

17

electronic means so that the public may, without limitation,

18

obtain access to the information via an Internet website to

19

view an individual record or the records of offenders and

20

out-of-State offenders and who are registered with the

21

Pennsylvania State Police.

22

(2)  Ensure the Internet website contains warnings that a

23

person who uses the information contained therein to

24

threaten, intimidate or harass another or who otherwise

25

misuses that information may be criminally prosecuted.

26

(3)  Ensure the Internet website contains an explanation

27

of its limitations, including statements advising that:

28

(i)  A positive identification of an offender or out-

29

of-State offender whose record has been made available

30

may be confirmed only by fingerprints.

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1

(ii)  Some information contained on the Internet

2

website may be outdated or inaccurate.

3

(iii)  The Internet website is not a comprehensive

4

listing of every person who has ever committed a sex

5

offense in Pennsylvania.

6

(4)  Strive to ensure the information contained on the

7

Internet website is accurate and that the data therein is

8

revised and updated within 72 hours of a change in

9

registration information.

10

(5)  Provide on the Internet website general information

11

designed to inform and educate the public about sex offenders

12

and the operation of this subchapter as well as pertinent and

13

appropriate information concerning crime prevention and

14

personal safety, with appropriate links to other relevant

15

Internet websites operated by the Commonwealth.

16

(b)  Required information.--Notwithstanding 18 Pa.C.S. Ch. 91

17

(relating to criminal history record information) and Chapter 63

18

(relating to juvenile matters), the Internet website shall

19

contain the following information for individuals registered

20

with the Pennsylvania State Police:

21

(1)  Name and aliases.

22

(2)  Year of birth.

23

(3)  Street address, city, municipality, county and zip

24

code of residences and intended residences.

25

(4)  Street address, city, municipality, county and zip

26

code of any institution or location at which the person is

27

enrolled as a student.

28

(5)  Street address, city, municipality, county and zip

29

code of an employment location.

30

(6)  Photograph of the offender or out-of-State offender

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1

that shall be updated no less than every year.

2

(7)  Physical description of the offender or out-of-State

3

offender.

4

(8)  License plate number and a description of a vehicle

5

owned or operated by the offender or out-of-State offender.

6

(9)  A citation or link to text of the statutory

7

provision defining the criminal offense for which the

8

offender or out-of-State offender is registered.

9

(10)  Date of the offense and conviction.

10

(11)  Date the offender or out-of-State offender last

11

verified the offender's registration information.

12

(12)  Compliance status.

13

(13)  Abstract of criminal history record indicating

14

convictions for Class 1, Class 2 and Class 3 sexual offenses,

15

as well as, where applicable, convictions for violations of

16

18 Pa.C.S. § 4915 (relating to failure to comply with

17

registration of sexual offenders requirements).

18

(14)  Other information required by Federal law.

19

(c)  (Reserved).

20

(d)  Duration of posting.--When an offender or out-of-State

21

offender is deceased or no longer present in this Commonwealth,

22

the posting shall remain on the website for a period of 60 days

23

along with a notice of the offender's or out-of-State offender's

24

change in status and the date the posting will be removed from

25

the website.

26

(e)  Duty of Pennsylvania State Police.--Notwithstanding 18

27

Pa.C.S. Ch. 91, the Pennsylvania State Police shall develop and

28

implement a process that allows members of the public to receive

29

electronic notification when any registered offender is present

30

or no longer present within a geographic radius specified by the

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1

requester.

2

(f)  Chief law enforcement officer.--Notwithstanding any of

3

the provisions of 18 Pa.C.S. Ch. 91, the chief law enforcement

4

officer of the police department with primary jurisdiction over

5

the municipality where an offender or out-of-State offender is

6

present may disseminate all information in subsection (c) to the

7

public through any available means it deems necessary including,

8

but not limited to, newspaper, television, radio and community

9

meetings. This information shall be available, upon request, to

10

the general public.

11

(g)  Exception.--Unless the offender or out-of-State offender

12

has been subject to a court-ordered involuntary commitment under

13

Chapter 64 (relating to court-ordered involuntary treatment of

14

certain sexually violent persons) or equivalent statute in

15

another jurisdiction, offenders and out-of-State offenders who

16

are required to register under section 9799.13 (relating to

17

registration) because of an adjudication of delinquency for a

18

qualifying offense shall not be subject to public notification

19

under the requirements of this section.

20

§ 9799.23.  Administration.

21

The Governor shall direct the Pennsylvania State Police, the

22

Pennsylvania Board of Probation and Parole, the board, the

23

Department of Corrections, the Department of Transportation and

24

any other agency of the Commonwealth the Governor deems

25

necessary to collaboratively design, develop and implement an

26

integrated and secure system of communication, storage and

27

retrieval of information to assure the timely, accurate and

28

efficient administration of this subchapter.

29

§ 9799.24.  Global positioning system technology.

30

The Pennsylvania Board of Probation and Parole and county

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1

adult and juvenile probation authorities may impose supervision

2

conditions that include offender tracking through global

3

positioning system technology.

4

§ 9799.25.  Immunity for good faith conduct.

5

The following entities shall be immune from liability for

6

good faith conduct under this subchapter:

7

(1)  Agents and employees of the Pennsylvania State

8

Police and local law enforcement agencies.

9

(2)  District attorneys and their agents and employees.

10

(3)  Superintendents, administrators, teachers, employees

11

and volunteers engaged in the supervision of children of any

12

public, private or parochial school.

13

(4)  Directors and employees of county children and youth

14

agencies.

15

(5)  Presidents or similar officers of universities and

16

colleges, including community colleges.

17

(6)  The Pennsylvania Board of Probation and Parole and

18

its agents and employees.

19

(7)  County probation and parole offices and their agents

20

and employees.

21

(8)  Licensees of certified day-care centers and

22

directors of licensed preschool programs and owners and

23

operators of registered family day-care homes and their

24

agents and employees.

25

(9)  The Department of Corrections and its agents and

26

employees.

27

(10)  County correctional facilities and their agents and

28

employees.

29

(11)  The board and its members, agents and employees.

30

(12)  Juvenile probation offices and their agents and

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1

employees.

2

(13) The Department of Public Welfare and its agents and

3

employees.

4

(14)  Institutions, youth development centers, camps or

5

other facilities designed or operated for the benefit of

6

delinquent children and their agents and employees.

7

§ 9799.26.  Pennsylvania State Police.

8

(a)  Duties.--The Pennsylvania State Police have the

9

following duties:

10

(1)  Create and maintain a State sexual offender

11

registry.

12

(2)  Participate in the National Sex Offender Public

13

Registry maintained by the United States Department of

14

Justice, including the National Sex Offender Public Website.

15

(3)  Promulgate guidelines necessary for the general

16

administration of this subchapter and for complying with

17

Federal law.

18

(4)  Notify, within 72 hours of receiving and verifying

19

the offender's or out-of-State offender's registration, the

20

chief law enforcement officer of the police departments

21

having primary jurisdiction of the municipalities in which an

22

offender or out-of-State offender is present of the fact that

23

the offender or out-of-State offender has been registered

24

with the Pennsylvania State Police.

25

(5)  In consultation with the Department of Education and

26

the Department of Public Welfare, promulgate guidelines

27

directing licensed day-care centers, licensed preschool

28

programs, schools, universities and colleges, including

29

community colleges, on the proper use and administration of

30

information received under section 9799.22 (relating to

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1

information made available to the public).

2

(6)  In consultation with the Department of Corrections

3

and the Pennsylvania Board of Probation and Parole,

4

promulgate guidelines directing State and county correctional

5

facilities and State and county probation and parole offices

6

on the completion of registration information, updating of

7

registration information and verification of registration

8

information for all offenders or out-of-State offenders in

9

their custody or under their supervision.

10

(7)  In consultation with the Department of Public

11

Welfare and the Juvenile Court Judges Commission, promulgate

12

guidelines directing institutions, youth development centers,

13

camps or other facilities designed or operated for the

14

benefit of delinquent children on the completion of

15

registration information, updating of registration

16

information and verification of registration information for

17

all offenders or out-of-State offenders in their custody or

18

under their supervision.

19

(b)  Powers.--The Pennsylvania State Police may certify and

20

send to an authorized user, by electronic transmission or

21

otherwise, certified copies of an offender's sex offender

22

registration file. Authorized users shall include State and

23

local police, district attorneys, agents and employees of the

24

Pennsylvania State Police and the Office of Attorney General and

25

other persons or entities determined by the Pennsylvania State

26

Police and listed by notice in the Pennsylvania Bulletin. In any

27

proceeding before the courts or administrative bodies of this

28

Commonwealth, documents certified by the Pennsylvania State

29

Police under this section and offered into evidence by an

30

authorized user shall be admissible into evidence.

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1

§ 9799.27.  Pennsylvania Board of Probation and Parole, county

2

probation and parole departments and juvenile

3

probation departments.

4

(a)  Duties.--The Pennsylvania Board of Probation and Parole,

5

county probation and parole departments and juvenile probation

6

departments have the following duties:

7

(1)  Obtain, verify and update an offender's or out-of-

8

State offender's registration information in accordance with

9

this subchapter.

10

(2)  Immediately transmit the criminal history record of

11

the offender or out-of-State offender as provided in 18

12

Pa.C.S. Ch. 91 (relating to criminal history record

13

information) along with the registration information to the

14

Pennsylvania State Police for immediate entry into the State

15

sexual offender registry.

16

(3)  Require the offender or out-of-State offender to

17

report to the State or county parole and probation office or

18

juvenile probation office to complete a change of information

19

form within 72 hours of when an offender's or out-of-State

20

offender's registration information changes. This information

21

shall be immediately transmitted to the Pennsylvania State

22

Police.

23

(4)  Require the offender or out-of-State offender to

24

report to the State or county parole and probation office or

25

juvenile probation office to verify the offender's

26

registration information. This information shall be

27

immediately transmitted to the Pennsylvania State Police.

28

(5)  On a form prescribed by the Pennsylvania State

29

Police, notify the Pennsylvania State Police each time an

30

offender or out-of-State offender is arrested or is

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1

incarcerated.

2

(b)  Supervision conditions.--The Pennsylvania Board of

3

Probation and Parole may impose supervision conditions that

4

include offender or out-of-State offender tracking through

5

global positioning system technology.

6

§ 9799.28.  Department of Corrections, county correctional

7

facilities and facilities designed or operated for

8

the benefit of delinquent children.

9

The Department of Corrections, county correctional facilities

10

and facilities designed or operated for the benefit of

11

delinquent children shall have the following duties:

12

(1)  Obtain, verify and update an offender's or out-of-

13

State offender's registration information in accordance with

14

this subchapter.

15

(2)  Immediately transmit the criminal history record of

16

the offender or out-of-State offender as provided in 18

17

Pa.C.S. Ch. 91 (relating to criminal history record

18

information) along with the registration information to the

19

Pennsylvania State Police for immediate entry into the State

20

sexual offender registry.

21

(3)  On a form prescribed by the Pennsylvania State

22

Police, notify the Pennsylvania State Police each time an

23

offender or out-of-State offender is incarcerated in or

24

released from the respective facilities or transferred

25

between correctional facilities or residential reentry

26

facilities.

27

(4)  Assist offenders and out-of-State offenders

28

registering pursuant to this subchapter, as well as updating

29

and verifying registration information pursuant to this

30

subchapter.

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1

§ 9799.29.  Board.

2

(a)  Composition.--The board shall be composed of

3

psychiatrists, psychologists and criminal justice experts, each

4

of whom is an expert in the field of the behavior and treatment

5

of sexual offenders.

6

(b)  Appointment.--The Governor shall appoint the board

7

members.

8

(c)  Term of office.--Members of the board shall serve four-

9

year terms.

10

(d)  Compensation.--The members of the board shall be

11

compensated at a rate of $350 per assessment and receive

12

reimbursement for their actual and necessary expenses while

13

performing the business of the board. The chairman shall receive

14

$500 additional compensation annually.

15

(e)  Staff.--Support staff for the board shall be provided by

16

the Pennsylvania Board of Probation and Parole.

17

§ 9799.30.  Counseling of sexually violent predators.

18

A sexually violent predator shall be required to attend at

19

least monthly counseling sessions in a program approved by the

20

board and be financially responsible for all fees assessed from

21

the counseling sessions. The board shall monitor the compliance

22

of the sexually violent predator. If the sexually violent

23

predator can prove to the satisfaction of the court that the

24

sexually violent predator cannot afford to pay for the

25

counseling sessions, the offender shall nonetheless attend the

26

counseling sessions, and the parole office shall pay the

27

requisite fees.

28

§ 9799.31.  Exemption from notification for certain licensees

29

and their employees.

30

Nothing in this subchapter shall be construed as imposing a

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1

duty upon a person licensed under the act of February 19, 1980

2

(P.L.15, No.9), known as the Real Estate Licensing and

3

Registration Act, or an employee of the person, to disclose any

4

information regarding an individual required to register with

5

the State sexual offender registry pursuant to this subchapter.

6

§ 9799.32.  Annual performance audit.

7

(a)  Duties of the Attorney General.--The Attorney General

8

has the following duties:

9

(1)  Conduct a performance audit annually to determine

10

compliance with the requirements of this subchapter and any

11

guidelines promulgated under this subchapter. The audit

12

shall, at a minimum, include a review of the practices,

13

procedures and records of the Pennsylvania State Police, the

14

Pennsylvania Board of Probation and Parole, the Department of

15

Corrections, the board, the Administrative Office of

16

Pennsylvania Courts and any other State or local agency the

17

Attorney General deems necessary in order to conduct a

18

thorough and accurate performance audit.

19

(2)  Prepare an annual report of its findings and any

20

action it recommends be taken by the Pennsylvania State

21

Police, the Pennsylvania Board of Probation and Parole, the

22

Department of Corrections, the board, the Administrative

23

Office of Pennsylvania Courts, other State or local agencies

24

and the General Assembly to ensure compliance with this

25

subchapter. The first report shall be released to the general

26

public no fewer than 18 months following the effective date

27

of this section.

28

(3)  Provide a copy of its report to the Pennsylvania

29

State Police, the Pennsylvania Board of Probation and Parole,

30

the Department of Corrections, the board, the Administrative

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1

Office of Pennsylvania Courts, State or local agencies

2

referenced in the report, the chairman and the minority

3

chairman of the Judiciary Committee of the Senate and the

4

chairman and the minority chairman of the Judiciary Committee

5

of the House of Representatives no fewer than 30 days prior

6

to its release to the general public.

7

(b)  Cooperation required.--Notwithstanding any other

8

provision of law to the contrary, the Pennsylvania State Police,

9

the Pennsylvania Board of Probation and Parole, the Department

10

of Corrections, the board, the Administrative Office of

11

Pennsylvania Courts, the Pennsylvania Commission on Sentencing

12

and any other State or local agency requested to do so shall

13

fully cooperate with the Attorney General and assist the Office

14

of Attorney General in satisfying the requirements of this

15

section. For purposes of this subsection, full cooperation shall

16

include, at a minimum, complete access to unredacted records,

17

files, reports and data systems.

18

§ 9799.33.  Photographs and fingerprinting.

19

An individual subject to registration shall submit to

20

fingerprinting and photographing as required by this subchapter.

21

Fingerprinting as required by this subchapter shall, at a

22

minimum, require submission of a full set of fingerprints and

23

palm prints. Photographing as required by this subchapter shall,

24

at a minimum, require submission to photographs of the face and

25

any scars, marks, tattoos or other unique features of the

26

individual. Fingerprints and photographs obtained under this

27

subchapter may be maintained for use under this subchapter and

28

for general law enforcement purposes.

29

Section 6.  The definition of "other specified offense" in

30

section 2303 of Title 44 is amended to read:

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1

§ 2303.  Definitions.

2

The following words and phrases when used in this chapter

3

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

4

context clearly indicates otherwise:

5

* * *

6

"Other specified offense."  Any of the following:

7

(1)  A felony offense [or an].

8

(2)  An offense under 18 Pa.C.S. § 2910 (relating to

9

luring a child into a motor vehicle or structure) or 3126

10

(relating to indecent assault) or an attempt to commit such

11

an offense.

12

(3)  An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

13

(relating to registration of sexual offenders).

14

* * *

15

Section 7.  Section 2316 of Title 44 is amended by adding a

16

subsection to read:

17

§ 2316.  DNA sample required upon conviction, delinquency

18

adjudication and certain ARD cases.

19

* * *

20

(a.1)  Sex offender registration.--Notwithstanding any

21

provision of this chapter to the contrary, any person who is

22

subject to registration pursuant to 42 Pa.C.S. Ch. 97 Subch. H

23

(relating to registration of sexual offenders) shall have a DNA

24

sample taken in accordance with that subchapter and forwarded to

25

the State Police for inclusion in the State DNA data base and

26

State DNA data bank. The collection of DNA at the time of the

27

sex offender's registration, updating or verifying sex offender

28

registration information is not required if the individual has

29

previously submitted a DNA sample and the submission has been

30

confirmed with the State Police.

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1

* * *

2

Section 8.  Paragraph (4) of the definition of "eligible

3

offender" in section 4503 of Title 61 is amended to read:

4

§ 4503.  Definitions.

5

The following words and phrases when used in this chapter

6

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

7

context clearly indicates otherwise:

8

* * *

9

"Eligible offender."  A defendant or inmate convicted of a

10

criminal offense who will be committed to the custody of the

11

department and who meets all of the following eligibility

12

requirements:

13

* * *

14

(4)  Has not been found guilty or previously convicted or

15

adjudicated delinquent for violating any of the following

16

provisions or an equivalent offense under the laws of the

17

United States or one of its territories or possessions,

18

another state, the District of Columbia, the Commonwealth of

19

Puerto Rico or a foreign nation:

20

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

21

18 Pa.C.S. § 5901 (relating to open lewdness).

22

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

23

children).

24

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

25

minor).

26

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

27

children).

28

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

29

child pornography).

30

Received a criminal sentence pursuant to 42 Pa.C.S. §

- 112 -

 


1

9712.1 (relating to sentences for certain drug offenses

2

committed with firearms).

3

Any Class 1 sexual offense, Class 2 sexual offense or

4

Class 3 sexual offense [listed under 42 Pa.C.S. § 9795.1

5

(relating to registration)], as defined in 42 Pa.C.S. §

6

9799.12 (relating to definitions).

7

* * *

8

Section 9.  Section 6137(a)(3.1)(ii) of Title 61 is amended

9

to read:

10

§ 6137.  Parole power.

11

(a)  General criteria for parole.--

12

* * *

13

(3.1)  * * *

14

(ii)  This paragraph shall not apply to offenders who

15

are currently serving a term of imprisonment for a crime

16

of violence as defined in 42 Pa.C.S. § 9714 (relating to

17

sentences for second and subsequent offenses) or for a

18

crime requiring registration under 42 Pa.C.S. § [9795.1] 

19

9799.13 (relating to registration).

20

* * *

21

Section 10.  This act shall apply to the following:

22

(1)  All individuals required to register under 42

23

Pa.C.S. Ch. 97 Subch. H on or after the effective date of

24

this section.

25

(2)  All individuals required to register under 42

26

Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to

27

the effective date of this section and whose registration has

28

not expired prior to the effective date of this section.

29

Section 10.1.  The addition of 42 Pa.C.S. § 9799.13(c) shall

30

apply to all group-based homes and their residents, regardless

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1

of when the group-based homes began to provide housing or the

2

residents began their residency.

3

Section 11.  This act shall take effect as follows:

4

(1)  The amendment of the following provisions shall take

5

effect immediately:

6

(i)  18 Pa.C.S. §§ 4501 and 4915.

7

(ii)  42 Pa.C.S. §§ 9718.3, 9792, 9795.1, 9795.2,

8

9795.3, 9796, 9798, 9799, 9799.1, 9799.4, 9799.9 and

9

9799.10.

10

(2)  Section 10 of this act and this section shall take

11

effect immediately.

12

(3)  The remainder of this act shall take effect in one

13

year.

14

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

<--

15

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

16

4915 of Title 18 of the Pennsylvania Consolidated Statutes are

17

amended to read:

18

§ 2901.  Kidnapping.

19

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

20

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

21

unlawfully removes another a substantial distance under the

22

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

23

unlawfully confines another for a substantial period in a place

24

of isolation, with any of the following intentions:

25

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

26

hostage.

27

(2)  To facilitate commission of any felony or flight

28

thereafter.

29

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

30

victim or another.

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1

(4)  To interfere with the performance by public

2

officials of any governmental or political function.

3

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

4

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

5

years of age a substantial distance under the circumstances from

6

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

7

person under 18 years of age for a substantial period in a place

8

of isolation, with any of the following intentions:

9

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

10

hostage.

11

(2)  To facilitate commission of any felony or flight

12

thereafter.

13

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

14

victim or another.

15

(4)  To interfere with the performance by public

16

officials of any governmental or political function.

17

(b)  Grading.--[Kidnapping is a felony] The following apply:

18

(1)  Kidnapping under subsection (a) is a felony of the

19

first degree. A removal or confinement is unlawful within the

20

meaning of [this section] subsection (a) if it is

21

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

22

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

23

incapacitated person, if it is accomplished without the

24

consent of a parent, guardian or other person responsible for

25

general supervision of his welfare.

26

(2)  Kidnapping under subsection (a.1) is a felony of the

27

first degree. A removal or confinement is unlawful within the

28

meaning of subsection (a.1) if it is accomplished by force,

29

threat or deception, or in the case of a person under 14

30

years of age, if it is accomplished without consent of a

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1

parent, guardian or other person responsible for general

2

supervision of his welfare.

3

§ 2902.  Unlawful restraint.

4

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

5

as provided under subsection (b) or (c), a person commits a

6

misdemeanor of the first degree if he knowingly:

7

(1)  restrains another unlawfully in circumstances

8

exposing him to risk of serious bodily injury; or

9

(2)  holds another in a condition of involuntary

10

servitude.

11

[(b)  Grading.--

12

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

13

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

14

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

15

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

16

of the second degree.]

17

(b)  Unlawful restraint of a minor where offender is not

18

victim's parent.--If the victim is a person under 18 years of

19

age, a person who is not the victim's parent commits a felony of

20

the second degree if he knowingly:

21

(1)  restrains another unlawfully in circumstances

22

exposing him to risk of serious bodily injury; or

23

(2)  holds another in a condition of involuntary

24

servitude.

25

(c)  Unlawful restraint of minor where offender is victim's

26

parent.--If the victim is a person under 18 years of age, a

27

parent of the victim commits a felony of the second degree if he

28

knowingly:

29

(1)  restrains another unlawfully in circumstances

30

exposing him to risk of serious bodily injury; or

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1

(2)  holds another in a condition of involuntary

2

servitude.

3

§ 2903.  False imprisonment.

4

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

5

as provided under subsection (b) or (c), a person commits a

6

misdemeanor of the second degree if he knowingly restrains

7

another unlawfully so as to interfere substantially with his

8

liberty.

9

[(b)  Grading.--

10

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

11

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

12

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

13

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

14

of the second degree.]

15

(b)  False imprisonment of a minor where offender is victim's

16

parent.--If the victim is a person under 18 years of age, a

17

person who is not the victim's parent commits a felony of the

18

second degree if he knowingly restrains another unlawfully so as

19

to interfere substantially with his liberty.

20

(c)  False imprisonment of a minor where offender is victim's

21

parent.--If the victim is a person under 18 years of age, a

22

parent of the victim commits a felony of the second degree if he

23

knowingly:

24

(1)  restrains another unlawfully in circumstances

25

exposing him to risk of serious bodily injury; or

26

(2)  holds another in a condition of involuntary

27

servitude.

28

§ 3122.1.  Statutory sexual assault.

29

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

30

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

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1

the second degree when that person engages in sexual intercourse

2

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

3

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

4

(1)  four [or more] years older but less than eight years

5

older than the complainant [and the complainant and the

6

person are not married to each other.]; or

7

(2)  eight years older but not less than 11 years older

8

than the complainant.

9

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

10

of the first degree when that person engages in sexual

11

intercourse with a complainant under the age of 16 years and

12

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

13

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

14

§ 3124.2.  Institutional sexual assault.

15

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

16

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

17

statutory sexual assault), 3123 (relating to involuntary deviate

18

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

19

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

20

an employee or agent of the Department of Corrections or a

21

county correctional authority, youth development center, youth

22

forestry camp, State or county juvenile detention facility,

23

other licensed residential facility serving children and youth,

24

or mental health or mental retardation facility or institution

25

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

26

sexual intercourse, deviate sexual intercourse or indecent

27

contact with an inmate, detainee, patient or resident.

28

(a.1)  Institutional sexual assault of a minor.--A person who

29

is an employee or agent of the Department of Corrections or a

30

county correctional authority, youth development center, youth

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1

forestry camp, State or county juvenile detention facility,

2

other licensed residential facility serving children and youth

3

or a mental health or a mental retardation facility or

4

institution commits a felony of the third degree when that

5

person engages in sexual intercourse, deviate sexual intercourse

6

or indecent contact with an inmate, detainee, patient or

7

resident who is under 18 years of age.

8

(a.2)  Schools.--

9

(1)  Except as provided in sections 3121, 3122.1, 3123,

10

3124.1 and 3125, a person who is a volunteer or an employee

11

of a school or any other person who has direct contact with a

12

student at a school commits a felony of the third degree when

13

he engages in sexual intercourse, deviate sexual intercourse

14

or indecent contact with a student of the school.

15

(2)  As used in this subsection, the following terms

16

shall have the meanings given to them in this paragraph:

17

(i)  "Direct contact."  Care, supervision, guidance

18

or control.

19

(ii)  "Employee."

20

(A)  Includes:

21

(I)  A teacher, a supervisor, a supervising

22

principal, a principal, an assistant principal, a

23

vice-principal, a director of vocational

24

education, a dental hygienist, a visiting

25

teacher, a home and school visitor, a school

26

counselor, a child nutrition program specialist,

27

a school librarian, a school secretary the

28

selection of whom is on the basis of merit as

29

determined by eligibility lists, a school nurse,

30

a substitute teacher, a janitor, a cafeteria

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1

worker, a bus driver, a teacher aide and any

2

other employee who has direct contact with school

3

students.

4

(II)  An independent contractor who has a

5

contract with a school for the purpose of

6

performing a service for the school, a coach, an

7

athletic trainer, a coach hired as an independent

8

contractor by the Pennsylvania Interscholastic

9

Athletic Association or an athletic trainer hired

10

as an independent contractor by the Pennsylvania

11

Interscholastic Athletic Association.

12

(B)  The term does not include:

13

(I)  A student employed at the school.

14

(II)  An independent contractor or any

15

employee of an independent contractor who has no

16

direct contact with school students.

17

(iii)  "School."  A public or private school,

18

intermediate unit or area vocational-technical school.

19

(iv)  "Volunteer."  The term does not include a

20

school student.

21

(a.3)  Child care.--Except as provided in sections 3121,

22

3122.1, 3123, 3124.1 and 3125, a person who is a volunteer or an

23

employee of a center for children commits a felony of the third

24

degree when he engages in sexual intercourse, deviate sexual

25

intercourse or indecent contact with a child who is receiving

26

services at the center.

27

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

28

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

29

correctional or juvenile detention facility, a youth development

30

center, youth forestry camp, other licensed residential facility

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1

serving children and youth, or mental health or mental

2

retardation facility or institution who is employed by any State

3

or county agency or any person employed by an entity providing

4

contract services to the agency.]

5

Definitions.--As used in this section, the following words

6

and phrases shall have the meanings given to them in this

7

subsection unless the context clearly indicates otherwise:

8

"Agent."  A person who is assigned to work in a State or

9

county correctional or juvenile detention facility, a youth

10

development center, youth forestry camp, other licensed

11

residential facility serving children and youth or mental health

12

or mental retardation facility or institution, who is employed

13

by any State or county agency or any person employed by an

14

entity providing contract services to the agency.

15

"Center for children."  Includes a child day-care center,

16

group and family day-care home, boarding home for children, a

17

center providing early intervention and drug and alcohol

18

services for children or other facility which provides child-

19

care services which are subject to approval, licensure,

20

registration or certification by the Department of Public

21

Welfare or a county social services agency or which are provided

22

pursuant to a contract with the department or a county social

23

services agency. The term does not include a youth development

24

center, youth forestry camp, State or county juvenile detention

25

facility and other licensed residential facility serving

26

children and youth.

27

§ 3130.  Conduct relating to sex offenders.

28

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

29

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

30

is not complying with or has not complied with the requirements

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1

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

2

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

3

[§ 9795.2 (relating to registration procedures and

4

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

5

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

6

sex offender in eluding a law enforcement agent or agency that

7

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

8

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

9

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

10

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

11

(1)  withholds information from or does not notify the

12

law enforcement agent or agency about the sex offender's

13

noncompliance with the requirements of parole, the

14

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

15

known, the sex offender's whereabouts;

16

* * *

17

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

18

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

19

Pennsylvania State Police pursuant to the provisions of 42

20

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

21

§ 3141.  General rule.

22

A person:

23

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

24

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

25

to involuntary deviate sexual intercourse), 3124.1 (relating

26

to sexual assault), 3125 (relating to aggravated indecent

27

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

28

(2)  required to register with the Pennsylvania State

29

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

30

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

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1

registration of sexual offenders);

2

may be required to forfeit property rights in any property or

3

assets used to implement or facilitate commission of the crime

4

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

5

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

6

telephone equipment, firearms, licit or illicit prescription

7

drugs or controlled substances, a motor vehicle or such other

8

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

9

have facilitated the person's criminal misconduct.

10

§ 4302.  Incest.

11

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

12

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

13

second degree, if that person knowingly marries or cohabits or

14

has sexual intercourse with an ancestor or descendant, a brother

15

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

16

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

17

this section include blood relationships without regard to

18

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

19

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

20

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

21

marries, cohabits with or has sexual intercourse with a

22

complainant who is an ancestor or descendant, a brother or

23

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

24

niece of the whole blood and:

25

(1)  is under the age of 13 years; or

26

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

27

more years older than the complainant.

28

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

29

section include blood relationships without regard to

30

legitimacy, and relationship of parent and child by adoption.

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1

§ 4915.  Failure to comply with registration of sexual offenders

2

requirements.

3

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

4

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

5

registration) or an individual who is subject to registration

6

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) or who was subject

7

to registration under former 42 Pa.C.S § 9793 (relating to

8

registration of certain offenders for ten years) commits an

9

offense if he knowingly fails to:

10

(1)  register with the Pennsylvania State Police as

11

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

12

procedures and applicability);

13

(2)  verify his [address] residence or be photographed as

14

required under 42 Pa.C.S. § 9796 (relating to verification of

15

residence); or

16

(3)  provide accurate information when registering under

17

42 Pa.C.S. § 9795.2 or verifying [an address] a residence 

18

under 42 Pa.C.S. § 9796.

19

(a.1)  Counseling.--The following apply:

20

(1)  An individual who is designated as a sexually

21

violent predator commits an offense if he knowingly fails to

22

comply with 42 Pa.C.S. § 9799.4 (relating to counseling of

23

sexually violent predators).

24

(2)  An individual who is subject to a counseling

25

requirement under a sex offender registration statute

26

following conviction in another jurisdiction commits an

27

offense if he knowingly fails to comply with that

28

requirement, as provided in 42 Pa.C.S. § 9795.2(b)(4)(i).

29

(b)  Grading for offenders who must register for ten years.--

30

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

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1

subject to registration under 42 Pa.C.S. § 9795.1(a) or

2

former 42 Pa.C.S. § 9793 and required to register for a

3

period of ten years who commits a violation of subsection (a)

4

(1) or (2) commits a felony of the third degree.

5

(3)  An individual subject to registration under 42

6

Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required

7

to register for a period of ten years who commits a violation

8

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

9

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

10

similar offense commits a felony of the second degree.

11

(4)  An individual subject to registration under 42

12

Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required

13

to register for a period of ten years who violates subsection

14

(a)(3) commits a felony of the second degree.

15

(c)  Grading for sexually violent predators and others with

16

lifetime registration.--

17

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

18

subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) 

19

or (3) or former 42 Pa.C.S. § 9793 and who is subject to

20

lifetime registration who commits a violation of subsection

21

(a)(1) or (2) commits a felony of the second degree.

22

(3)  An individual subject to registration under 42

23

Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. §

24

9793 and who is subject to lifetime registration who commits

25

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

26

previously been convicted of an offense under subsection (a)

27

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

28

degree.

29

(4)  An individual subject to registration under 42

30

Pa.C.S. § 9795.1(b)(1), (2) or (3) or former 42 Pa.C.S. §

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1

9793 and who is subject to lifetime registration who violates

2

subsection (a)(3) commits a felony of the first degree.

3

(c.1)  Grading for failure to comply with counseling

4

requirements.--An individual designated as a sexually violent

5

predator or an individual who is subject to a counseling

6

requirement under a sex offender registration statute following

7

conviction in another jurisdiction who commits a violation of

8

subsection (a.1) commits a misdemeanor of the first degree.

9

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

10

Pennsylvania State Police to send nor failure of a sexually

11

violent predator or offender to receive any notice or

12

information pursuant to 42 Pa.C.S. § 9796(a.1) or (b.1) shall be

13

a defense to a prosecution commenced against an individual

14

arising from a violation of this section. The provisions of 42

15

Pa.C.S. § 9796(a.1) and (b.1) are not an element of an offense

16

under this section.

17

(e)  Arrests for violation.--

18

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

19

without a warrant as in a felony whenever the police officer

20

has probable cause to believe an individual has committed a

21

violation of this section regardless of whether the violation

22

occurred in the presence of the police officer.

23

(2)  An individual arrested for a violation of this

24

section shall be afforded a preliminary arraignment by the

25

proper issuing authority without unnecessary delay. In no

26

case may the individual be released from custody without

27

first having appeared before the issuing authority.

28

(3)  Prior to admitting an individual arrested for a

29

violation of this section to bail, the issuing authority

30

shall require all of the following:

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1

(i)  The individual must be fingerprinted and

2

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

3

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

4

(ii)  The individual must provide the Pennsylvania

5

State Police with all current or intended residences, all

6

information concerning current or intended employment,

7

including all employment locations, and all information

8

concerning current or intended enrollment as a student.

9

If the individual has a residence as defined in paragraph

10

(2) of the definition of "residence" set forth in section

11

9792 (relating to definitions), the individual must

12

provide the Pennsylvania State Police with the

13

information required under 42 Pa.C.S. § 9795.2(a)(2)(i)

14

(A), (B) and (C).

15

(iii)  Law enforcement must make reasonable attempts

16

to verify the information provided by the individual.

17

(f)  Definition.--As used in this section, the term "a

18

similar offense" means an offense similar to an offense under

19

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

20

Commonwealth, the United States or one of its territories or

21

possessions, another state, the District of Columbia, the

22

Commonwealth of Puerto Rico or a foreign nation.

23

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

24

the effective date of this subsection.

25

Section 1.1.  Title 18 is amended by adding a section to

26

read:

27

§ 4915.1.  Failure to comply with registration of sexual

28

offenders requirements.

29

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

30

registration under 42 Pa.C.S. § 9799.13 (relating to

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1

applicability) commits an offense if he knowingly fails to:

2

(1)  register with the Pennsylvania State Police as

3

required under 42 Pa.C.S. § 9799.15 (relating to period of

4

registration), 9799.19 (relating to initial registration) or

5

9799.25 (relating to verification by sexual offenders and

6

Pennsylvania State Police);

7

(2)  verify his address or be photographed as required

8

under 42 Pa.C.S. § 9799.15, 9799.19 or 9799.25; or

9

(3)  provide accurate information when registering under

10

42 Pa.C.S. § 9799.15, 9799.19 or 9799.25.

11

(a.1)  Transients.--An individual set forth in 42 Pa.C.S. § 

12

9799.13 who is a transient commits an offense if he knowingly

13

fails to:

14

(1)  register with the Pennsylvania State Police as

15

required under 42 Pa.C.S. §§ 9799.15, 9799.16(b)(6) (relating

16

to registry) and 9799.25(a)(7);

17

(2)  verify the information provided in 42 Pa.C.S. §§

18

9799.15 and 9799.16(b)(6) or be photographed as required

19

under 42 Pa.C.S. § 9799.15 or 9799.25;

20

(3)  provide accurate information when registering under

21

42 Pa.C.S. § 9799.15, 9799.16(b)(6) or 9799.25.

22

(a.2)  Counseling.--The following apply:

23

(1)  An individual who is designated as a sexually

24

violent predator commits an offense if he knowingly fails to

25

comply with 42 Pa.C.S. § 9799.36 (relating to counseling of

26

sexually violent predators).

27

(2)  An individual who is subject to a counseling

28

requirement under a sex offender registration statute

29

following conviction in another jurisdiction commits an

30

offense if he knowingly fails to comply with 42 Pa.C.S. §  

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1

9799.36.

2

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

3

years.--

4

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

5

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

6

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

7

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

8

third degree.

9

(2)  An individual subject to registration under 42

10

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

11

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

12

who has previously been convicted of an offense under

13

subsection (a)(1) or (2) or a similar offense commits a

14

felony of the second degree.

15

(3)  An individual subject to registration under 42

16

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

17

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

18

second degree.

19

(c)  Grading for sexual offenders who must register for 25

20

years or life.--

21

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

22

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

23

required to register for a period of 25 years or life who

24

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

25

felony of the second degree.

26

(2)  An individual subject to registration under 42

27

Pa.C.S. § 9799.13 and required to register for a period of 25

28

years or life who commits a violation of subsection (a)(1) or

29

(2) and who has previously been convicted of an offense under

30

subsection (a)(1) or (2) or a similar offense commits a

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1

felony of the first degree.

2

(3)  An individual subject to registration under 42

3

Pa.C.S. § 9799.13 and required to register for a period of 25

4

years or life who violates subsection (a)(3) commits a felony

5

of the first degree.

6

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

7

must register for 15 years.--

8

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

9

individual subject to registration under 42 Pa.C.S. § 9799.13

10

who is a transient who must register for 15 years commits a

11

felony of the third degree if the individual violates

12

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

13

(2)  An individual subject to registration under 42

14

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

15

years commits a felony of the second degree if the individual

16

violates subsection (a.1)(3).

17

(3)  An individual subject to registration under 42

18

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

19

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

20

the individual violates subsection (a.1)(1), (2) or (3) and

21

has been previously convicted of an offense under subsection

22

(a.1)(1), (2) or (3) or a similar offense.

23

(c.2)  Grading for sexual offenders who are transients who

24

must register for 25 years or life.--

25

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

26

individual subject to registration under 42 Pa.C.S. § 9799.13

27

who is a transient who must register for a period of 25 years

28

or life commits a felony of the second degree if the

29

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

30

(2)  An individual who is subject to registration under

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1

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

2

a period of 25 years or life commits a felony of the first

3

degree if the individual violates subsection (a.1)(3).

4

(3)  An individual subject to registration under 42

5

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

6

period of 25 years or life commits a felony of the first

7

degree if the individual violates subsection (a.1)(1), (2) or

8

(3) and has been previously convicted of an offense under

9

subsection (a.1)(1), (2) or (3) or a similar offense.

10

(c.3)  Grading for failure to comply with counseling

11

requirements.--An individual designated as a sexually violent

12

predator or an individual who is subject to a counseling

13

requirement under a sex offender registration statute following

14

conviction in another jurisdiction commits a misdemeanor of the

15

first degree if the individual violates subsection (a.2).

16

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

17

Pennsylvania State Police to send nor failure of a sexually

18

violent predator or offender to receive any notice or

19

information pursuant to 42 Pa.C.S. § 9799.25 shall be a defense

20

to a prosecution commenced against an individual arising from a

21

violation of this section. The provisions of 42 Pa.C.S. §

22

9799.25 are not an element of an offense under this section.

23

(e)  Arrests for violation.--

24

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

25

without a warrant as in a felony whenever the police officer

26

has probable cause to believe an individual has committed a

27

violation of this section regardless of whether the violation

28

occurred in the presence of the police officer.

29

(2)  An individual arrested for a violation of this

30

section shall be afforded a preliminary arraignment by the

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1

proper issuing authority without unnecessary delay. In no

2

case may the individual be released from custody without

3

first having appeared before the issuing authority.

4

(3)  Prior to admitting an individual arrested for a

5

violation of this section to bail, the issuing authority

6

shall require all of the following:

7

(i)  The individual must be fingerprinted and

8

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

9

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

10

(ii)  The individual must provide the Pennsylvania

11

State Police with all current or intended residences, all

12

information concerning current or intended employment,

13

including all employment locations, and all information

14

concerning current or intended enrollment as a student.

15

This subparagraph includes an individual who is a

16

transient, in which case the individual must, in addition

17

to other information required under this subparagraph,

18

provide the information set forth in 42 Pa.C.S. § 

19

9799.16(b)(6).

20

(iii)  Law enforcement must make reasonable attempts

21

to verify the information provided by the individual.

22

(f)  Definitions.--As used in this section, the following

23

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

24

subsection unless the context clearly indicates otherwise:

25

"Sexually violent predator."  The term shall have the

26

meaning given to it in 42 Pa.C.S. § 9799.12 (relating to

27

definitions).

28

"Similar offense."  An offense similar to an offense

29

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

30

Commonwealth, another jurisdiction or a foreign country or a

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1

military offense, as defined in 42 Pa.C.S. § 9799.12

2

(relating to definitions).

3

"Transient."  The term shall have the meaning given to it

4

in 42 Pa.C.S. § 9799.12 (relating to definitions).

5

Section 1.2.  Sections 5902(c) and 5903(a)(3), (4) and (5),

6

(b) and (e)(1) of Title 18 are amended to read:

7

§ 5902.  Prostitution and related offenses.

8

* * *

9

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

10

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

11

of the third degree if:

12

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

13

(2) or (b)(3);

14

(ii)  the actor compels another to engage in or

15

promote prostitution;

16

(iii)  the actor promotes prostitution of a [child

17

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

18

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

19

(iv)  the actor promotes prostitution of his spouse,

20

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

21

support he is responsible; or

22

(v)  the person knowingly promoted prostitution of

23

another who was HIV positive or infected with the AIDS

24

virus.

25

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

26

degree.

27

* * *

28

§ 5903.  Obscene and other sexual materials and performances.

29

(a)  Offenses defined.--No person, knowing the obscene

30

character of the materials or performances involved, shall:

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1

* * *

2

(3)  (i)  design, copy, draw, photograph, print, utter,

3

publish or in any manner manufacture or prepare any

4

obscene materials; or

5

(ii)  design, copy, draw, photograph, print, utter,

6

publish or in any manner manufacture or prepare any

7

obscene materials if the victim is a minor;

8

(4)  (i)  write, print, publish, utter or cause to be

9

written, printed, published or uttered any advertisement

10

or notice of any kind giving information, directly or

11

indirectly, stating or purporting to state where, how,

12

from whom, or by what means any obscene materials can be

13

purchased, obtained or had; or

14

(ii)  write, print, publish, utter or cause to be

15

written, printed, published or uttered any advertisement

16

or notice of any kind giving information, directly or

17

indirectly, stating or purporting to state where, how,

18

from whom or by what means any obscene materials can be

19

purchased, obtained or had if the victim is a minor;

20

(5)  (i)  produce, present or direct any obscene

21

performance or participate in a portion thereof that is

22

obscene or that contributes to its obscenity; or

23

(ii)  produce, present or direct any obscene

24

performance or participate in a portion thereof that is

25

obscene or that contributes to its obscenity if the

26

victim is a minor;

27

* * *

28

(b)  Definitions.--As used in this section, the following

29

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

30

subsection:

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1

"Community."  For the purpose of applying the "contemporary

2

community standards" in this section, community means the State.

3

"Knowing."  As used in subsections (a) and (a.1), knowing

4

means having general knowledge of, or reason to know or a belief

5

or ground for belief which warrants further inspection or

6

inquiry of, the character and content of any material or

7

performance described therein which is reasonably susceptible of

8

examination by the defendant.

9

"Material."  Any literature, including any book, magazine,

10

pamphlet, newspaper, storypaper, bumper sticker, comic book or

11

writing; any figure, visual representation, or image, including

12

any drawing, photograph, picture, videotape or motion picture.

13

"Minor."  An individual under 18 years of age.

14

"Nude."  Means showing the human male or female genitals,

15

pubic area or buttocks with less than a fully opaque covering,

16

or showing the female breast with less than a fully opaque

17

covering of any portion thereof below the top of the nipple.

18

"Obscene."  Any material or performance, if:

19

(1)  the average person applying contemporary community

20

standards would find that the subject matter taken as a whole

21

appeals to the prurient interest;

22

(2)  the subject matter depicts or describes in a

23

patently offensive way, sexual conduct of a type described in

24

this section; and

25

(3)  the subject matter, taken as a whole, lacks serious

26

literary, artistic, political, educational or scientific

27

value.

28

"Performance."  Means any play, dance or other live

29

exhibition performed before an audience.

30

"Sadomasochistic abuse."  Means, in a sexual context,

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1

flagellation or torture by or upon a person who is nude or clad

2

in undergarments, a mask or in a bizarre costume or the

3

condition of being fettered, bound or otherwise physically

4

restrained on the part of one who is nude or so clothed.

5

"Sexual conduct."  Patently offensive representations or

6

descriptions of ultimate sexual acts, normal or perverted,

7

actual or simulated, including sexual intercourse, anal or oral

8

sodomy and sexual bestiality; and patently offensive

9

representations or descriptions of masturbation, excretory

10

functions, sadomasochistic abuse and lewd exhibition of the

11

genitals.

12

"Subject line."  The area of an electronic communication that

13

contains a summary description of the content of the message.

14

"Transportation facility."  Any conveyance, premises or place

15

used for or in connection with public passenger transportation,

16

whether by air, rail, motor vehicle or any other method,

17

including aircraft, watercraft, railroad cars, buses, and air,

18

boat, railroad and bus terminals and stations.

19

* * *

20

(e)  Definitions.--As used in subsections (c) and (d) of this

21

section:

22

[(1)  "Minor" means any person under the age of 18

23

years.]

24

* * *

25

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

26

read:

27

§ 6707.  Agency use of designated address.

28

State and local government agencies shall accept the

29

substitute address designated on a valid program participation

30

card issued to the program participant by the Office of Victim

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1

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

2

* * *

3

(2)  when the program participant is any of the

4

following:

5

* * *

6

(ii)  a convicted sexual offender who has fulfilled

7

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

8

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

9

9795.1 (relating to registration) and 9795.2 (relating to

10

registration procedures and applicability)] Ch. 97 Subch.

11

H (relating to registration of sexual offenders) or any

12

similar registration requirement imposed by any other

13

jurisdiction.

14

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

15

(d) and 6404 of Title 42 are amended to read:

16

§ 6358.  Assessment of delinquent children by the State Sexual

17

Offenders Assessment Board.

18

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

19

delinquent for an act of sexual violence which if committed by

20

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

21

rape), 3123 (relating to involuntary deviate sexual

22

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

23

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

24

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

25

to an institution or other facility pursuant to section 6352

26

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

27

any such institution or facility upon attaining 20 years of age

28

shall be subject to an assessment by the board.

29

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

30

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

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1

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

2

and the institution or other facility where the child is

3

presently committed. The probation officer shall assist the

4

board in obtaining access to the child and any information

5

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

6

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

7

juvenile probation file.

8

* * *

9

§ 6403.  Court-ordered involuntary treatment.

10

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

11

be subject to court-ordered commitment for involuntary treatment

12

under this chapter if the person:

13

* * *

14

(2)  Has been committed to an institution or other

15

facility pursuant to section 6352 (relating to disposition of

16

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

17

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

18

* * *

19

(b)  Procedures for initiating court-ordered involuntary

20

commitment.--

21

* * *

22

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

23

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

24

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

25

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

26

date shall be served on the person, the attorney who

27

represented the person at the most recent dispositional

28

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

29

solicitor or a designee. A copy of the petition, the

30

assessment and notice of the hearing date shall also be

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1

provided to the director of the facility operated by the

2

department pursuant to section 6406(a) (relating to duty of

3

Department of Public Welfare). The person and the attorney

4

who represented the person shall, along with copies of the

5

petition, also be provided with written notice advising that

6

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

7

afford one, counsel shall be appointed for the person.

8

* * *

9

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

10

convincing evidence that the person has a mental abnormality or

11

personality disorder which results in serious difficulty in

12

controlling sexually violent behavior that makes the person

13

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

14

entered directing the immediate commitment of the person for

15

[inpatient] involuntary inpatient treatment to a facility

16

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

17

shall be consistent with the protection of the public safety and

18

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

19

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

20

does not order the person to be committed for involuntary

21

inpatient treatment by the department, the court shall order the

22

director of the facility operated by the department pursuant to

23

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

24

and the assessment.

25

§ 6404.  Duration of inpatient commitment and review.

26

(a)  Initial period of commitment.--The person shall be

27

subject to a period of commitment for inpatient treatment for

28

one year.

29

(b)  Annual review.--

30

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

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1

commitment period, the director of the facility or a designee

2

shall submit an evaluation and the board shall submit an

3

assessment of the person to the court.

4

(2)  The court shall schedule a review hearing which

5

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

6

court-ordered involuntary treatment) and which shall be held

7

no later than 30 days after receipt of both the evaluation

8

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

9

hearing shall be provided to the person, the attorney who

10

represented the person at the previous hearing held pursuant

11

to this subsection or section 6403, the district attorney and

12

the county solicitor or a designee. The person and the

13

person's attorney shall also be provided with written notice

14

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

15

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

16

person. If the court determines by clear and convincing

17

evidence that the person continues to have serious difficulty

18

controlling sexually violent behavior while committed for

19

inpatient treatment due to a mental abnormality or

20

personality disorder that makes the person likely to engage

21

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

22

additional period of involuntary inpatient treatment of one

23

year; otherwise, the court shall order the [discharge of]

24

department, in consultation with the board, to develop an

25

outpatient treatment plan for the person. The order shall be

26

in writing and shall be consistent with the protection of the

27

public safety and appropriate control, care and treatment of

28

the person.

29

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

30

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

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1

facility to which the person was committed concludes the

2

person no longer has serious difficulty in controlling

3

sexually violent behavior in an inpatient setting, the

4

director shall petition the court for a hearing. Notice of

5

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

6

represented the person at the previous hearing held pursuant

7

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

8

attorney and the county solicitor. The person and the

9

person's attorney shall also be provided with written notice

10

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

11

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

12

person.

13

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

14

board shall conduct a new assessment within 30 days and

15

provide that assessment to the court.

16

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

17

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

18

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

19

convincing evidence that the person continues to have serious

20

difficulty controlling sexually violent behavior due to a

21

mental abnormality or personality disorder that makes the

22

person likely to engage in an act of sexual violence, the

23

court shall order that the person be subject to the remainder

24

of the period of inpatient commitment. Otherwise, the court

25

shall order the [discharge of] department, in consultation

26

with the board, to develop an outpatient treatment plan for 

27

the person.

28

(4)  The department shall provide the person with notice

29

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

30

transfer to involuntary outpatient treatment over the

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1

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

2

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

3

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

4

shall identify the specific entity that will provide each

5

clinical and support service identified in the plan.

6

(6)  The department shall provide a copy of the

7

outpatient treatment plan to the court, the person, the

8

attorney who represented the person at the most recent

9

hearing pursuant to section 6403, the board, the district

10

attorney, and the county solicitor or a designee.

11

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

12

discharge from involuntary treatment until the person has

13

completed involuntary outpatient treatment pursuant to section

14

6404.2 (relating to duration of outpatient commitment and

15

review).

16

Section 4.  Title 42 is amended by adding sections to read:

17

§ 6404.1.  Transfer to involuntary outpatient treatment.

18

The court may approve or disapprove an outpatient treatment

19

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

20

shall order transfer of the person to involuntary outpatient

21

treatment pursuant to section 6404.2 (relating to duration of

22

outpatient commitment and review).

23

§ 6404.2.  Duration of outpatient commitment and review.

24

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

25

transfer of the person to involuntary outpatient treatment

26

pursuant to section 6404.1 (relating to transfer to involuntary

27

outpatient treatment), the court may in its discretion specify

28

the terms and conditions of the outpatient commitment,

29

including, but not limited to:

30

(1)  Absolute compliance with the outpatient treatment

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1

plan.

2

(2)  Restrictions and requirements regarding the location

3

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

4

physically present.

5

(3)  Restrictions and requirements regarding areas the

6

person is not permitted to visit.

7

(4)  Restrictions and requirements regarding who the

8

person may contact in any medium.

9

(5)  Periodic polygraph tests.

10

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

11

treatment for a period of one year.

12

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

13

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

14

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

15

the facility operated by the department pursuant to section

16

6406(a) (relating to duty of Department of Public Welfare), not

17

less than every 30 days.

18

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

19

treatment provider becomes aware that the person has violated

20

any provision of the treatment plan or any term or condition

21

specified pursuant to subsection (a), or the provider concludes

22

that the person is having serious difficulty controlling

23

sexually violent behavior in an outpatient setting due to a

24

mental abnormality or personality disorder that makes the person

25

likely to engage in an act of sexual violence, the provider

26

shall immediately notify the facility operated by the department

27

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

28

by the close of the next business day.

29

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

30

to subsection (d) that the person has violated a material term

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1

or condition of transfer specified pursuant to subsection (a), 

2

or that the person is having serious difficulty controlling

3

sexually violent behavior in an outpatient setting due to a

4

mental abnormality or personality disorder that makes the person

5

likely to engage in an act of sexual violence, the court shall

6

revoke the transfer to involuntary outpatient treatment and

7

order the immediate return to involuntary inpatient treatment

8

without a prior hearing. The court may issue a warrant requiring

9

any law enforcement officer or any person authorized by the

10

court to take the person into custody and return the person to

11

involuntary inpatient treatment. The person may file a written

12

request for a hearing after revocation of the transfer to

13

involuntary treatment. The court shall conduct a hearing

14

pursuant to section 6403(c) (relating to court-ordered

15

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

16

(f)  Annual review and discharge.--

17

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

18

outpatient commitment period, the director of the facility or

19

a designee shall submit an evaluation, and the board shall

20

submit an assessment of the person to the court.

21

(2)  The court shall schedule a review hearing which

22

shall be conducted pursuant to section 6403(c) and which

23

shall be held no later than 30 days after receipt of both the

24

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

25

the review hearing shall be provided to the person, the

26

attorney who represented the person at the previous hearing

27

held pursuant to section 6403, the district attorney and the

28

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

29

attorney shall also be provided with written notice advising

30

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

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1

person cannot afford one, counsel shall be appointed for the

2

person. If the court determines by clear and convincing

3

evidence that the person has serious difficulty controlling

4

sexually violent behavior due to a mental abnormality or

5

personality disorder that makes the person likely to engage

6

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

7

additional period of involuntary inpatient treatment of one

8

year; otherwise the court shall order the discharge of the

9

person. The order shall be in writing and shall be consistent

10

with the protection of the public safety and appropriate

11

control, care and treatment of the person.

12

Section 5.  Sections 6406(a), 6409, 9718.1(a) introductory

13

paragraph and (b)(2), 9718.2(a) and (d) and 9718.3(a) of Title

14

42 are amended to read:

15

§ 6406.  Duty of Department of Public Welfare.

16

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

17

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

18

solely for the control, care and treatment of persons committed

19

pursuant to this chapter. The department shall be responsible

20

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

21

persons committed to [custody] involuntary treatment pursuant to

22

this chapter.

23

* * *

24

§ 6409.  Immunity for good faith conduct.

25

The following entities shall be immune from liability for

26

good faith conduct under this subchapter:

27

(1)  Members of the board and its agents and employees.

28

(2)  The department and its agents and employees.

29

(3)  County probation departments and their agents and

30

employees.

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1

(4)  Providers of involuntary outpatient treatment and

2

their agents and employees.

3

§ 9718.1.  Sexual offender treatment.

4

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

5

designated as a "sexually violent predator" as defined in

6

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

7

and participate in a Department of Corrections program of

8

counseling or therapy designed for incarcerated sex offenders if

9

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

10

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

11

offenses):

12

* * *

13

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

14

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

15

following apply:

16

* * *

17

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

18

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

19

9799.36 (relating to counseling of sexually violent

20

predators).

21

* * *

22

§ 9718.2.  Sentences for [sex] sexual offenders.

23

(a)  Mandatory sentence.--

24

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

25

Commonwealth of an offense set forth in section [9795.1(a) or

26

(b) (relating to registration)] 9799.14 (relating to sexual

27

offenses and tier system) shall, if at the time of the

28

commission of the current offense the person had previously

29

been convicted of an offense set forth in section [9795.1(a)

30

or (b)] 9799.14 or an equivalent crime under the laws of this

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1

Commonwealth in effect at the time of the commission of that

2

offense or an equivalent crime in another jurisdiction, be

3

sentenced to a minimum sentence of at least 25 years of total

4

confinement, notwithstanding any other provision of this

5

title or other statute to the contrary. Upon such conviction,

6

the court shall give the person oral and written notice of

7

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

8

Failure to provide such notice shall not render the offender

9

ineligible to be sentenced under paragraph (2).

10

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

11

of the current offense previously been convicted of two or

12

more offenses arising from separate criminal transactions set

13

forth in section [9795.1(a) or (b)] 9799.14 or equivalent

14

crimes under the laws of this Commonwealth in effect at the

15

time of the commission of the offense or equivalent crimes in

16

another jurisdiction, the person shall be sentenced to a term

17

of life imprisonment, notwithstanding any other provision of

18

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

19

offender received notice of or otherwise knew or should have

20

known of the penalties under this paragraph shall not be

21

required.

22

 * * *

23

(d)  Authority of court in sentencing.--[Notice of the

24

application of this section shall be provided to the defendant

25

before trial. If the notice is given, there] There shall be no

26

authority in any court to impose on an offender to which this

27

section is applicable any lesser sentence than provided for in

28

subsections (a) and (b) or to place the offender on probation or

29

to suspend sentence. Nothing in this section shall prevent the

30

sentencing court from imposing a sentence greater than that

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1

provided in this section. Sentencing guidelines promulgated by

2

the Pennsylvania Commission on Sentencing shall not supersede

3

the mandatory sentences provided in this section.

4

* * *

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

* * *

18

Section 6.  Title 42 is amended by adding a section to read:

19

§ 9718.4.  Sentence for failure to comply with registration of

20

sexual offenders.

21

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

22

follows:

23

(1)  Sentencing upon conviction for a first offense shall

24

be as follows:

25

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

26

(A)  is subject to section 9799.13 (relating to

27

applicability) and must register for a period of 15

28

years under section 9799.15 (relating to period of

29

registration) or a similar provision from another

30

jurisdiction; and

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1

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

2

(relating to failure to comply with registration of

3

sexual offenders requirements).

4

(ii)  Not less than three years for an individual

5

who:

6

(A)  is subject to section 9799.13 and must

7

register for a period of 15 years under section

8

9799.15 or a similar provision from another

9

jurisdiction; and

10

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

11

(iii)  Not less than three years for an individual

12

who:

13

(A)  is subject to section 9799.13 and must

14

register for a period of 25 years or life under

15

section 9799.15 or a similar provision from another

16

jurisdiction; and

17

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

18

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

19

(A)  is subject to section 9799.13 and must

20

register for a period of 25 years or life under

21

section 9799.15 or a similar provision from another

22

jurisdiction; and

23

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

24

(2)  Sentencing upon conviction for a second or

25

subsequent offense shall be as follows:

26

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

27

(A)  is subject to section 9799.13 and must

28

register for a period of 15 or 25 years or life under

29

section 9799.15 or a similar provision from another

30

jurisdiction; and

- 150 -

 


1

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

2

(ii)  Not less than seven years for an individual

3

who:

4

(A)  is subject to section 9799.13 and must

5

register for a period of 15 or 25 years or life under

6

section 9799.15 or a similar provision from another

7

jurisdiction; and

8

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

9

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

10

sentencing shall be as follows:

11

(1)  Sentencing upon conviction for a first offense shall

12

be as follows:

13

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

14

(A)  is subject to section 9799.13 and must

15

register for a period of 15 years under section

16

9799.15 or a similar provision from another

17

jurisdiction and is a transient; and

18

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

19

(ii)  Not less than three years for an individual

20

who:

21

(A)  is subject to section 9799.13 and must

22

register for a period of 15 years under section

23

9799.15 or a similar provision from another

24

jurisdiction and is transient; and

25

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

26

(iii)  Not less than three years for an individual

27

who:

28

(A)  is subject to section 9799.13 and must

29

register for a period of 25 years or life under

30

section 9799.15 or a similar provision from another

- 151 -

 


1

jurisdiction and is transient; and

2

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

3

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

4

(A)  is subject to section 9799.13 and must

5

register for a period of 25 years or life under

6

section 9799.15 or a similar provision from another

7

jurisdiction and is a transient; and

8

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

9

(2)  Sentencing upon conviction for a second or

10

subsequent offense shall be as follows:

11

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

12

(A)  is subject to section 9799.13 and must

13

register for a period of 15 or 25 years or life under

14

section 9799.15 or a similar provision from another

15

jurisdiction and is transient; and

16

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

17

(ii)  Not less than seven years for an individual

18

who:

19

(A)  is subject to section 9799.13 and must

20

register for a period of 15 or 25 years or life under

21

section 9799.15 or a similar provision from another

22

jurisdiction and is a transient; and

23

(B)  violated 18 Pa.C.S. § 4915(a.1)(3).

24

(b)  Proof at sentencing.--The provisions of this section

25

shall not be an element of the crime, and notice thereof to the

26

defendant shall not be required prior to conviction, but

27

reasonable notice of the Commonwealth's intention to proceed

28

under this section shall be provided after conviction and before

29

sentencing. The applicability of this section shall be

30

determined at sentencing. The court shall consider any evidence

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1

presented at trial and shall afford the Commonwealth and the

2

defendant an opportunity to present any necessary additional

3

evidence and shall determine, by a preponderance of the

4

evidence, if this section is applicable.

5

(c)  Authority of court in sentencing.--There shall be no

6

authority in any court to impose on an offender to which this

7

section is applicable any lesser sentence than provided for in

8

subsection (a) or to place such offender on probation or to

9

suspend sentence. Nothing in this section shall prevent the

10

sentencing court from imposing a sentence greater than that

11

provided in this section. Sentencing guidelines promulgated by

12

the Pennsylvania Commission on Sentencing shall not supersede

13

the mandatory sentences provided in this section.

14

(d)  Appeal by Commonwealth.--If a sentencing court refuses

15

to apply this section where applicable, the Commonwealth shall

16

have the right to appellate review of the action of the

17

sentencing court. The appellate court shall vacate the sentence

18

and remand the case to the sentencing court for imposition of a

19

sentence in accordance with this section if it finds that the

20

sentence was imposed in violation of this section.

21

Section 7.  Section 9791 of Title 42 is amended to read:

22

§ 9791.  Legislative findings and declaration of policy.

23

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

24

declared as a matter of legislative finding:

25

(1)  If the public is provided adequate notice and

26

information about sexually violent predators and certain

27

other offenders, including those sexually violent predators

28

and offenders who do not have a fixed place of habitation or

29

abode, the community can develop constructive plans to

30

prepare themselves and their children for the offender's

- 153 -

 


1

release. This allows communities to meet with law enforcement

2

to prepare and obtain information about the rights and

3

responsibilities of the community and to provide education

4

and counseling to their children.

5

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

6

engaging in further offenses even after being released from

7

incarceration or commitments and that protection of the

8

public from this type of offender is a paramount governmental

9

interest.

10

(3)  The penal and mental health components of our

11

justice system are largely hidden from public view and lack

12

of information from either may result in failure of both

13

systems to meet this paramount concern of public safety.

14

(4)  Overly restrictive confidentiality and liability

15

laws governing the release of information about sexually

16

violent predators have reduced the willingness to release

17

information that could be appropriately released under the

18

public disclosure laws and have increased risks to public

19

safety.

20

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

21

a reduced expectation of privacy because of the public's

22

interest in public safety and in the effective operation of

23

government.

24

(6)  Release of information about sexually violent

25

predators to public agencies and the general public will

26

further the governmental interests of public safety and

27

public scrutiny of the criminal and mental health systems so

28

long as the information released is rationally related to the

29

furtherance of those goals.

30

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

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1

intention of the General Assembly to protect the safety and

2

general welfare of the people of this Commonwealth by providing

3

for registration and community notification regarding sexually

4

violent predators who are about to be released from custody and

5

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

6

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

7

relevant information about sexually violent predators among

8

public agencies and officials and to authorize the release of

9

necessary and relevant information about sexually violent

10

predators to members of the general public as a means of

11

assuring public protection and shall not be construed as

12

punitive.]

13

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

14

intention of the General Assembly to:

15

(1)  Protect the safety and general welfare of the people

16

of this Commonwealth by providing for registration and

17

community notification regarding sexually violent predators

18

who are about to be released from custody and will live in or

19

near their neighborhood.

20

(2)  Require the exchange of relevant information about

21

sexually violent predators among public agencies and

22

officials and to authorize the release of necessary and

23

relevant information about sexually violent predators to

24

members of the general public as a means of assuring public

25

protection and shall not be construed as punitive.

26

(3)  Address the Superior Court's opinion in the case of

27

Commonwealth v. Wilgus, 975 A.2d 1183 (2009) by requiring

28

offenders and sexually violent predators without a fixed

29

place of habitation or abode to register under this

30

subchapter.

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1

Section 8.  The definitions of "passive notification" and

2

"residence" in section 9792 of Title 42 are amended to read:

3

§ 9792.  Definitions.

4

The following words and phrases when used in this subchapter

5

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

6

context clearly indicates otherwise:

7

* * *

8

"Passive notification."  Notification pursuant to section

9

9798.1 (relating to information made available on the Internet

10

and electronic notification) or any process whereby persons,

11

pursuant to the laws of the United States or one of its

12

territories or possessions, another state, the District of

13

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

14

are able to access information pertaining to an individual as a

15

result of the individual having been convicted or sentenced by a

16

court for an offense similar to an offense listed in section

17

9795.1 (relating to registration).

18

* * *

19

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

20

domiciled or intends to be domiciled for 30 consecutive days or

21

more during a calendar year.] With respect to an individual

22

required to register under this subchapter, any of the

23

following:

24

(1)  A location where an individual resides or is

25

domiciled or intends to be domiciled for 30 consecutive days

26

or more during a calendar year.

27

(2)  In the case of an individual who fails to establish

28

a residence as set forth in paragraph (1), a temporary

29

habitat or other temporary place of abode or dwelling,

30

including a homeless shelter or park, where the individual is

- 156 -

 


1

lodged.

2

* * *

3

Section 9.  Sections 9795.1(a) and (b), 9795.2(a)(2)(i), (b)

4

(4) introductory paragraph and (i) and (5) introductory

5

paragraph and (c)(1) and (3), 9795.3(2), (2.1) and (3) and

6

9795.5(a)(1) of Title 42 are amended to read:

7

§ 9795.1.  Registration.

8

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

9

be required to register with the Pennsylvania State Police for a

10

period of ten years:

11

(1)  Individuals convicted of any of the following

12

offenses:

13

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

14

victim is a minor.

15

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

16

motor vehicle or structure).

17

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

18

assault).

19

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

20

where the offense is graded as a misdemeanor of the first

21

degree or higher.

22

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

23

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

24

age.

25

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

26

related offenses) where the actor promotes the

27

prostitution of a minor.

28

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

29

obscene and other sexual materials and performances)

30

where the victim is a minor.

- 157 -

 


1

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

2

children).

3

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

4

minor).

5

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

6

children).

7

(2)  Individuals convicted of an attempt, conspiracy or

8

solicitation to commit any of the offenses under paragraph

9

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

10

(3)  Individuals [currently residing] who currently have

11

a residence in this Commonwealth who have been convicted of

12

offenses similar to the crimes cited in paragraphs (1) and

13

(2) under the laws of the United States or one of its

14

territories or possessions, another state, the District of

15

Columbia, the Commonwealth of Puerto Rico or a foreign nation

16

or under a former law of this Commonwealth.

17

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

18

be subject to lifetime registration:

19

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

20

the offenses set forth in subsection (a).

21

[(2)  Individuals convicted of any of the following

22

offenses:

23

18 Pa.C.S. § 3121 (relating to rape).

24

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

25

sexual intercourse).

26

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

27

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

28

assault).

29

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

30

victim is under 12 years of age.

- 158 -

 


1

(3)  Sexually violent predators.

2

(4)  Individuals currently residing in this Commonwealth

3

who have been convicted of offenses similar to the crimes

4

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

5

one of its territories or possessions, another state, the

6

District of Columbia, the Commonwealth of Puerto Rico or a

7

foreign nation or under a former law of this Commonwealth.]

8

(2)  Individuals convicted:

9

(i)  in this Commonwealth of the following offenses:

10

18 Pa.C.S. § 3121 (relating to rape).

11

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

12

sexual intercourse).

13

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

14

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

15

assault).

16

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

17

victim is under 12 years of age.

18

(ii)  of offenses similar to the crimes cited in

19

paragraph (2)(i) under the laws of the United States or

20

one of its territories or possessions, another state, the

21

District of Columbia, the Commonwealth of Puerto Rico or

22

a foreign nation or under a former law of this

23

Commonwealth who currently reside in this Commonwealth.

24

(3)  Sexually violent predators.

25

* * *

26

§ 9795.2.  Registration procedures and applicability.

27

(a)  Registration.--

28

* * *

29

(2)  Offenders and sexually violent predators shall

30

inform the Pennsylvania State Police within 48 hours of:

- 159 -

 


1

(i)  Any change of residence or establishment of an

2

additional residence or residences. In the case of an

3

individual who has a residence as defined in paragraph

4

(2) of the definition of "residence" set forth in section

5

9792 (relating to definitions), the individual shall

6

inform the Pennsylvania State Police of the following:

7

(A)  the location of a temporary habitat or other

8

temporary place of abode or dwelling, including a

9

homeless shelter or park, where the individual is

10

lodged;

11

(B)  a list of places the individual eats,

12

frequents and engages in leisure activities and any

13

planned destinations, including those outside this

14

Commonwealth; and

15

(C)  the place the individual receives mail,

16

including a post office box.

17

The duty to provide the information set forth in this

18

subparagraph shall apply until the individual establishes

19

a residence as defined in paragraph (1) of the definition

20

of "residence" set forth in section 9792. If the

21

individual who has a residence as defined in paragraph

22

(2) of the definition of "residence" set forth in section

23

9792 changes or adds to the places listed in this

24

subparagraph during a 30-day period, the individual shall

25

list these when re-registering during the next 30-day

26

period.

27

* * *

28

(b)  Individuals convicted or sentenced by a court or

29

adjudicated delinquent in jurisdictions outside this

30

Commonwealth or sentenced by court martial.--

- 160 -

 


1

(4)  An individual who [resides] has a residence, is

2

employed or is a student in this Commonwealth and who has

3

been convicted of or sentenced by a court or court martialed

4

for a sexually violent offense or a similar offense under the

5

laws of the United States or one of its territories or

6

possessions, another state, the District of Columbia, the

7

Commonwealth of Puerto Rico or a foreign nation, or who was

8

required to register under a sexual offender statute in the

9

jurisdiction where convicted, sentenced or court martialed,

10

shall register at an approved registration site within 48

11

hours of the individual's arrival in this Commonwealth. The

12

provisions of this subchapter shall apply to the individual

13

as follows:

14

(i)  If the individual has been classified as a

15

sexually violent predator as defined in section 9792

16

(relating to definitions) or determined under the laws of

17

the other jurisdiction or by reason of court martial to

18

be subject to active notification and lifetime

19

registration on the basis of a statutorily authorized

20

administrative or judicial decision or on the basis of a

21

statute or administrative rule requiring active

22

notification and lifetime registration based solely on

23

the offense for which the individual was convicted,

24

sentenced or court martialed, the individual shall,

25

notwithstanding section 9792, be considered a sexually

26

violent predator and subject to lifetime registration

27

pursuant to section 9795.1(b) (relating to registration).

28

The individual shall also be subject to the provisions of

29

this section and sections 9796 (relating to verification

30

of residence), 9798 (relating to other notification) and

- 161 -

 


1

9798.1(c)(1) (relating to information made available on

2

the Internet and electronic notification), except that

3

the individual shall not be required to receive

4

counseling unless required to do so by the other

5

jurisdiction or by reason of court martial.

6

* * *

7

(5)  Notwithstanding the provisions of Chapter 63

8

(relating to juvenile matters) and except as provided in

9

paragraph (4), an individual who [resides] has a residence,

10

is employed or is a student in this Commonwealth and who is

11

required to register as a sex offender under the laws of the

12

United States or one of its territories or possessions,

13

another state, the District of Columbia, the Commonwealth of

14

Puerto Rico or a foreign nation as a result of a juvenile

15

adjudication shall register at an approved registration site

16

within 48 hours of the individual's arrival in this

17

Commonwealth. The provisions of this subchapter shall apply

18

to the individual as follows:

19

* * *

20

(c)  Registration information to local police.--

21

(1)  The Pennsylvania State Police shall provide the

22

information obtained under this section and sections 9795.3

23

(relating to sentencing court information) and 9796 (relating

24

to verification of residence) to the chief law enforcement

25

officers of the police departments of the municipalities in

26

which the individual will [reside,] establish a residence or 

27

be employed or enrolled as a student. In addition, the

28

Pennsylvania State Police shall provide this officer with the

29

address at which the individual will [reside,] establish a

30

residence or be employed or enrolled as a student following

- 162 -

 


1

his release from incarceration, parole or probation.

2

* * *

3

(3)  The Pennsylvania State Police shall provide notice

4

to the chief law enforcement officers of the police

5

departments of the municipalities notified pursuant to

6

paragraph (1) when they are in receipt of information

7

indicating that the individual will no longer [reside] have a

8

residence, be employed or be enrolled as a student in the

9

municipality.

10

* * *

11

§ 9795.3.  Sentencing court information.

12

The sentencing court shall inform offenders and sexually

13

violent predators at the time of sentencing of the provisions of

14

this subchapter. The court shall:

15

* * *

16

(2)  Specifically inform the offender or sexually violent

17

predator of the duty to inform the Pennsylvania State Police

18

within [ten days] 48 hours if the offender or sexually

19

violent predator changes residence or establishes an

20

additional residence or residences, changes employer or

21

employment location for a period of time that will exceed 14

22

days or for an aggregate period of time that will exceed 30

23

days during any calendar year or terminates employment or

24

changes institution or location at which the person is

25

enrolled as a student or terminates enrollment. In order to

26

fulfill the requirements of this paragraph, the sentencing

27

court shall specifically inform the offender or sexually

28

violent predator of the duty to inform the Pennsylvania State

29

Police of:

30

(i)  the location of a temporary habitat or other

- 163 -

 


1

temporary place of abode or dwelling, including a

2

homeless shelter or park, where the individual is lodged;

3

(ii)  the places the individual eats, frequents and

4

engages in leisure activities and any planned

5

destinations, including those outside this Commonwealth;

6

and

7

(iii)  the place the individual receives mail,

8

including a post office box,

9

if the individual fails to establish a residence as defined

10

in paragraph (1) of the definition of "residence" set forth

11

in section 9792.

12

(2.1)  Specifically inform the offender or sexually

13

violent predator of the duty to inform the Pennsylvania State

14

Police within [ten days] 48 hours of becoming employed or

15

enrolled as a student if the person has not previously

16

provided that information to the Pennsylvania State Police.

17

(3)  Specifically inform the offender or sexually violent

18

predator of the duty to register with a new law enforcement

19

agency if the offender or sexually violent predator moves to

20

another state no later than [ten days] 48 hours after

21

establishing residence in another state.

22

* * *

23

§ 9795.5.  Exemption from certain notifications.

24

(a)  Lifetime registrants not classified as sexually violent

25

predators.--

26

(1)  An individual required to register under section

27

9795.1 (relating to registration) who is not a sexually

28

violent predator may petition the sentencing court to be

29

exempt from the application of section 9798.1 (relating to

30

information made available on the Internet and electronic

- 164 -

 


1

notification) provided no less than 20 years have passed

2

since the individual has been convicted in this or any other

3

jurisdiction of any offense punishable by imprisonment for

4

more than one year, or the individual's release from custody

5

following the individual's most recent conviction for any

6

such offense, whichever is later.

7

* * *

8

Section 10.  Section 9796(d) and (f) of Title 42 are amended

9

and the section is amended by adding subsections to read:

10

§ 9796.  Verification of residence.

11

* * *

12

(b.2)  Monthly verification by individuals with temporary

13

habitats located within this Commonwealth.--The Pennsylvania

14

State Police shall verify the residence of individuals required

15

to register under this subchapter who have a residence as

16

defined in paragraph (2) of the definition of "residence" set

17

forth in section 9792 (relating to definitions) every 30 days

18

through the use of a nonforwardable verification form to the

19

last reported location where the individual receives mail. The

20

individual shall appear every 30 days at an approved

21

registration site to complete a verification form and to be

22

photographed. The individual shall appear within 48 hours of the

23

date designated by the Pennsylvania State Police.

24

(b.3)  Facilitation of monthly verification.--The

25

Pennsylvania State Police shall facilitate and administer the

26

verification process required by subsection (b.2) by:

27

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

28

to an individual required to register under this subchapter

29

who has a residence as defined in paragraph (2) of the

30

definition of "residence" set forth in section 9792 at the

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1

last reported location where the individual receives mail.

2

This notice shall be sent not more than ten days nor less

3

than five days prior to each of the monthly verification

4

periods and shall remind the individual of the monthly

5

verification requirement and provide a list of approved

6

registration sites; and

7

(2)  providing verification and compliance forms as

8

necessary to each approved registration site.

9

* * *

10

(d)  Failure to provide verification.--Where an offender or

11

sexually violent predator fails to provide verification of

12

residence defined in paragraph (1) of the definition of

13

"residence" set forth in section 9792 within the ten-day period

14

or the 48-hour period in the case of an offender or sexually

15

violent predator who has a residence as defined in paragraph (2)

16

of the definition of "residence" set forth in section 9792, as

17

set forth in this section, the Pennsylvania State Police shall

18

immediately notify the municipal police department of the

19

offender's or the sexually violent predator's last verified

20

residence. The local municipal police shall locate the offender

21

or sexually violent predator and arrest him for violating this

22

section. The Pennsylvania State Police shall assume

23

responsibility for locating the offender or sexually violent

24

predator and arresting him in jurisdictions where no municipal

25

police jurisdiction exists. The Pennsylvania State Police shall

26

assist any municipal police department requesting assistance

27

with locating and arresting an offender or sexually violent

28

predator who fails to verify his residence.

29

* * *

30

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

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1

Pennsylvania State Police to send nor failure of a sexually

2

violent predator or offender to receive any notice or

3

information under subsection (a.1) [or (b.1)], (b.1) or (b.3) 

4

shall relieve that predator or offender from the requirements of

5

this subchapter.

6

Section 11.  Sections 9797, 9798(a)(1)(ii) and (b), 9798.1

7

and 9799.1(2) and (4) of Title 42 are amended to read:

8

§ 9797.  Victim notification.

9

(a)  Duty to inform victim.--

10

(1)  Where the individual is determined to be a sexually

11

violent predator by a court under section 9795.4 (relating to

12

assessments), the local municipal police department or the

13

Pennsylvania State Police where no municipal police

14

jurisdiction exists shall give written notice to the sexually

15

violent predator's victim when the sexually violent predator

16

registers initially and when he notifies the Pennsylvania

17

State Police of any change of residence. [This] In the case

18

of a sexually violent predator who has a residence as defined

19

in paragraph (1) of the definition of "residence" set forth

20

in section 9792 (relating to definitions), notice shall be

21

given within 72 hours after the sexually violent predator

22

registers or notifies the Pennsylvania State Police of a

23

change of address. The notice shall contain the sexually

24

violent predator's name and the address or addresses where

25

[he resides.] the individual has a residence. In the case of

26

a sexually violent predator who has a residence as defined in

27

paragraph (2) of the definition of "residence" set forth in

28

section 9792, the notice shall contain the sexually violent

29

predator's name and the information set forth in section

30

9795.2(a)(2)(i)(A) and (B) (relating to registration

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1

procedures and applicability). The notice shall be given to

2

the victim within 72 hours after the sexually violent

3

predator registers or notifies the Pennsylvania State Police

4

of a change of residence.

5

(2)  A victim may terminate the duty to inform set forth

6

in paragraph (1) by providing the local municipal police

7

department or the Pennsylvania State Police where no local

8

municipal police department exists with a written statement

9

releasing that agency from the duty to comply with this

10

section as it pertains to that victim.

11

(b)  Where an individual is not determined to be a sexually

12

violent predator.--Where an individual is not determined to be a

13

sexually violent predator by a court under section 9795.4, the

14

victim shall be notified in accordance with section 201 of the

15

act of November 24, 1998 (P.L.882, No.111), known as the Crime

16

Victims Act. This subsection includes the circumstance of an

17

offender having a residence as defined in paragraph (2) of the

18

definition of "residence" set forth in section 9792.

19

§ 9798.  Other notification.

20

(a)  Notice by municipality's chief law enforcement

21

officer.--Notwithstanding any of the provisions of 18 Pa.C.S.

22

Ch. 91 (relating to criminal history record information), the

23

chief law enforcement officer of the full-time or part-time

24

police department of the municipality where a sexually violent

25

predator lives shall be responsible for providing written notice

26

as required under this section.

27

(1)  The notice shall contain:

28

* * *

29

(ii)  The address or addresses at which [he resides]

30

the sexually violent predator has a residence. If,

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1

however, the sexually violent predator has a residence as

2

defined in paragraph (2) of the definition of "residence"

3

set forth in section 9792 (relating to definitions), the

4

notice shall be limited to that set forth in section

5

9795.2(a)(2)(i)(C) (relating to registration procedures

6

and applicability).

7

* * *

8

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

9

enforcement officer shall provide written notice, under

10

subsection (a), to the following persons:

11

(1)  Neighbors of the sexually violent predator. As used

12

in this paragraph, where the sexually violent predator lives

13

in a common interest community, the term "neighbor" includes

14

the unit owners' association and residents of the common

15

interest community.

16

(2)  The director of the county children and youth

17

service agency of the county where the sexually violent

18

predator [resides] has a residence.

19

(3)  The superintendent of each school district and the

20

equivalent official for private and parochial schools

21

enrolling students up through grade 12 in the municipality

22

where the sexually violent predator [resides] has a

23

residence.

24

(3.1)  The superintendent of each school district and the

25

equivalent official for each private and parochial school

26

located within a one-mile radius of where the sexually

27

violent predator [resides] has a residence.

28

(4)  The licensee of each certified day care center and

29

licensed preschool program and owner/operator of each

30

registered family day care home in the municipality where the

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1

sexually violent predator [resides] has a residence.

2

(5)  The president of each college, university and

3

community college located within 1,000 feet of a sexually

4

violent predator's residence.

5

* * *

6

§ 9798.1.  Information made available on the Internet and

7

electronic notification.

8

(a)  Legislative findings.--It is hereby declared to be the

9

finding of the General Assembly that public safety will be

10

enhanced by making information about sexually violent predators,

11

lifetime registrants and other sex offenders available to the

12

public through the Internet and electronic notification.

13

Knowledge of whether a person is a sexually violent predator,

14

lifetime registrant or other sex offender could be a significant

15

factor in protecting oneself and one's family members, or those

16

in care of a group or community organization, from recidivist

17

acts by sexually violent predators, lifetime registrants and

18

other sex offenders. The technology afforded by the Internet and

19

electronic notification would make this information readily

20

accessible to parents and private entities, enabling them to

21

undertake appropriate remedial precautions to prevent or avoid

22

placing potential victims at risk. Public access to information

23

about sexually violent predators, lifetime registrants and other

24

sex offenders is intended solely as a means of public protection

25

and shall not be construed as punitive.

26

(b)  Internet posting of sexually violent predators, lifetime

27

registrants [and], other offenders and electronic

28

notification.--The Commissioner of the Pennsylvania State Police

29

shall, in the manner and form directed by the Governor:

30

(1)  Develop and maintain a system for making the

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1

information described in subsection (c) publicly available by

2

electronic means so that the public may, without limitation,

3

obtain access to the information via an Internet website to

4

view an individual record or the records of all sexually

5

violent predators, lifetime registrants and other offenders

6

who are registered with the Pennsylvania State Police.

7

(2)  Ensure that the Internet website contains warnings

8

that any person who uses the information contained therein to

9

threaten, intimidate or harass another or who otherwise

10

misuses that information may be criminally prosecuted.

11

(3)  Ensure that the Internet website contains an

12

explanation of its limitations, including statements advising

13

that a positive identification of a sexually violent

14

predator, lifetime registrant or other offender whose record

15

has been made available may be confirmed only by

16

fingerprints; that some information contained on the Internet

17

website may be outdated or inaccurate; and that the Internet

18

website is not a comprehensive listing of every person who

19

has ever committed a sex offense in Pennsylvania.

20

(4)  Strive to ensure that:

21

(i)  the information contained on the Internet

22

website is accurate;

23

(ii)  the data therein is revised and updated as

24

appropriate in a timely and efficient manner; and

25

(iii)  instructions are included on how to seek

26

correction of information which a person contends is

27

erroneous.

28

(5)  Provide on the Internet website general information

29

designed to inform and educate the public about sex offenders

30

and sexually violent predators and the operation of this

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1

subchapter as well as pertinent and appropriate information

2

concerning crime prevention and personal safety, with

3

appropriate links to other relevant Internet websites

4

operated by the Commonwealth of Pennsylvania.

5

(6)  Identify when the victim is a minor with a special

6

designation. The identity of a victim of a sex offense shall

7

not be published or posted on the Internet website.

8

(7)  Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

9

criminal history record information), develop, implement and

10

maintain a process which allows members of the public to

11

receive electronic notification when an individual required

12

to register under this subchapter moves into or out of a

13

user-designated location.

14

(c)  Information permitted to be disclosed regarding

15

individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to

16

criminal history record information), the Internet website shall

17

contain the following information on each individual:

18

(1)  For sexually violent predators, the following

19

information shall be posted on the Internet website:

20

(i)  name and all known aliases;

21

(ii)  year of birth;

22

(iii)  in the case of an individual who has a

23

residence as defined in paragraph (1) of the definition

24

of "residence" set forth in section 9792 (relating to

25

definitions), the street address, municipality, county

26

and zip code of all residences, including, where

27

applicable, the name of the prison or other place of

28

confinement;

29

(iv)  the street address, municipality, county, zip

30

code and name of any institution or location at which the

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1

person is enrolled as a student;

2

(v)  the municipality, county and zip code of any

3

employment location;

4

(vi)  a photograph of the offender, which shall be

5

updated not less than annually;

6

(vii)  a physical description of the offender,

7

including sex, height, weight, eye color, hair color and

8

race;

9

(viii)  any identifying marks, including scars,

10

birthmarks and tattoos;

11

(ix)  the license plate number and description of any

12

vehicle owned or registered to the offender;

13

(x)  whether the offender is currently compliant with

14

registration requirements;

15

(xi)  whether the victim is a minor;

16

(xii)  a description of the offense or offenses which

17

triggered the application of this subchapter; [and]

18

(xiii)  the date of the offense and conviction, if

19

available; and

20

(xiv)  in the case of an individual who has a

21

residence as defined in paragraph (2) of the definition

22

of "residence" set forth in section 9792, the information

23

listed in section 9795.2(a)(2)(i)(C) (relating to

24

registration procedures and applicability), including,

25

where applicable, the name of the prison or other place

26

of confinement.

27

(2)  For all other lifetime registrants and offenders

28

subject to registration, the information set forth in

29

paragraph (1) shall be posted on the Internet website.

30

(d)  Duration of Internet posting.--

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1

(1)  The information listed in subsection (c) about a

2

sexually violent predator shall be made available on the

3

Internet for the lifetime of the sexually violent predator.

4

(2)  The information listed in subsection (c) about an

5

offender who is subject to lifetime registration shall be

6

made available on the Internet for the lifetime of the

7

offender unless the offender is granted relief under section

8

9795.5 (relating to exemption from certain notifications).

9

(3)  The information listed in subsection (c) about any

10

other offender subject to registration shall be made

11

available on the Internet for the entire period during which

12

the offender is required to register, including any extension

13

of this period pursuant to 9795.2(a)(3) (relating to

14

registration procedures and applicability).

15

§ 9799.1.  Duties of Pennsylvania State Police.

16

The Pennsylvania State Police shall:

17

* * *

18

(2)  In consultation with the Department of Corrections,

19

the Office of Attorney General, the Pennsylvania Board of

20

Probation and Parole and the chairman and the minority

21

chairman of the Judiciary Committee of the Senate and the

22

chairman and the minority chairman of the Judiciary Committee

23

of the House of Representatives, promulgate guidelines

24

necessary for the general administration of this subchapter.

25

These guidelines shall establish procedures to allow an

26

individual subject to the requirements of sections 9795.1

27

(relating to registration) and 9796 (relating to verification

28

of residence) to fulfill these requirements at approved

29

registration sites throughout this Commonwealth. This

30

paragraph includes the duty to establish procedures to allow

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1

an individual who has a residence as defined in paragraph (2)

2

of the definition of "residence" set forth in section 9792

3

(relating to definitions) to fulfill the requirements

4

regarding registration at approved registration sites

5

throughout this Commonwealth. The Pennsylvania State Police

6

shall publish a list of approved registration sites in the

7

Pennsylvania Bulletin and provide a list of approved

8

registration sites in any notices sent to individuals

9

required to register under section 9795.1. An approved

10

registration site shall be capable of submitting

11

fingerprints, photographs and any other information required

12

electronically to the Pennsylvania State Police. The

13

Pennsylvania State Police shall require that approved

14

registration sites submit fingerprints utilizing the

15

Integrated Automated Fingerprint Identification System or in

16

another manner and in such form as the Pennsylvania State

17

Police shall require. The Pennsylvania State Police shall

18

require that approved registration sites submit photographs

19

utilizing the Commonwealth Photo Imaging Network or in

20

another manner and in such form as the Pennsylvania State

21

Police shall require. Approved registration sites shall not

22

be limited to sites managed by the Pennsylvania State Police

23

and shall include sites managed by local law enforcement

24

agencies that meet the criteria for approved registration

25

sites set forth in this paragraph.

26

* * *

27

(4)  Notify, within five days of receiving the offender's

28

or the sexually violent predator's registration, the chief

29

law enforcement officers of the police departments having

30

primary jurisdiction of the municipalities in which an

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1

offender or sexually violent predator [resides] has a

2

residence, is employed or enrolled as a student of the fact

3

that the offender or sexually violent predator has been

4

registered with the Pennsylvania State Police pursuant to

5

sections 9795.2 (relating to registration procedures and

6

applicability) and 9796 (relating to verification of

7

residence).

8

* * *

9

Section 12.  Title 42 is amended by adding sections to read:

10

§ 9799.10.  Purposes of subchapter.

11

This subchapter shall be interpreted and construed to

12

effectuate the following purposes:

13

(1)  To bring the Commonwealth into substantial

14

compliance with the Adam Walsh Child Protection and Safety

15

Act of 2006 (Public Law 109-248, 120 Stat. 597).

16

(2)  To require individuals convicted of certain sexual

17

offenses to register with the Pennsylvania State Police and

18

to otherwise comply with this subchapter if those individuals

19

reside within this Commonwealth, intend to reside within this

20

Commonwealth, attend an educational institution within this

21

Commonwealth or are employed or conduct volunteer work within

22

this Commonwealth.

23

(3)  To require individuals convicted of certain sexual

24

offenses who fail to maintain a residence and are therefore

25

homeless but can still be found within the borders of this

26

Commonwealth to register with the Pennsylvania State Police.

27

(4)  To require individuals who are currently subject to

28

the criminal justice system of this Commonwealth as inmates,

29

supervised with respect to probation or parole or registrants

30

under this subchapter to register with the Pennsylvania State

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1

Police and to otherwise comply with this subchapter. To the

2

extent practicable and consistent with the requirements of

3

the Adam Walsh Child Protection and Safety Act of 2006, this

4

subchapter shall be construed to maintain existing procedures

5

regarding registration of sexual offenders who are subject to

6

the criminal justice system of this Commonwealth.

7

(5)  To provide a mechanism for members of the general

8

public to obtain information about certain sexual offenders

9

from a public Internet website and to include on that

10

Internet website a feature which will allow a member of the

11

public to enter a zip code or a geographic radius and

12

determine whether a sexual offender resides within that zip

13

code or radius.

14

(6)  To provide a mechanism for law enforcement entities

15

within this Commonwealth to obtain information about certain

16

sexual offenders and to allow law enforcement entities

17

outside this Commonwealth, including those within the Federal

18

Government, to obtain current information about certain

19

sexual offenders.

20

§ 9799.11.  Legislative findings and declaration of policy.

21

(a)  Legislative findings.--The General Assembly finds as

22

follows:

23

(1)  In 1995 the General Assembly enacted the act of

24

October 24, 1995 (1st Sp.Sess. P.L.1079, No.24), commonly

25

referred to as Megan's Law. Through this enactment, the

26

General Assembly intended to comply with legislation enacted

27

by Congress requiring that states provide for the

28

registration of sexual offenders. The Federal statute, the

29

Jacob Wetterling Crimes Against Children and Sexually Violent

30

Offender Registration Act (Public Law 103-322, 42 U.S.C.

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1

14071 et seq.), has been superseded by the Adam Walsh Child

2

Protection and Safety Act of 2006 (Public Law 109-248, 120

3

Stat. 597).

4

(2)  This Commonwealth's laws regarding registration of

5

sexual offenders need to be strengthened. The Adam Walsh

6

Child Protection and Safety Act of 2006 provides a mechanism

7

for the Commonwealth to increase its regulation of sexual

8

offenders in a manner which is nonpunitive but offers an

9

increased measure of protection to the citizens of this

10

Commonwealth.

11

(3)  If the public is provided adequate notice and

12

information about sexual offenders, the community can develop

13

constructive plans to prepare for the presence of sexual

14

offenders in the community. This allows communities to meet

15

with law enforcement to prepare and obtain information about

16

the rights and responsibilities of the community and to

17

provide education and counseling to residents, particularly

18

children.

19

(4)  Sexual offenders pose a high risk of committing

20

additional sexual offenses, and protection of the public from

21

this type of offender is a paramount governmental interest.

22

(5)  Sexual offenders have a reduced expectation of

23

privacy because of the public's interest in public safety and

24

in the effective operation of government.

25

(6)  Release of information about sexual offenders to

26

public agencies and the general public will further the

27

governmental interests of public safety and public scrutiny

28

of the criminal and mental health systems so long as the

29

information released is rationally related to the furtherance

30

of those goals.

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1

(7)  Knowledge of whether a person is a sexual offender

2

could be a significant factor in protecting oneself and one's

3

family members, or those in care of a group or community

4

organization, from recidivist acts by such offenders.

5

(8)  The technology afforded by the Internet and other

6

modern electronic communication methods makes this

7

information readily accessible to parents, minors and private

8

entities, enabling them to undertake appropriate remedial

9

precautions to prevent or avoid placing potential victims at

10

risk.

11

(b)  Declaration of policy.--The General Assembly declares as

12

follows:

13

(1)  It is the intention of the General Assembly to

14

substantially comply with the Adam Walsh Child Protection and

15

Safety Act of 2006 and to further protect the safety and

16

general welfare of the citizens of this Commonwealth by

17

providing for increased regulation of sexual offenders,

18

specifically as that regulation relates to registration of

19

sexual offenders and community notification about sexual

20

offenders.

21

(2)  It is the policy of the Commonwealth to require the

22

exchange of relevant information about sexual offenders among

23

public agencies and officials and to authorize the release of

24

necessary and relevant information about sexual offenders to

25

members of the general public as a means of assuring public

26

protection and shall not be construed as punitive.

27

§ 9799.12.  Definitions.

28

The following words and phrases when used in this subchapter

29

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

30

context clearly indicates otherwise:

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1

"Approved registration site."  A site in this Commonwealth

2

approved by the Pennsylvania State Police:

3

(1)  at which individuals subject to this subchapter may

4

register, update and verify information or be fingerprinted

5

and photographed as required by this subchapter;

6

(2)  which is capable of submitting fingerprints

7

utilizing the Integrated Automated Fingerprint Identification

8

System or in another manner and in the form as the

9

Pennsylvania State Police shall require; and

10

(3)  which is capable of submitting photographs in the

11

form as the Pennsylvania State Police shall require.

12

"Board."  The State Sexual Offenders Assessment Board.

13

"Common interest community."  Includes a cooperative, a

14

condominium and a planned community where an individual by

15

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

16

or may become obligated by covenant, easement or agreement

17

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

18

property taxes, insurance, maintenance, repair, improvement,

19

management, administration or regulation of any part of the real

20

estate other than the portion or interest owned solely by the

21

individual.

22

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

23

or nolo contendere, conviction after trial and a finding of not

24

guilty due to insanity or of guilty but mentally ill.

25

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

26

time or part time for a period of time exceeding four days

27

during a seven-day period or for an aggregate period of time

28

exceeding 14 days during any calendar year, whether self-

29

employed, volunteered, financially compensated, pursuant to a

30

contract or for the purpose of governmental or educational

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1

benefit.

2

"Foreign country."  Includes Canada, the United Kingdom,

3

Australia, New Zealand and a foreign country where the United

4

States Department of State in the Country Reports on Human

5

Rights Practices has concluded that an independent judiciary

6

enforced the right to a fair trial in that country during the

7

calendar year in which the individual's conviction occurred.

8

"IAFIS."  The Integrated Automated Fingerprint Identification

9

System.

10

"Integrated Automated Fingerprint Identification System."

11

The national fingerprint and criminal history system maintained

12

by the Federal Bureau of Investigation providing automated

13

fingerprint search capabilities, latent searching capability,

14

electronic image storage and electronic exchange of fingerprints

15

and responses.

16

"Jurisdiction."  A state, the District of Columbia, the

17

Commonwealth of Puerto Rico, Guam, American Samoa, the Northern

18

Mariana Islands, the United States Virgin Islands and a

19

federally recognized Indian tribe as provided in section 127 of

20

the Adam Walsh Child Protection and Safety Act of 2006 (Public

21

Law 109-248, 42 U.S.C. § 16927).

22

"Juvenile offender."  One of the following:

23

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

24

the time the individual committed an offense which, if

25

committed by an adult, would be classified as an offense

26

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

27

involuntary deviate sexual intercourse) or 3125 (relating to

28

aggravated indecent assault) or an attempt, solicitation or

29

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

30

or 3125 and either:

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1

(i)  is adjudicated delinquent for such offense on or

2

after the effective date of this section; or

3

(ii)  has been adjudicated delinquent for such

4

offense and, on the effective date of this section, is

5

subject to the jurisdiction of the court, including

6

commitment to an institution or facility set forth in

7

section 6352(a)(3) (relating to a disposition of

8

delinquent child).

9

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

10

the time the individual committed an offense similar to an

11

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

12

solicitation or conspiracy to commit an offense similar to an

13

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

14

of the United States, another jurisdiction or a foreign

15

country and was adjudicated delinquent for such an offense.

16

The term does not include a sexually violent delinquent child.

17

"Mental abnormality."  A congenital or acquired condition of

18

a person that affects the emotional or volitional capacity of

19

the person in a manner that predisposes that person to the

20

commission of criminal sexual acts to a degree that makes the

21

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

22

"Military offense."  An offense specified by the United

23

States Secretary of Defense under 10 U.S.C. § 951 (relating to

24

establishment; organization; administration).

25

"Minor."  Any individual under 18 years of age.

26

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

27

township.

28

"NCIC."  The National Crime Information Center.

29

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

30

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

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1

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

2

good faith medical, hygienic or law enforcement procedures.

3

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

4

with whom a relationship has been initiated, established,

5

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

6

facilitate or support victimization.

7

"Registry."  The Statewide Registry of Sexual Offenders

8

established in section 9799.16(a) (relating to registry).

9

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

10

domiciled or intends to be domiciled for 30 consecutive days or

11

more during a calendar year. The term includes a residence which

12

is mobile, including a houseboat, mobile home, trailer or

13

recreational vehicle.

14

"Sexual offender."  An individual required to register under

15

this subchapter.

16

"Sexually violent delinquent child."  As defined in section

17

6402 (relating to definitions).

18

"Sexually violent offense."  An offense specified in section

19

9799.14 (relating to sexual offenses and tier system) as a Tier

20

I, Tier II or Tier III sexual offense.

21

"Sexually violent predator."  An individual convicted of an

22

offense specified in:

23

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

24

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

25

system) or an attempt, conspiracy or solicitation to commit

26

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

27

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

28

(2)  section 9799.14(c)(1), (2), (3), (4), (5) or (6) or

29

an attempt, conspiracy or solicitation to commit an offense

30

under section 9799.14(c)(1), (2), (3), (4), (5) or (6); or

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1

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

2

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

3

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

4

(7) or (8)

5

who is determined to be a sexually violent predator under

6

section 9799.24 (relating to assessments) due to a mental

7

abnormality or personality disorder that makes the individual

8

likely to engage in predatory sexually violent offenses. The

9

term includes an individual determined to be a sexually violent

10

predator where the determination occurred in another

11

jurisdiction, a foreign country or by court martial.

12

"Student."  An individual who is enrolled in or attends a

13

public or private educational institution within this

14

Commonwealth on a full-time or part-time basis, including a

15

secondary school, trade or professional institution or

16

institution of higher education. The term does not include an

17

individual enrolled in an educational institution exclusively

18

through the Internet or via correspondence courses.

19

"Temporary lodging."  The specific location, including street

20

address, where a sexual offender is staying when away from the

21

sexual offender's residence for seven or more days.

22

"Tier I sexual offense."  An offense specified in section

23

9799.14(b) (relating to sexual offenses and tier system).

24

"Tier II sexual offense."  An offense specified in section

25

9799.14(c) (relating to sexual offenses and tier system).

26

"Tier III sexual offense."  An offense specified in section

27

9799.14(d) (relating to sexual offenses and tier system).

28

"Transient."  An individual required to register under this

29

subchapter who does not have a residence but nevertheless

30

resides in this Commonwealth in a temporary habitat or other

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1

temporary place of abode or dwelling, including a homeless

2

shelter or park.

3

§ 9799.13.  Applicability.

4

The following individuals shall register with the

5

Pennsylvania State Police as provided in sections 9799.15

6

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

7

initial registration) and 9799.25 (relating to verification by

8

sexual offenders and Pennsylvania State Police) and otherwise

9

comply with the provisions of this subchapter:

10

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

11

this section, has been convicted of a sexually violent

12

offense and who has a residence within this Commonwealth or

13

is a transient.

14

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

15

this section, is an inmate in a State or county correctional

16

institution of this Commonwealth, including a community

17

corrections center or a community contract facility, is being

18

supervised by the Pennsylvania Board of Probation and Parole

19

or county probation or parole or is subject to a sentence of

20

intermediate punishment and has committed a sexually violent

21

offense.

22

(3)  An individual who is required to register with the

23

Pennsylvania State Police under this subchapter prior to the

24

effective date of this section who has not fulfilled the

25

period of registration as of the effective date of this

26

section.

27

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

28

Pennsylvania State Police pursuant to former section 9795.1

29

and:

30

(i)  has fulfilled the period of registration

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1

provided in former section 9795.1(a) (relating to

2

registration) or has been removed from the registry under

3

former section 9795.5 (relating to exemption from certain

4

notifications); and

5

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

6

is convicted of a sexually violent offense or convicted

7

of an offense graded as a felony.

8

(5)  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 fulfilled the period of registration

12

provided in this subchapter; and

13

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

14

is convicted of an offense graded as a felony.

15

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

16

this section, was required to register with the Pennsylvania

17

State Police pursuant to this subchapter and:

18

(i)  has been removed from the registry pursuant to

19

section 9799.17 (relating to reduction of period of

20

registration); and

21

(ii)  is subsequently convicted of an offense graded

22

as a felony.

23

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

24

this section, is required to register in a sexual offender

25

registry in another jurisdiction or in a foreign country

26

based upon a conviction for a sexually violent offense and:

27

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

28

transient;

29

(ii)  is employed within this Commonwealth; or

30

(iii)  is a student within this Commonwealth.

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1

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

2

this section, is a juvenile offender who was adjudicated

3

delinquent within this Commonwealth or was adjudicated

4

delinquent in another jurisdiction or a foreign country and:

5

(i)  has a residence within this Commonwealth;

6

(ii)  is employed within this Commonwealth; or

7

(iii)  is a student within this Commonwealth.

8

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

9

this section, is a sexually violent delinquent child who is

10

committed for involuntary treatment or, on the effective date

11

of this section, is under commitment receiving involuntary

12

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

13

Chapter 64 (relating to court-ordered involuntary treatment

14

of certain sexually violent persons).

15

§ 9799.14.  Sexual offenses and tier system.

16

(a)  Tier system established.--Sexual offenses shall be

17

classified in a three-tiered system composed of Tier I sexual

18

offenses, Tier II sexual offenses and Tier III sexual offenses.

19

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

20

classified as Tier I sexual offenses:

21

(1)  18 Pa.C.S. § 2902(b) (relating to unlawful

22

restraint).

23

(2)  18 Pa.C.S. § 2903(b) (relating to false

24

imprisonment).

25

(3)  18 Pa.C.S. § 2904 (relating to interference with

26

custody of children) if the victim is a minor and the sexual

27

offender is not the victim's parent or guardian.

28

(4)  18 Pa.C.S. § 2910 (relating to luring a child into a

29

motor vehicle or structure).

30

(5)  18 Pa.C.S. § 3124.2(a) (relating to institutional

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1

sexual assault).

2

(6)  18 Pa.C.S. § 3126(a)(1) (relating to indecent

3

assault).

4

(7)  (Reserved).

5

(8)  18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption

6

of minors).

7

(9)  18 Pa.C.S. § 6312(d) (relating to sexual abuse of

8

children).

9

(10)  18 Pa.C.S. § 7507.1. (relating to invasion of

10

privacy).

11

(11)  18 U.S.C. § 1801 (relating to video voyeurism).

12

(12)  18 U.S.C. § 2252 (relating to certain activities

13

relating to material involving the sexual exploitation of

14

minors).

15

(13)  18 U.S.C. § 2252A (relating to certain activities

16

relating to material constituting or containing child

17

pornography).

18

(14)  18 U.S.C. § 2252B (relating to misleading domain

19

names on the Internet).

20

(15)  18 U.S.C. § 2252C (relating to misleading words or

21

digital images on the Internet).

22

(16)  18 U.S.C. § 2422(a) (relating to coercion and

23

enticement).

24

(17)  18 U.S.C. § 2423(b) (relating to transportation of

25

minors).

26

(18)  18 U.S.C. § 2423(c).

27

(19)  18 U.S.C. § 2424 (relating to filing factual

28

statement about alien individual).

29

(20)  18 U.S.C. § 2425 (relating to use of interstate

30

facilities to transmit information about a minor).

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1

(21)  A comparable military offense or similar offense

2

under the laws of another jurisdiction or foreign country.

3

(22)  An attempt, conspiracy or solicitation to commit an

4

offense listed in paragraph (1), (2), (3), (4), (5), (6),

5

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16),

6

(17), (18), (19), (20) or (21).

7

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

8

be classified as Tier II sexual offenses:

9

(1)  18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8).

10

(2)  18 Pa.C.S. § 5902(b) (relating to prostitution and

11

related offenses) if the sexual offender promotes the

12

prostitution of a minor.

13

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

14

(relating to obscene and other sexual materials and

15

performances).

16

(4)  18 Pa.C.S. § 6312(b) and (c) (relating to sexual

17

abuse of children).

18

(5)  18 Pa.C.S. § 6318 (relating to unlawful contact with

19

minor).

20

(6)  18 Pa.C.S. § 6320 (relating to sexual exploitation

21

of children).

22

(7)  18 U.S.C. § 1591 (relating to sex trafficking of

23

children by force, fraud, or coercion).

24

(8)  18 U.S.C. § 2243 (relating to sexual abuse of a

25

minor or ward).

26

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

27

contact).

28

(10)  18 U.S.C. § 2251 (relating to sexual exploitation

29

of children).

30

(11)  18 U.S.C. § 2251A (relating to selling or buying of

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1

children).

2

(12)  18 U.S.C. § 2252.

3

(13)  18 U.S.C. § 2260 (relating to production of

4

sexually explicit depictions of a minor for importation into

5

the United States).

6

(14)  18 U.S.C. § 2421 (relating to transportation

7

generally).

8

(15)  18 U.S.C. § 2422(b).

9

(16)  18 U.S.C. § 2423(a).

10

(17)  A comparable military offense or similar offense

11

under the laws of another jurisdiction or foreign country.

12

(18)  An attempt, conspiracy or solicitation to commit an

13

offense listed in paragraph (1), (2), (3), (4), (5), (6),

14

(7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or

15

(17).

16

(19)  An offense specified as a Tier I sexual offense

17

where there is a subsequent conviction for an offense graded

18

as a felony.

19

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

20

be classified as Tier III sexual offenses:

21

(1)  18 Pa.C.S. § 2901(a.1) (relating to kidnapping).

22

(2)  18 Pa.C.S. § 3121 (relating to rape).

23

(3)  18 Pa.C.S. § 3122.1(b) (relating to statutory sexual

24

assault).

25

(4)  18 Pa.C.S. § 3123 (relating to involuntary deviate

26

sexual intercourse).

27

(5)  18 Pa.C.S. § 3124.1 (relating to sexual assault).

28

(6)  18 Pa.C.S. § 3124.2 if the victim is a minor.

29

(7)  18 Pa.C.S. § 3125 (relating to aggravated indecent

30

assault).

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1

(8)  18 Pa.C.S. § 3126(a)(7) (relating to indecent

2

assault).

3

(9)  18 Pa.C.S. § 4302(b) (relating to incest).

4

(10)  18 U.S.C. § 2241 (relating to aggravated sexual

5

abuse).

6

(11)  18 U.S.C. § 2242 (relating to sexual abuse).

7

(12)  18 U.S.C. § 2244.

8

(13)  A comparable military offense or similar offense

9

under the laws of another jurisdiction or country.

10

(14)  An attempt, conspiracy or solicitation to commit an

11

offense listed in paragraph (1), (2), (3), (4), (5), (6),

12

(7), (8), (9), (10), (11), (12) or (13).

13

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

14

there is a subsequent conviction for an offense graded as a

15

felony.

16

§ 9799.15.  Period of registration.

17

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

18

individual specified in section 9799.13 (relating to

19

applicability) shall register with the Pennsylvania State Police

20

as follows:

21

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

22

shall register for a period of 15 years.

23

(2)  An individual convicted of a Tier II sexual offense

24

shall register for a period of 25 years.

25

(3)  An individual convicted of a Tier III sexual offense

26

shall register for the life of the individual.

27

(4)  A juvenile offender shall register for the life of

28

the individual.

29

(5)  A sexually violent delinquent child shall register

30

for the life of the individual.

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1

(6)  A sexually violent predator shall register for the

2

life of the individual.

3

(b)  Commencement of registration.--The following apply:

4

(1)  The period of registration set forth in subsection

5

(a) shall commence as follows:

6

(i)  For an individual convicted of a sexually

7

violent offense in this Commonwealth, the period of

8

registration shall commence upon:

9

(A)  release from incarceration in a State or

10

county correctional facility, including release to a

11

community correction center or community contract

12

facility;

13

(B)  parole or a sentence of probation; or

14

(C)  a sentence of State or county intermediate

15

punishment in which the person is not sentenced to a

16

period of incarceration.

17

(ii)  For an individual who is a juvenile offender,

18

the period of registration shall commence upon:

19

(A)  release from an institution or facility set

20

forth in section 6352(a)(3) (relating to disposition

21

of delinquent child), if the juvenile offender is, on

22

or after the effective date of this section, subject

23

to the jurisdiction of a court pursuant to a

24

disposition entered under section 6352 and is under

25

court-ordered placement in an institution or facility

26

set forth in section 6352(a)(3); or

27

(B)  probation, if the juvenile offender is, on

28

or after the effective date of this section, subject

29

to the jurisdiction of a court pursuant to a

30

disposition entered under section 6352 and is placed

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1

on probation or is otherwise subject to jurisdiction

2

of a court pursuant to a disposition under section

3

6352 that did not involve out-of-home placement.

4

(iii)  For a sexually violent delinquent child, the

5

period of registration shall commence upon the earlier

6

of:

7

(A)  transfer to involuntary outpatient treatment

8

pursuant to section 6401.1 (relating to transfer to

9

involuntary outpatient treatment); or

10

(B)  discharge from commitment to the separate,

11

State-owned facility or unit established under

12

section 6406 (relating to duty of Department of

13

Public Welfare).

14

(iv)  For an individual who is convicted of a

15

sexually violent offense in another jurisdiction or

16

foreign country or a comparable military offense, the

17

period of registration shall commence upon establishment

18

of a residence or commencement of employment or

19

enrollment as a student within this Commonwealth.

20

(2)  Notwithstanding the provisions of paragraph (1), an

21

individual specified in section 9799.13 shall initially

22

register with the Pennsylvania State Police as set forth in

23

section 9799.19 (relating to initial registration).

24

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

25

apply:

26

(1)  The period of registration set forth in subsection

27

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

28

individual specified in section 9799.13 is:

29

(i)  incarcerated in a State or county correctional

30

institution, excluding a community contract facility or

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1

community corrections center;

2

(ii)  subject to a sentence of intermediate

3

punishment which is restrictive and where the individual

4

is sentenced to a period of incarceration;

5

(iii)  committed to an institution or facility set

6

forth in section 6352(a)(3); or

7

(iv)  committed to and receiving involuntary

8

inpatient treatment in the State-owned facility or unit

9

set forth in Chapter 64 (relating to court-ordered

10

involuntary treatment of certain sexually violent

11

persons).

12

(2)  This subsection shall apply to an individual

13

specified in section 9799.13 who is recommitted to a State or

14

county correctional institution for a parole violation or who

15

has been sentenced to an additional term of imprisonment. In

16

the case of recommitment, the Department of Corrections or

17

the county correctional facility shall notify the

18

Pennsylvania State Police of the admission of the individual.

19

(d)  Sexually violent predators.--An individual convicted of

20

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

21

sexual offense who is determined to be a sexually violent

22

predator under section 9799.24 (relating to assessments) shall

23

register for the life of the individual.

24

(e)  Periodic in-person appearance required.--Except as

25

provided in subsection (f) and subject to subsections (g) and

26

(h), an individual specified in section 9799.13 shall appear in

27

person at an approved registration site to provide or verify the

28

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

29

registry) and to be photographed as follows:

30

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

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1

shall appear annually.

2

(2)  An individual convicted of a Tier II sexual offense

3

shall appear semiannually.

4

(3)  An individual convicted of a Tier III sexual offense

5

shall appear quarterly.

6

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

7

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

8

sexual offense who is determined to be a sexually violent

9

predator under section 9799.24 shall appear in person at an

10

approved registration site to provide or verify the information

11

set forth in section 9799.16(b) and to be photographed every 90

12

days.

13

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

14

to the periodic in-person appearance required in subsection (e),

15

an individual specified in section 9799.13 shall appear in

16

person at an approved registration site within three business

17

days to provide current information relating to:

18

(1)  A change in name.

19

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

20

termination of residence or failure to maintain a residence,

21

thus making the individual a transient.

22

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

23

or entity in which the individual is employed or a

24

termination of employment.

25

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

26

enrollment as a student or termination as a student.

27

(5)  A change in telephone number, including a cell phone

28

number, or a termination of telephone number, including a

29

cell phone number.

30

(6)  A change in or termination of a motor vehicle owned

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1

or operated, including watercraft or aircraft. In order to

2

fulfill the requirements of this paragraph, the individual

3

must provide any license plate numbers and registration

4

numbers or other identifiers.

5

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

6

temporary lodging or a termination of temporary lodging. In

7

order to fulfill the requirements of this paragraph, the

8

individual must provide the specific length of time and the

9

dates during which the individual will be temporarily lodged.

10

(8)  A change in or termination of e-mail address,

11

instant message address or any other designations used in

12

Internet communications or postings.

13

(h)  Transients, juvenile offenders and sexually violent

14

delinquent children.--If the individual specified in section

15

9799.13 is a transient, a juvenile offender or a sexually

16

violent delinquent child, the following apply:

17

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

18

shall appear in person at an approved registration site to

19

provide or to verify the information set forth in section

20

9799.16(b) and to be photographed every 30 days. The duty to

21

appear in person every 30 days and to be photographed shall

22

apply until a transient establishes a residence. In the event

23

a transient establishes a residence, the requirement of

24

periodic in-person appearances set forth in subsection (c)

25

shall apply.

26

(2)  If the individual is a juvenile offender, the

27

individual shall appear at an approved registration site to

28

provide or verify the information set forth in section

29

9799.16(b) and to be photographed every 90 days.

30

(3)  If the individual is a sexually violent delinquent

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1

child, the individual shall appear at an approved

2

registration site to provide or verify the information set

3

forth in section 9799.16(b) and to be photographed every 90

4

days.

5

(i)  International travel.--In addition to the periodic in-

6

person appearance required in subsection (c), an individual

7

specified in section 9799.13 shall appear in person at an

8

approved registration site no less than 21 days in advance of

9

traveling outside of the United States. The individual shall

10

provide the following information:

11

(1)  Dates of travel, including date of return to the

12

United States.

13

(2)  Destinations.

14

(3)  Temporary lodging.

15

§ 9799.16.  Registry.

16

(a)  Establishment.--There is established a Statewide

17

registry of sexual offenders in order to carry out the

18

provisions of this subchapter. The Pennsylvania State Police

19

shall create and maintain the registry. The registry shall

20

maintain a complete and systematic index of all records required

21

regarding sexual offenders in order to comply with the Adam

22

Walsh Child Protection and Safety Act of 2006 (Public Law

23

109-248, 120 Stat. 597). The registry shall:

24

(1)  Be composed of an electronic database and digitized

25

records.

26

(2)  Be able to communicate with the Sex Offender

27

Registration and Notification Act Exchange Portal developed

28

by the United States Department of Justice, the National Sex

29

Offender Registry or any successor database which is

30

maintained by the Department of Justice and the Dru Sjodin

- 197 -

 


1

National Sex Offender Public Website maintained by the

2

Department of Justice.

3

(3)  Be able to communicate with sexual offender

4

registries established in other jurisdictions.

5

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

6

specified in section 9799.13 (relating to applicability) shall

7

provide the following information which shall be included in the

8

registry:

9

(1)  Primary or given name, including an alias used by

10

the individual, nickname, pseudonym, ethnic or tribal name,

11

regardless of the context used and any designations or

12

monikers used for self-identification in Internet

13

communications or postings.

14

(2)  Designation used by the individual for purposes of

15

routing or self-identification in Internet communications or

16

postings.

17

(3)  Telephone number, including cell phone number, and

18

any other designation used by the individual for purposes of

19

routing or self-identification in telephonic communications.

20

(4)  Valid Social Security number issued to the

21

individual by the Federal Government and purported Social

22

Security number.

23

(5)  Address of each residence or intended residence. If

24

the individual enters this Commonwealth and fails to maintain

25

a residence and is therefore a transient, the individual

26

shall provide information for the registry as set forth in

27

paragraph (6).

28

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

29

shall provide information about the transient's temporary

30

habitat or other temporary place of abode or dwelling,

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1

including a homeless shelter or park. In addition, the

2

transient shall provide a list of places the transient eats,

3

frequents and engages in leisure activities and any planned

4

destinations, including those outside this Commonwealth. If

5

the transient changes or adds to the places listed under this

6

paragraph during a 30-day period, the transient shall list

7

these when registering as a transient during the next 30-day

8

period. In addition, the transient shall provide the place

9

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

10

the transient has been designated as a sexually violent

11

predator, the transient shall state whether he is in

12

compliance with section 9799.36 (relating to counseling of

13

sexually violent predators). The duty to provide the

14

information set forth in this paragraph shall apply until the

15

transient establishes a residence. In the event a transient

16

establishes a residence, the requirements of section

17

9799.15(e) (relating to period of registration) shall apply.

18

(7)  Temporary lodging. In order to fulfill the

19

requirements of this paragraph, the individual must provide

20

the specific length of time and the dates during which the

21

individual will be temporarily lodged.

22

(8)  A passport and documents establishing immigration

23

status, which shall be copied in a digitized format for

24

inclusion in the registry.

25

(9)  Name and address where the individual is employed or

26

will be employed. In order to fulfill the requirements of

27

this paragraph, if the individual is not employed in a fixed

28

workplace, the individual shall provide information regarding

29

general travel routes and general areas where the individual

30

works.

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1

(10)  Information relating to occupational and

2

professional licensing, including type of license held and

3

the license number.

4

(11)  Name and address where the individual is a student

5

or will be a student.

6

(12)  Information relating to motor vehicles owned or

7

operated by the individual, including watercraft and

8

aircraft. In order to fulfill the requirements of this

9

paragraph, the individual shall provide a description of each

10

motor vehicle, watercraft or aircraft. The individual shall

11

provide a license plate number, registration number or other

12

identification number and the address of the place where a

13

vehicle is stored. In addition, the individual shall provide

14

the individual's license to operate a motor vehicle or other

15

identification card issued by the Commonwealth, another

16

jurisdiction or a foreign country so that the Pennsylvania

17

State Police can fulfill its responsibilities under

18

subsection (c)(7).

19

(13)  Actual date of birth and purported date of birth.

20

(14)  Form signed by the individual acknowledging the

21

individual's obligations under this subchapter provided in

22

accordance with section 9799.23 (relating to court

23

notification and classification requirements).

24

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

25

Police shall ensure that the following information is included

26

in the registry:

27

(1)  Physical description of the individual, including a

28

general physical description and tattoos, scars and other

29

identifying marks.

30

(2)  Text of the statute defining the criminal offense

- 200 -

 


1

for which the individual is registered.

2

(3)  Criminal history record information of the

3

individual, including:

4

(i)  Dates of arrests and convictions.

5

(ii)  Status of probation, parole or supervised

6

release.

7

(iii)  Whether the individual is in compliance with

8

requirements regarding this subchapter or has absconded.

9

(iv)  Existence of any outstanding warrants.

10

(4)  Current photograph of the individual. In order to

11

fulfill the requirements of this paragraph, in addition to

12

the taking of photographs pursuant to section 9799.15(e), the

13

Pennsylvania State Police shall ensure that additional

14

photographs are taken as needed when there is a significant

15

change in appearance of the individual, including the taking

16

of a current photograph before the individual is released

17

from a State or county correctional institution or an

18

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

19

(relating to disposition of delinquent child) or discharged

20

from the State-owned facility or unit set forth in Chapter 64

21

(relating to court-ordered involuntary treatment of certain

22

sexually violent persons), due to:

23

(i)  the expiration of sentence, period of commitment

24

or involuntary treatment;

25

(ii)  parole or other supervised release, including

26

release to a community corrections center or a community

27

contract facility;

28

(iii)  commencement of a sentence of intermediate

29

punishment; or

30

(iv)  any other form of supervised release.

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1

(5)  Set of fingerprints and palm prints of the

2

individual. In order to fulfill the requirements of this

3

paragraph, the palm prints shall be taken for the purpose of

4

submission to the Federal Bureau of Investigation Central

5

Database. The palm prints shall be submitted for entry into

6

the database.

7

(6)  DNA sample of the individual. In order to fulfill

8

the requirements of this paragraph, the sample shall be taken

9

for the purpose of analysis and entry into the Combined DNA

10

Index System (CODIS). In addition, the sample shall be

11

analyzed and submitted for entry into CODIS.

12

(7)  Photocopy of valid driver's license or

13

identification card issued to the individual by the

14

Commonwealth, another jurisdiction or a foreign country.

15

(d)  Cooperation.--The Pennsylvania State Police shall

16

cooperate with State and county correctional institutions, the

17

Pennsylvania Board of Probation and Parole, the county office of

18

probation and parole, any court with jurisdiction over a sexual

19

offender, the chief juvenile probation officer of the court,

20

juvenile probation and parole and the Department of Public

21

Welfare to ensure that the information set forth in subsections

22

(b) and (c) is provided and placed in the registry.

23

§ 9799.17.  Reduction of period of registration.

24

(a)  General rule.--The period of registration set forth in

25

section 9799.15(a)(1) (relating to period of registration) shall

26

be reduced for an individual who was convicted of a sexually

27

violent offense and is required to register for a period of 15

28

years if all of the following apply:

29

(1)  A period of ten years has elapsed since the

30

individual was convicted of the sexually violent offense,

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1

excluding:

2

(i)  Time spent incarcerated in a State or county

3

correctional facility of this Commonwealth or another

4

jurisdiction or foreign country.

5

(ii)  Time spent supervised by the Pennsylvania Board

6

of Probation and Parole or the county office of probation

7

or parole or probation or parole office of another

8

jurisdiction or foreign country.

9

(iii)  Time spent completing a sentence of

10

intermediate punishment or completing another type of

11

supervision, including time spent in a community

12

corrections center or community contract facility of this

13

Commonwealth, another jurisdiction or foreign country.

14

(2)  The individual has not been convicted of a

15

subsequent offense graded as a misdemeanor of the second

16

degree or higher or an offense punishable by more than one

17

year's imprisonment.

18

(3)  The individual has not been convicted of a

19

subsequent sexually violent offense.

20

(4)  The individual successfully completed supervised

21

release, including probation, parole or other form of

22

supervision.

23

(5)  The individual successfully completed treatment

24

provided under section 9718.1 (relating to sexual offender

25

treatment) or treatment recognized by another jurisdiction or

26

foreign country or the United States Attorney General under

27

section 115(b)(1) of the Adam Walsh Child Protection and

28

Safety Act of 2006 (Public Law 109-248, 42 U.S.C. § 16915(b)

29

(1)).

30

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

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1

offender shall have the requirement to register terminated if

2

all of the following apply:

3

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

4

was:

5

(i)  adjudicated delinquent for an offense which, if

6

committed by an adult, would be classified as an offense

7

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

8

(relating to involuntary deviate sexual intercourse) or

9

3125 (relating to aggravated indecent assault) or an

10

attempt, solicitation or conspiracy to commit an offense

11

under 18 Pa.C.S. § 3121, 3123 or 3125, excluding time

12

spent under the supervision of the court, including

13

commitment to an institution or facility set forth in

14

section 6352(a)(3) (relating to deposition of delinquent

15

child); or

16

(ii)  adjudicated delinquent for an offense in

17

another jurisdiction which is similar to that which if

18

committed by an adult in this Commonwealth would be

19

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

20

3125 or an attempt, solicitation or conspiracy to commit

21

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

22

(2)  The individual has not been convicted of a

23

subsequent offense:

24

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

25

higher; or

26

(ii)  which is punishable by a term of imprisonment

27

greater than one year.

28

(3)  The individual successfully completed court-ordered

29

supervision.

30

(4)  The individual successfully completed a treatment

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1

program for sexual offenders recognized by the juvenile court

2

in this Commonwealth or another jurisdiction or the United

3

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

4

Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 

5

16915(b)(1)).

6

(c)  Procedure.--An individual who seeks to reduce the period

7

of registration to ten years pursuant to subsection (a) and an

8

individual who seeks to terminate the obligation to register

9

pursuant to subsection (b) may petition the sentencing court for

10

reduction or termination, as appropriate. The court shall:

11

(1)  Enter an order directing the petitioner be assessed

12

by the board in accordance with section 9799.24 (relating to

13

assessments). The order for assessment shall be sent to the

14

administrative officer of the board within ten days of its

15

entry. No later than 90 days following receipt of such an

16

order, the board shall submit a written report containing its

17

assessment to the sentencing court, district attorney and the

18

attorney for the petitioner.

19

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

20

paragraph (1), the sentencing court shall hold a hearing to

21

determine whether to reduce the period of registration to ten

22

years or to terminate the obligation to register, as

23

appropriate. The petitioner and the district attorney shall

24

be given notice of the hearing and an opportunity to be

25

heard, the right to call witnesses, the right to call expert

26

witnesses and the right to cross-examine witnesses. The

27

petitioner shall have the right to counsel and to have a

28

lawyer appointed if the petitioner cannot afford one.

29

(3)  The sentencing court shall reduce the period of

30

registration to ten years or terminate the obligation to

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1

register, as appropriate, only upon a finding of clear and

2

convincing evidence that allowing the petitioner to reduce

3

the period of registration or to terminate the obligation to

4

register, as appropriate, is not likely to pose a threat to

5

the safety of any other person.

6

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

7

shall notify the Pennsylvania State Police in writing within ten

8

days from the date relief is granted.

9

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

10

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

11

sentencing court taken under this section. An appeal by the

12

Commonwealth shall stay the order of the sentencing court.

13

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

14

individual who:

15

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

16

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

17

is required to register for a period 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 information provided by an

24

individual set forth in section 9799.13 (relating to

25

applicability) under sections 9799.15(g) and (i) (relating to

26

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

27

9799.19 (relating to initial registration) to:

28

(1)  A jurisdiction in which the individual is required

29

to register the individual's residence, employment or

30

enrollment as a student.

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1

(2)  A jurisdiction in which the individual has

2

terminated the individual's residence, employment or

3

enrollment as a student.

4

(3)  The United States Attorney General, the Department

5

of Justice and the United States Marshals Service for

6

inclusion in the National Sex Offender Registry, NCIC and any

7

other database established by such Federal agencies.

8

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

9

individual:

10

(i)  establishes a residence or terminates a

11

residence;

12

(ii)  commences employment or terminates employment;

13

or

14

(iii)  enrolls as a student or terminates enrollment

15

as a student.

16

(5)  The chief law enforcement officer of the police

17

department of the municipality in which the individual:

18

(i)  establishes a residence or terminates a

19

residence;

20

(ii)  commences employment or terminates employment;

21

or

22

(iii)  enrolls as a student or terminates enrollment

23

as a student.

24

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

25

county in which the individual:

26

(i)  establishes a residence or terminates a

27

residence;

28

(ii)  commences employment or terminates employment;

29

or

30

(iii)  enrolls as a student or terminates enrollment

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1

as a student.

2

(b)  When sexual offender fails to appear.--When another

3

jurisdiction notifies this Commonwealth that a sexual offender

4

has terminated his residence, employment or enrollment as a

5

student in that jurisdiction and intends to establish a

6

residence in this Commonwealth, commence employment in this

7

Commonwealth or commence enrollment as a student in this

8

Commonwealth and that sexual offender fails to appear in this

9

Commonwealth to register, the Pennsylvania State Police shall

10

notify the other jurisdiction that the sexual offender failed to

11

appear.

12

(c)  International residence.--The Pennsylvania State Police

13

shall, within three business days, transfer information that a

14

sexual offender intends to establish residence in another

15

country to:

16

(1)  A jurisdiction in which the sexual offender is

17

required to register residence, employment or enrollment as a

18

student.

19

(2)  The United States Marshals Service.

20

(3)  The Department of Justice for inclusion in the

21

National Sex Offender Registry and NCIC.

22

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

23

shall, within three business days, transfer information about

24

international travel provided by the sexual offender under

25

section 9799.15(i) to:

26

(1)  A jurisdiction in which the sexual offender is

27

required to register the sexual offender's residence,

28

employment or enrollment as a student.

29

(2)  The United States Marshals Service.

30

(3)  The Department of Justice for inclusion in the

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1

National Sex Offender Registry and NCIC.

2

(e)  National Child Protection Act agencies.--The

3

Pennsylvania State Police shall, within three business days,

4

transfer such criminal history record information about a sexual

5

offender in the registry necessary to enable an agency

6

responsible for conducting employment-related background checks

7

under section 3 of the National Child Protection Act of 1993

8

(Public Law 103-209, 42 U.S.C. 5119a) to conduct the background

9

checks.

10

§ 9799.19.  Initial registration.

11

(a)  General rule.--An individual set forth in section

12

9799.13 (relating to applicability) shall initially register

13

with the Pennsylvania State Police as set forth in this section.

14

(b)  Initial registration if incarcerated within Commonwealth

15

on effective date of section.--The following apply:

16

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

17

section, incarcerated in a State or county correctional

18

facility, the individual shall provide the information set

19

forth in section 9799.16(b) (relating to registry) to the

20

appropriate official of the State or county correctional

21

facility or the Pennsylvania Board of Probation and Parole

22

for inclusion in the registry before being released due to:

23

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

24

information shall be collected no later than ten days

25

prior to the maximum expiration date;

26

(ii)  parole;

27

(iii)  State or county intermediate punishment where

28

the sentence is restrictive and the individual is

29

sentenced to a period of incarceration in a State or

30

county correctional institution or a work release

- 209 -

 


1

facility; or

2

(iv)  special probation supervised by the

3

Pennsylvania Board of Probation and Parole.

4

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

5

appropriate official of the State or county correctional

6

facility or the Pennsylvania Board of Probation and Parole

7

shall collect and forward the information in section

8

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

9

official shall, in addition, ensure that the information set

10

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

11

Pennsylvania State Police. The information in section

12

9799.16(b) and (c) shall be included in the registry. With

13

respect to individuals released under paragraphs (1)(ii),

14

(iii) or (iv), the State or county correctional facility

15

shall not release the individual until it receives

16

verification from the Pennsylvania State Police that it has

17

received the information set forth in section 9799.16(b) and

18

(c). Verification may take place by electronic means. With

19

respect to individuals released under paragraph (1)(i), if

20

the individual refuses to provide the information set forth

21

in section 9799.16(b), the State or county correctional

22

institution shall notify the Pennsylvania State Police or the

23

municipal police department with jurisdiction over the

24

facility of the failure to provide the information and of the

25

expected date, time and location of the release of the

26

individual.

27

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

28

correctional facility after effective date of section.--If the

29

individual is, after the effective date of this section,

30

sentenced to a period of incarceration in a county or State

- 210 -

 


1

correctional facility, the individual shall provide the

2

information set forth in section 9799.16(b) as follows:

3

(1)  At the time of sentencing, the court shall require

4

the individual to immediately report to the Office of

5

Probation and Parole serving that county to register under

6

this subchapter. The appropriate office of probation and

7

parole shall collect the information set forth in section

8

9799.16(b) from the individual and forward the information to

9

the Pennsylvania State Police. The appropriate office of

10

probation and parole shall, in addition, ensure the

11

information set forth in 9799.16(c) is collected and

12

forwarded to the Pennsylvania State Police. The information

13

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

14

registry.

15

(2)  If the individual is incarcerated in a State

16

correctional facility or county correctional facility, the

17

correctional facility shall notify the Pennsylvania State

18

Police, not more than 30 days in advance of, but not later

19

than ten days prior to, the individual's release from the

20

correctional facility. The following apply:

21

(i)  The correctional facility shall ensure that the

22

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

23

the individual has been submitted to the Pennsylvania

24

State Police.

25

(ii)  If the information has not been submitted to

26

the Pennsylvania State Police, the correctional facility

27

shall collect the information set forth in section

28

9799.16(b) from the individual and forward the

29

information to the Pennsylvania State Police.

30

(iii)  The correctional facility shall also report

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1

any changes to the information set forth in section

2

9799.16(b) and (c) on file with the Pennsylvania State

3

Police.

4

(iv)  In the case of parole, State or county

5

intermediate punishment where the sentence is restrictive

6

and the individual is sentenced to a period of

7

incarceration in a State or county correctional

8

institution or work release facility or special probation

9

supervised by the Pennsylvania Board of Probation and

10

Parole, the correctional facility may not release the

11

individual until the correctional facility receives

12

verification from the Pennsylvania State Police that the

13

Pennsylvania State Police has received the information

14

set forth in section 9799.16(b) and (c). Verification by

15

the Pennsylvania State Police may occur by electronic

16

means.

17

(v)  If the individual is scheduled to be released

18

from a State or county correctional institution due to

19

the expiration of sentence and the individual refuses to

20

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

21

the State or county correctional institution shall notify

22

the Pennsylvania State Police or the municipal police

23

department with jurisdiction over the facility of the

24

failure to provide the information and of the expected

25

date, time and location of the release of the individual.

26

(c)  Initial registration if sentenced to county intermediate

27

punishment on effective date of section.--If the individual is,

28

on the effective date of this section, sentenced to county

29

intermediate punishment which is restorative where the

30

individual is not sentenced to incarceration or to a work

- 212 -

 


1

release facility, the individual shall provide the information

2

set forth in section 9799.16(b) by appearing at an approved

3

registration site within 48 hours of the effective date of this

4

section. The appropriate official of the county office of

5

probation and parole shall ensure that the individual has

6

appeared at an approved registration site as set forth in this

7

subsection. If the individual fails to appear, the appropriate

8

official of the county office of probation and parole shall

9

notify the Pennsylvania State Police. The Pennsylvania State

10

Police shall ensure the information set forth in section

11

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

12

entered in the registry.

13

(d)  Initial registration if sentenced to county intermediate

14

punishment after effective date of section.--If the individual

15

is, after the effective date of this section, sentenced to

16

county intermediate punishment, the following apply:

17

(1)  If the individual is sentenced to county

18

intermediate punishment which is restorative, the individual

19

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

20

by appearing at an approved registration site within 48 hours

21

of being sentenced. The appropriate official of the county

22

office of probation and parole shall ensure that the

23

individual has appeared at an approved registration site as

24

set forth in this paragraph. If the individual fails to

25

appear, the appropriate official of the county office of

26

probation and parole shall notify the Pennsylvania State

27

Police. The Pennsylvania State Police shall ensure the

28

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

29

the individual is collected and entered in the registry.

30

(2)  If the individual is sentenced to county

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1

intermediate punishment which is restrictive where the

2

individual is not sentenced to incarceration or to a work

3

release facility, the individual shall provide the

4

information set forth in section 9799.16(b) by appearing at

5

an approved registration site within 48 hours of being

6

sentenced. The appropriate official of the county office of

7

probation and parole shall ensure that the individual has

8

appeared at an approved registration site as set forth in

9

this paragraph. If the individual fails to appear, the

10

appropriate official of the county office of probation and

11

parole shall notify the Pennsylvania State Police. The

12

Pennsylvania State Police shall ensure the information set

13

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

14

collected and entered in the registry.

15

(e)  Initial registration if sentenced to county probation on

16

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

17

after the effective date of this section, sentenced to county

18

probation, the individual shall provide the information set

19

forth in section 9799.16(b) by appearing at an approved

20

registration site within 48 hours of being sentenced. The

21

appropriate official of the county office of probation and

22

parole shall ensure that the individual has appeared at an

23

approved registration site as set forth in this paragraph. If

24

the individual fails to appear, the appropriate official of the

25

county office of probation and parole shall notify the

26

Pennsylvania State Police. The Pennsylvania State Police shall

27

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

28

respect to the individual is collected and entered in the

29

registry.

30

(f)  Initial registration if being supervised by  

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1

Commonwealth under Interstate Compact for Adult Offender

2

Supervision.--If an individual is in this Commonwealth and is

3

being supervised by the State Board of Probation and Parole or

4

the county office of probation and parole pursuant to the

5

Interstate Compact for Adult Offender Supervision, the following

6

apply:

7

(1)  If the individual is being supervised under the

8

compact after the effective date of this section, the

9

individual shall provide the information set forth in section

10

9799.16(b) to the appropriate official of the State Board of

11

Probation and Parole or the county office of probation and

12

parole for inclusion in the registry. The appropriate

13

official shall collect the information set forth in section

14

9799.16(b) and forward the information to the Pennsylvania

15

State Police. The appropriate official shall, in addition,

16

ensure that the information set forth in section 9799.16(c)

17

is collected and forwarded to the Pennsylvania State Police.

18

If the individual fails to provide the information in section

19

9799.16(b), the appropriate official of the State Board of

20

Probation and Parole or county office of probation and parole

21

shall notify the Pennsylvania State Police.

22

(2)  If the individual is being supervised under the

23

compact on the effective date of this section, the individual

24

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

25

by appearing at an approved registration site within 48 hours

26

of the effective date of this section. The appropriate

27

official of the Pennsylvania Board of Probation and Parole or

28

the county office of probation and parole shall ensure that

29

the individual has appeared at an approved registration site

30

as set forth in this paragraph. If the individual fails to

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1

appear, the appropriate official shall notify the

2

Pennsylvania State Police. The appropriate official shall, in

3

addition, ensure the information set forth in section

4

9799.16(c) is collected and forwarded to the Pennsylvania

5

State Police.

6

(g)  Supervision of individual convicted in Commonwealth who

7

does not intend to reside in Commonwealth.--On or after the

8

effective date of this section, an individual convicted of a

9

sexually violent offense within this Commonwealth who seeks

10

transfer of supervision to another jurisdiction pursuant to the

11

Interstate Compact for Adult Offender Supervision, shall not

12

have supervision transferred to another jurisdiction prior to

13

the individual's registration with the Pennsylvania State Police

14

as set forth in this section.

15

(h)  Initial registration of juvenile offender or sexually

16

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

17

offender or a sexually violent delinquent child, the following

18

apply:

19

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

20

adjudicated delinquent by a court on or after the effective

21

date of this section, the court shall require the individual

22

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

23

the chief juvenile probation officer of the court at the time

24

of disposition under section 6352 (relating to disposition of

25

delinquent child). The chief juvenile probation officer shall

26

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

27

forward it to the Pennsylvania State Police for inclusion in

28

the registry as directed by the Pennsylvania State Police. If

29

the juvenile offender is under court-ordered placement in an

30

institution or facility set forth in section 6352(a)(3), the

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1

institution or facility shall ensure the information provided

2

by the juvenile offender pursuant to section 9799.16(b) is

3

updated to reflect accurate information prior to release. The

4

institution or facility may not release the juvenile offender

5

until it receives verification from the Pennsylvania State

6

Police that the information required under section 9799.16(b)

7

and (c) has been entered in the registry.

8

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

9

section, a juvenile offender and is subject to the

10

jurisdiction of the court pursuant to a disposition entered

11

under section 6352 and is on probation, the individual shall

12

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

13

the chief juvenile probation officer of the court within 30

14

days of the effective date of this section. The chief

15

juvenile probation officer shall collect the information set

16

forth in section 9799.16(b) and (c) and forward it to the

17

Pennsylvania State Police for inclusion in the registry, as

18

directed by the Pennsylvania State Police.

19

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

20

section, 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 court-ordered placement in an

23

institution or facility set forth in section 6352, the

24

director of the institution or facility or a designee shall

25

make the juvenile offender available for and facilitate the

26

collection of the information set forth in section 9799.16(b)

27

and (c) as directed by the Pennsylvania State Police for

28

inclusion in the registry. The Pennsylvania State Police may

29

require the institution or facility to transport the juvenile

30

offender to and from an approved registration site in order

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1

to fulfill the requirement of this paragraph. In order to

2

fulfill the requirements of this paragraph, the chief

3

juvenile probation officer of the court shall, within ten

4

days of the effective date of this section, notify the

5

director of the institution or facility and the Pennsylvania

6

State Police that the juvenile offender is required to

7

register under this subchapter. In addition, the institution

8

or facility shall ensure that the information provided by the

9

juvenile offender pursuant to section 9799.16(b) is updated

10

to reflect accurate information prior to release. The

11

juvenile offender may not be released until the institution

12

or facility receives verification from the Pennsylvania State

13

Police that the information required under section 9799.16(b)

14

and (c) has been entered into the registry.

15

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

16

section, a sexually violent delinquent child and receiving

17

involuntary treatment in the State-owned facility or unit

18

under Chapter 64 (relating to court-ordered involuntary

19

treatment of certain sexually violent persons), the director

20

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

21

violent delinquent child available for and facilitate the

22

collection of the information set forth in section 9799.16(b)

23

and (c) as directed by the Pennsylvania State Police for

24

inclusion in the registry. The Pennsylvania State Police may

25

require the facility or unit to transport the sexually

26

violent delinquent child to and from an approved registration

27

site in order to fulfill the requirement of this paragraph.

28

In addition, the facility or unit shall ensure that the

29

information provided by the sexually violent delinquent child

30

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

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1

information prior to release. The facility or unit may not

2

release the sexually violent delinquent child until it has

3

received verification from the Pennsylvania State Police that

4

it has received the information set forth in section

5

9799.16(b) and (c).

6

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

7

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

8

violent delinquent child and committed for involuntary

9

treatment to the State-owned facility or unit under Chapter

10

64, the following apply:

11

(i)  The court shall require the individual to

12

provide the information set forth in section 9799.16(b)

13

to the chief juvenile probation officer of the court at

14

the time of commitment. The chief juvenile probation

15

officer shall collect and forward the information to the

16

Pennsylvania State Police for inclusion in the registry.

17

The chief juvenile probation officer shall, at the time

18

of commitment, also ensure that the information set forth

19

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

20

Pennsylvania State Police for inclusion in the registry.

21

The Pennsylvania State Police may require the facility or

22

unit to transport the sexually violent delinquent child

23

to and from an approved registration site in order to

24

fulfill the requirement of initial registration at the

25

time of commitment.

26

(ii)  The facility or unit shall ensure that the

27

information provided by the sexually violent delinquent

28

child pursuant to section 9799.16(b) is updated to

29

reflect accurate information prior to transfer to

30

involuntary outpatient treatment pursuant to section

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1

6404.1 (relating to transfer to involuntary outpatient

2

treatment) or discharge. The court may not discharge the

3

sexually violent delinquent child from the facility or

4

unit until it has received verification from the

5

Pennsylvania State Police that the information required

6

under section 9799.16(b) and (c) has been entered in the

7

registry.

8

(i)  Initial registration if convicted outside

9

Commonwealth.--If the individual is, on or after the effective

10

date of this section, convicted of a sexually violent offense in

11

another jurisdiction or a foreign country or of a comparable

12

military offense, the individual shall appear in person at an

13

approved registration site to provide the information set forth

14

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

15

three business days of establishing residence, commencing

16

employment or commencing enrollment as a student within this

17

Commonwealth. In addition, the individual shall comply with the

18

other provisions of this subchapter, including section 9799.15

19

(relating to period of registration). If the individual fails to

20

establish a residence but nevertheless resides in this

21

Commonwealth, the individual shall register as a transient. The

22

Pennsylvania State Police shall ensure that the information set

23

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

24

collected and entered in the registry.

25

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

26

was required to register under this subchapter before the

27

effective date of this section and has not fulfilled the period

28

of registration, the individual shall appear at an approved

29

registration site to provide the information set forth in

30

section 9799.16(b) to the Pennsylvania State Police within 90

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1

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

2

individual shall comply with the other provisions of this

3

subchapter, including section 9799.15. If the individual fails

4

to establish a residence, the individual shall register as a

5

transient. The Pennsylvania State Police shall ensure that the

6

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

7

individual is collected and entered in the registry.

8

§ 9799.20.  Duty to inform.

9

In order to implement the provisions of section 9799.19

10

(relating to initial registration), the Pennsylvania State

11

Police, the court having jurisdiction over the sexual offender,

12

the chief juvenile probation officer of the court and the

13

appropriate official of the Pennsylvania Board of Probation and

14

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

15

Public Welfare or a State or county correctional institution

16

shall:

17

(1)  Inform the individual required to register of the

18

individual's duties under this subchapter.

19

(2)  Require the individual to read and sign a form

20

stating that the duty to register has been explained and that

21

the individual understands the registration requirement.

22

(3)  Collect the information required under section

23

9799.16 (b) and (c) (relating to registry) and forward the

24

information to the Pennsylvania State Police for inclusion in

25

the registry as set forth in this subchapter.

26

§ 9799.21.  Penalty.

27

An individual set forth in section 9799.13 (relating to

28

applicability) may be subject to prosecution under 18 Pa.C.S. §

29

4915.1 (relating to failure to comply with registration of

30

sexual offenders requirements) if the individual fails to:

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1

(1)  register with the Pennsylvania State Police as set

2

forth in section 9799.15 (relating to period of

3

registration), 9799.19 (relating to initial registration) or

4

9799.25 (relating to verification by sexual offenders and

5

Pennsylvania State Police);

6

(2)  verify the information provided by the individual or

7

be photographed as provided in sections 9799.15, 9799.19 and

8

9799.25; or

9

(3)  provide accurate information when registering under

10

sections 9799.15, 9799.19 and 9799.25.

11

§ 9799.22.  Enforcement.

12

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

13

section 9799.13 (relating to applicability) fails to comply with

14

section 9799.21(1), (2) or (3) (relating to penalty), the

15

Pennsylvania State Police shall:

16

(1)  locate and arrest the individual for violating this

17

section; or

18

(2)  notify the municipal police department where the

19

individual has a residence, is employed or is enrolled as a

20

student. The municipal police shall locate and arrest the

21

individual for violating this section. In municipalities

22

where no municipal police department exists, the Pennsylvania

23

State Police shall proceed under paragraph (1).

24

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

25

individual cannot be located, the Pennsylvania State Police

26

shall:

27

(1)  Enter information on the Internet website of sexual

28

offenders and in the registry indicating that the individual

29

cannot be located.

30

(2)  Provide information to the National Sex Offender

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1

Registry and NCIC to reflect that the individual cannot be

2

located.

3

(3)  Notify the United States Marshals Service.

4

(4)  In cooperation with the district attorney, seek

5

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

6

warrant is issued pursuant to this paragraph, the

7

Pennsylvania State Police shall provide information to the

8

National Crime Information Center Wanted Person File to

9

reflect that a warrant has been issued for the individual's

10

arrest.

11

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

12

jurisdiction notifies the Commonwealth that a sexual offender

13

has terminated residence, employment or enrollment as a student

14

in that jurisdiction and intends to establish a residence in

15

this Commonwealth, commence employment in this Commonwealth or

16

commence enrollment as a student in this Commonwealth, and that

17

sexual offender fails to appear in this Commonwealth to register

18

as provided in section 9799.15 (relating to period of

19

registration), the Pennsylvania State Police shall notify the

20

other jurisdiction that the sexual offender failed to appear.

21

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

22

implement the provisions of section 9799.15 and section 9799.19

23

(relating to initial registration), the court with jurisdiction

24

over the sexual offender, the chief juvenile probation officer

25

of the court and the appropriate official of the Pennsylvania

26

Board of Probation and Parole, the county office of probation

27

and parole, the Department of Public Welfare or a State or

28

county correctional institution shall inform the Pennsylvania

29

State Police if the individual refuses to provide the

30

information required. The Pennsylvania State Police shall locate

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1

and arrest the individual for a violation of 18 Pa.C.S. § 4915.1

2

(relating to failure to comply with registration of sexual

3

offenders requirements).

4

§ 9799.23.  Court notification and classification requirements.

5

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

6

or disposition, in the case of a juvenile offender or sexually

7

violent delinquent child, the court shall inform the sexual

8

offender of the provisions of this subchapter. The court shall:

9

(1)  Specifically inform the sexual offender of the duty

10

to register under this subchapter.

11

(2)  Specifically inform the sexual offender of the duty

12

to register in accordance with sections 9799.15 (relating to

13

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

14

9799.19 (relating to initial registration) and 9799.25

15

(relating to verification by sexual offenders and

16

Pennsylvania State Police).

17

(3)  Specifically inform the sexual offender of the duty

18

to register with authorities in another jurisdiction within

19

three business days of:

20

(i)  Commencement of residence, change of residence,

21

termination of residence or failure to maintain a

22

residence, thus making the sexual offender a transient.

23

(ii)  Commencement of employment, a change in the

24

location or entity in which the sexual offender is

25

employed or termination of employment.

26

(iii)  Commencement of enrollment as a student, a

27

change in enrollment as a student or termination of

28

enrollment as a student.

29

(4)  In accordance with section 9799.16(c), order that

30

the fingerprints, palm prints, DNA sample and photograph of

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1

the sexual offender be provided to the Pennsylvania State

2

Police upon sentencing.

3

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

4

stating that the duty to register under this subchapter has

5

been explained. If the sexual offender is incapable of

6

speaking, reading or writing the English language, the court

7

shall certify the duty to register was explained to the

8

sexual offender, and the sexual offender indicated an

9

understanding of the duty.

10

(6)  Specifically classify the individual as one of the

11

following:

12

(i)  An individual convicted of a Tier I offense.

13

(ii)  An individual convicted of a Tier II offense.

14

(iii)  An individual convicted of a Tier III offense.

15

(iv)  A sexually violent predator.

16

(v)  A juvenile offender.

17

(vi)  A sexually violent delinquent child.

18

(b)  Mandatory registration.--All sexual offenders must

19

register in accordance with this subchapter. The following

20

apply:

21

(1)  Failure by the court to provide the information

22

required in this section, to correctly inform a sexual

23

offender of the sexual offender's obligations or to require a

24

sexual offender to register shall not relieve the sexual

25

offender from the requirements of this subchapter.

26

(2)  Except as provided in section 9799.17 (relating to

27

reduction of period of registration), the court shall have no

28

authority to relieve a sexual offender from the duty to

29

register under this subchapter or to modify the requirements

30

of this subchapter as they relate to the sexual offender.

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1

§ 9799.24.  Assessments.

2

(a)  Order for assessment.--After conviction but before

3

sentencing, a court shall order an individual convicted of a

4

sexually violent offense to be assessed by the board. The order

5

for an assessment shall be sent to the administrative officer of

6

the board within ten days of the date of conviction for the

7

sexually violent offense.

8

(b)  Assessment.--Upon receipt from the court of an order for

9

an assessment, a member of the board as designated by the

10

administrative officer of the board shall conduct an assessment

11

of the individual to determine if the individual should be

12

classified as a sexually violent predator. The board shall

13

establish standards for evaluations and for evaluators

14

conducting the assessments. An assessment shall include, but not

15

be limited to, an examination of the following:

16

(1)  Facts of the current offense, including:

17

(i)  Whether the offense involved multiple victims.

18

(ii)  Whether the individual exceeded the means

19

necessary to achieve the offense.

20

(iii)  The nature of the sexual contact with the

21

victim.

22

(iv)  Relationship of the individual to the victim.

23

(v)  Age of the victim.

24

(vi)  Whether the offense included a display of

25

unusual cruelty by the individual during the commission

26

of the crime.

27

(vii)  The mental capacity of the victim.

28

(2)  Prior offense history, including:

29

(i)  The individual's prior criminal record.

30

(ii)  Whether the individual completed any prior

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1

sentences.

2

(iii)  Whether the individual participated in

3

available programs for sexual offenders.

4

(3)  Characteristics of the individual, including:

5

(i)  Age.

6

(ii)  Use of illegal drugs.

7

(iii)  Any mental illness, mental disability or

8

mental abnormality.

9

(iv)  Behavioral characteristics that contribute to

10

the individual's conduct.

11

(4)  Factors that are supported in a sexual offender

12

assessment field as criteria reasonably related to the risk

13

of reoffense.

14

(c)  Release of information.--All State, county and local

15

agencies, offices and entities in this Commonwealth, including

16

juvenile probation officers, shall cooperate by providing copies

17

of records and information as requested by the board in

18

connection with the court-ordered assessment and the assessment

19

requested by the Pennsylvania Board of Probation and Parole or

20

the assessment of a delinquent child under section 6358

21

(relating to assessment of delinquent children by the State

22

Sexual Offenders Assessment Board).

23

(d)  Submission of report by board.--The board shall have 90

24

days from the date of conviction of the individual to submit a

25

written report containing its assessment to the district

26

attorney.

27

(d.1)  Summary of offense.--The board shall prepare a

28

description of the offense or offenses that trigger the

29

application of this subchapter to include, but not be limited

30

to:

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1

(1)  A concise narrative of the individual's conduct.

2

(2)  Whether the victim was a minor.

3

(3)  The manner of weapon or physical force used or

4

threatened.

5

(4)  If the offense involved unauthorized entry into a

6

room or vehicle occupied by the victim.

7

(5)  If the offense was part of a course or pattern of

8

conduct involving multiple incidents or victims.

9

(6)  Previous instances in which the individual was

10

determined guilty of an offense subject to this subchapter or

11

of a crime of violence as defined in section 9714(g)

12

(relating to sentences for second and subsequent offenses).

13

(e)  Hearing.--

14

(1)  A hearing to determine whether the individual is a

15

sexually violent predator shall be scheduled upon the

16

praecipe filed by the district attorney. The district

17

attorney upon filing a praecipe shall serve a copy of the

18

praecipe upon defense counsel together with a copy of the

19

report of the board.

20

(2)  The individual and district attorney shall be given

21

notice of the hearing and an opportunity to be heard, the

22

right to call witnesses, the right to call expert witnesses

23

and the right to cross-examine witnesses. In addition, the

24

individual shall have the right to counsel and to have an

25

attorney appointed to represent the individual if the

26

individual cannot afford one. If the individual requests

27

another expert assessment, the individual shall provide a

28

copy of the expert assessment to the district attorney prior

29

to the hearing.

30

(3)  At the hearing prior to sentencing, the court shall

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1

determine whether the Commonwealth has proved by clear and

2

convincing evidence that the individual is a sexually violent

3

predator.

4

(4)  A copy of the order containing the determination of

5

the court shall be immediately submitted to the individual,

6

the district attorney, the Pennsylvania Board of Probation

7

and Parole, the Department of Corrections, the board and the

8

Pennsylvania State Police.

9

(f)  Presentence investigation.--In all cases where the board

10

has performed an assessment under this section, copies of the

11

report shall be provided to the agency preparing the presentence

12

investigation.

13

(g)  Parole assessment.--The Pennsylvania Board of Probation

14

and Parole may request of the board that an assessment of a

15

sexual offender be conducted and that a report be provided to

16

the Pennsylvania Board of Probation and Parole prior to

17

considering a sexual offender for parole.

18

(h)  Delinquent children.--The probation officer shall notify

19

the board 90 days prior to the 20th birthday of the child of the

20

status of the delinquent child who is committed to an

21

institution or other facility pursuant to section 6352 (relating

22

to disposition of delinquent child) after having been found

23

delinquent for an act of sexual violence that if committed by an

24

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

25

rape), 3123 (relating to involuntary deviate sexual

26

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

27

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

28

indecent assault) or 4302 (relating to incest), together with

29

the location of the facility where the child is committed. The

30

board shall conduct an assessment of the child, which shall

- 229 -

 


1

include the board's determination of whether or not the child is

2

in need of commitment due to a mental abnormality as defined in

3

section 6402 (relating to definitions) or a personality

4

disorder, either of which results in serious difficulty in

5

controlling sexually violent behavior, and provide a report to

6

the court within the time frames set forth in section 6358(c).

7

The probation officer shall assist the board in obtaining access

8

to the child and any records or information as requested by the

9

board in connection with the assessment. The assessment shall be

10

conducted under subsection (b).

11

(i)  Other assessments.--Upon receipt from the court of an

12

order for an assessment under section 9799.17 (relating to 

13

reduction of period of registration), a member of the board as

14

designated by the administrative officer of the board shall

15

conduct an assessment of the individual to determine if the

16

relief sought, if granted, is likely to pose a threat to the

17

safety of any other person. The board shall establish standards

18

for evaluations and for evaluators conducting these assessments.

19

§ 9799.25.  Verification by sexual offenders and Pennsylvania

20

State Police.

21

(a)  Periodic verification.--Except for initial registration

22

as provided in section 9799.19 (relating to initial

23

registration) and in accordance with section 9799.15(a)

24

(relating to period of registration), sexual offenders shall

25

verify the information provided in section 9799.16(b) (relating

26

to registry) and be photographed as follows:

27

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

28

shall appear in person at an approved registration site once

29

per calendar year.

30

(2)  An individual convicted of a Tier II sexual offense

- 230 -

 


1

shall appear in person at an approved registration site every

2

180 days.

3

(3)  An individual convicted of a Tier III sexual offense

4

shall appear in person at an approved registration site every

5

90 days.

6

(4)  An individual designated as a sexually violent

7

predator shall appear in person at an approved registration

8

site every 90 days.

9

(5)  A juvenile offender shall appear in person at an

10

approved registration site every 90 days.

11

(6)  A sexually violent delinquent child shall appear in

12

person at an approved registration site every 90 days.

13

(7)  A transient shall appear in person at an approved

14

registration site every 30 days.

15

(b)  Deadline.--The following apply:

16

(1)  A sexual offender shall appear as required under

17

subsection (a) within ten days of the date designated by the

18

Pennsylvania State Police. Failure to appear within ten days

19

may subject the sexual offender to prosecution under 18

20

Pa.C.S. § 4915.1 (relating to failure to comply with

21

registration of sexual offenders requirements).

22

(2)  In the case of a sexual offender who fails to appear

23

as required under this section, the Pennsylvania State Police

24

shall notify the municipal police department where the sexual

25

offender has a residence, is employed or is enrolled as a

26

student. The municipal police shall locate the sexual

27

offender and arrest the sexual offender for violating this

28

section. A municipal police department may request assistance

29

locating or arresting a sexual offender from the Pennsylvania

30

State Police. In municipalities where no municipal police

- 231 -

 


1

department exists, the Pennsylvania State Police shall locate

2

the offender and arrest the sexual offender for violating

3

this section.

4

(3)  In the case of a sexual offender who fails to appear

5

as required under this section, the Pennsylvania State Police

6

shall notify the United States Marshals Service in accordance

7

with section 9799.22(b)(3) (relating to enforcement).

8

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

9

Police shall administer and facilitate the process of

10

verification of information, including compliance with

11

counseling in the case of sexually violent predators, and

12

photographing the sexual offender by:

13

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

14

to each sexual offender at the offender's last reported

15

residence or location, including a post office box. The

16

notice shall be sent not more than 30 days nor less than 15

17

days prior to the date a sexual offender is required to

18

appear pursuant to subsection (a). The notice shall remind

19

the sexual offender of the sexual offender's responsibilities

20

under this subchapter, including counseling in the case of

21

sexually violent predators, and provide a list of approved

22

registration sites.

23

(2)  Providing verification and compliance forms as

24

necessary at each approved registration site.

25

(d)  Effect of notice.--Failure to send or receive notice of

26

information under this section shall not relieve the sexual

27

offender from the requirements of this subchapter.

28

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

29

or other event requiring evacuation of residences shall not

30

relieve the sexual offender of the duty to register or any other

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1

duty imposed by this subchapter.

2

§ 9799.26.  Victim notification.

3

(a)  Duty to inform victim.--

4

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

5

violent predator or a sexually violent delinquent child, the

6

municipal police department or the Pennsylvania State Police,

7

if no municipal police jurisdiction exists, shall give

8

written notice to the victim when the sexually violent

9

predator or the sexually violent delinquent child registers

10

initially under section 9799.19 (relating to initial

11

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

12

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

13

given within 72 hours after the sexually violent predator or

14

the sexually violent delinquent child registers or notifies

15

the Pennsylvania State Police of current information under

16

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

17

information about the sexually violent predator or sexually

18

violent delinquent child:

19

(i)  Name.

20

(ii)  Residence. This subparagraph includes whether

21

the sexually violent predator or sexually violent

22

delinquent child is a transient, in which case the notice

23

shall contain information about the transient's temporary

24

habitat or other temporary place of abode or dwelling,

25

including a homeless shelter or park. In addition, the

26

notice shall contain a list of places the transient eats,

27

frequents and engages in leisure activities.

28

(iii)  The address of employment.

29

(iv)  The address where the sexually violent predator

30

or sexually violent delinquent child is enrolled as a

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1

student.

2

(2)  A victim may terminate the duty to inform set forth

3

in paragraph (1) by providing the local municipal police

4

department or the Pennsylvania State Police, if no local

5

municipal police department exists, with a written statement

6

releasing that agency from the duty to comply with this

7

section as it pertains to that victim.

8

(b)  Individual not determined to be sexually violent

9

predator or sexually violent delinquent child.--If an individual

10

is not determined to be a sexually violent predator or a

11

sexually violent delinquent child, the victim shall be notified

12

in accordance with section 201 of the act of November 24, 1998

13

(P.L.882, No.111), known as the Crime Victims Act.

14

(c)  Electronic notification option.--In addition to

15

subsections (a) and (b), the Pennsylvania State Police shall

16

develop and implement a system that allows a victim to receive

17

electronic notification instead of the notification in

18

subsections (a) and (b) when a sexual offender provides current

19

information to the Pennsylvania State Police under subsection

20

(a).

21

§ 9799.27.  Other notification.

22

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

23

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

24

to criminal history record information), the chief law

25

enforcement officer of the police department of the municipality

26

where a sexually violent predator or sexually violent delinquent

27

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

28

sexually violent delinquent child failing to establish a

29

residence and being a transient, the chief law enforcement

30

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

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1

habitat, shall be responsible for providing written notice as

2

required under this section. The notice shall contain:

3

(1)  The name of the individual.

4

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

5

the individual is a transient, written notice under this

6

paragraph shall consist of information about the transient's

7

temporary habitat or other temporary place of abode or

8

dwelling, including a homeless shelter or park and a list of

9

the places the transient eats, frequents and engages in

10

leisure activities.

11

(3)  The offense for which the individual was convicted,

12

sentenced by a court, adjudicated delinquent or court

13

martialed.

14

(4)  A statement that the individual has been determined

15

to be a sexually violent predator or sexually violent

16

delinquent child, which determination has or has not been

17

terminated as of a date certain.

18

(5)  A photograph of the sexually violent predator or

19

sexually violent delinquent child.

20

The notice shall not include any information that might reveal

21

the victim's name, identity and residence.

22

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

23

enforcement officer shall provide written notice under

24

subsection (a) to the following persons:

25

(1)  Neighbors of the sexually violent predator or

26

sexually violent delinquent child. As used in this paragraph:

27

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

28

sexually violent delinquent child being a transient,

29

"neighbor" includes residents in the area of the

30

transient's last known temporary habitat or other

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1

temporary place of abode or dwelling, including a

2

homeless shelter or park.

3

(ii)  Where the sexually violent predator lives in a

4

common interest community, the term "neighbor" includes

5

the unit owners' association and residents of the common

6

interest community.

7

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

8

of the county where the sexually violent predator or sexually

9

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

10

sexually violent predator or sexually violent delinquent

11

child failing to establish a residence and being a transient,

12

the director of the county children and youth agency of the

13

county of the sexually violent predator's or sexually violent

14

delinquent child's last known temporary habitat or other

15

temporary place of abode or dwelling, including a homeless

16

shelter or park.

17

(3)  The superintendent of each school district and the

18

equivalent official for each private and parochial school

19

enrolling students up through grade 12 in the municipality

20

where the sexually violent predator or sexually violent

21

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

22

sexually violent predator or sexually violent delinquent

23

child failing to establish a residence and being a transient,

24

the superintendent of each school district and the equivalent

25

official for private and parochial schools enrolling students

26

up through grade 12 in the municipality 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 a homeless shelter or park.

30

(4)  The superintendent of each school district and the

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1

equivalent official for each private and parochial school

2

located within a one-mile radius of where the sexually

3

violent predator or sexually violent delinquent child has a

4

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

5

sexually violent delinquent child failing to establish a

6

residence and being a transient, the superintendent of each

7

school district and the equivalent official for each private

8

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

9

violent predator's or sexually violent delinquent child's

10

last known temporary habitat or other temporary place of

11

abode or dwelling, including a homeless shelter or park.

12

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

13

licensed preschool program and owner or operator of each

14

registered family day-care home in the municipality where the

15

sexually violent predator or sexually violent delinquent

16

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

17

predator or sexually violent delinquent child failing to

18

establish a residence and being a transient, the licensee of

19

each certified day-care center and licensed preschool program

20

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

21

in the municipality of the sexually violent predator's or

22

sexually violent delinquent child's last known temporary

23

habitat or other temporary place of abode or dwelling,

24

including a homeless shelter or park.

25

(6)  The president of each college, university and

26

community college located within 1,000 feet of where the

27

sexually violent predator or sexually violent delinquent

28

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

29

predator or sexually violent delinquent child failing to

30

establish a residence and being a transient, the president of

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1

each college, university and community college located within

2

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

3

violent delinquent child's last known temporary habitat or

4

other temporary place of abode or dwelling, including a

5

homeless shelter or park.

6

(c)  Notification time frames.--The municipal police

7

department's chief law enforcement officer shall provide notice

8

within the following time frames:

9

(1)  To neighbors, notice shall be provided within five

10

days after information of the sexually violent predator's or

11

sexually violent delinquent child's release date and

12

residence has been received by the chief law enforcement

13

officer. Notwithstanding the provisions of subsections (a)

14

and (b), verbal notification may be used if written

15

notification would delay meeting the requirement of this

16

paragraph.

17

(2)  To the persons specified in subsection (b)(2), (3),

18

(4), (5) and (6), notice shall be provided within seven days

19

after the chief law enforcement officer receives information

20

regarding the sexually violent predator's or sexually violent

21

delinquent child's release date and residence.

22

(d)  Public notice.--Information provided in accordance with

23

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

24

request. The information may be provided by electronic means.

25

§ 9799.28.  Public Internet website.

26

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

27

Pennsylvania State Police shall, in the manner and form directed

28

by the Governor:

29

(1)  Develop and maintain a system for making information

30

about individuals convicted of a sexually violent offense,

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1

sexually violent predators and sexually violent delinquent

2

children publicly available by electronic means via an

3

Internet website. In order to fulfill its duties under this

4

section, the Pennsylvania State Police shall ensure that the

5

Internet website:

6

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

7

public to obtain relevant information for an individual

8

convicted of a sexually violent offense, a sexually

9

violent predator or a sexually violent delinquent child

10

by a single query for any given zip code or geographic

11

radius set by the user.

12

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

13

public to receive electronic notification when an

14

individual convicted of a sexually violent offense,

15

sexually violent predator or sexually violent delinquent

16

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

17

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

18

to a geographic area chosen by the user.

19

(iii)  Includes in its design all field search

20

capabilities needed for full participation in the Dru

21

Sjodin National Sex Offender Public Website. The

22

Pennsylvania State Police shall ensure that the website

23

is able to participate in the Dru Sjodin National Sex

24

Offender Public Website as the United States Attorney

25

General may direct.

26

(iv)  Is updated within three business days with the

27

information required.

28

(2)  Include on the Internet website the following:

29

(i)  Instructions on how to seek correction of

30

information that an individual contends is erroneous.

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1

(ii)  A warning that the information on the Internet

2

website should not be used to unlawfully injure, harass

3

or commit a crime against an individual convicted of a

4

sexually violent offense, a sexually violent predator or

5

a sexually violent delinquent child and that any such

6

action could result in criminal or civil penalties.

7

(3)  Include on the Internet website an explanation of

8

its limitations, including statements advising that:

9

(i)  A positive identification of an individual

10

convicted of a sexually violent offense, sexually violent

11

predator or sexually violent delinquent child may be

12

confirmed only by fingerprints.

13

(ii)  Some information contained on the Internet

14

website may be outdated or inaccurate.

15

(iii)  The Internet website is not a comprehensive

16

listing of every person who has ever committed a sexual

17

offense in Pennsylvania.

18

(4)  Strive to ensure that the information contained on

19

the Internet website is accurate and that the data therein is

20

revised and updated as provided in paragraph (1)(iv).

21

(5)  Provide on the Internet website general information

22

designed to inform and educate the public about sexual

23

offenders and the operation of this subchapter as well as

24

pertinent and appropriate information concerning crime

25

prevention and personal safety, with appropriate links to

26

other relevant Internet websites operated by the

27

Commonwealth.

28

(b)  Required information.--Notwithstanding Chapter 63

29

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

30

to criminal history record information), the Internet website

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1

shall contain the following information regarding an individual

2

convicted of a sexually violent offense, a sexually violent

3

predator or a sexually violent delinquent child:

4

(1)  Name and aliases.

5

(2)  Year of birth.

6

(3)  Street address, city, county and zip code of

7

residences and intended residences. In the case of an

8

individual convicted of a sexually violent offense, a

9

sexually violent predator or a sexually violent delinquent

10

child who fails to establish a residence and is therefore a

11

transient, the Internet website shall contain information

12

about the transient's temporary habitat or other temporary

13

place of abode or dwelling, including a homeless shelter or

14

park. In addition, the Internet website shall contain a list

15

of places the transient eats, frequents and engages in

16

leisure activities.

17

(4)  Street address, city, county and zip code of any

18

location at which an individual convicted of a sexually

19

violent offense, a sexually violent predator or a sexually

20

violent delinquent child is enrolled as a student.

21

(5)  Street address, city, county and zip code of a fixed

22

location where an individual convicted of a sexually violent

23

offense, a sexually violent predator or a sexually violent

24

delinquent child is employed. If an individual convicted of a

25

sexually violent offense, a sexually violent predator or a

26

sexually violent delinquent child is not employed at a fixed

27

address, the information shall include general travel routes

28

and general areas of work.

29

(6)  Current photograph of an individual convicted of a

30

sexually violent offense, a sexually violent predator or a

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1

sexually violent delinquent child.

2

(7)  Physical description of an individual convicted of a

3

sexually violent offense, a sexually violent predator or a

4

sexually violent delinquent child.

5

(8)  License plate number and a description of a vehicle

6

owned or operated by an individual convicted of a sexually

7

violent offense, a sexually violent predator or a sexually

8

violent delinquent child.

9

(9)  The sexually violent offense for which an individual

10

convicted of a sexually violent offense, a sexually violent

11

predator or a sexually violent delinquent child is registered

12

under this subchapter.

13

(10)  A statement whether an individual convicted of a

14

sexually violent offense, a sexually violent predator or a

15

sexually violent delinquent child is in compliance with

16

registration.

17

(11)  A statement whether the victim is a minor.

18

(c)  Prohibited information.--The public Internet website

19

established under this section shall not contain:

20

(1)  The identity of any victim.

21

(2)  The Social Security number of an individual

22

convicted of a sexually violent offense, a sexually violent

23

predator or a sexually violent delinquent child.

24

(3)  Any information relating to arrests of an individual

25

convicted of a sexually violent offense, a sexually violent

26

predator or a sexually violent delinquent child that did not

27

result in conviction.

28

(4)  Travel and immigration document numbers.

29

(d)  (Reserved).

30

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

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1

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

2

unless:

3

(1)  An individual convicted of a sexually violent

4

offense and who is required to register for a period of 15

5

years is granted relief under section 9799.17 (relating to

6

reduction of period of registration).

7

(2)  An individual convicted of a sexually violent

8

offense, a sexually violent predator or a sexually violent

9

delinquent child is deceased, in which case the Internet

10

website shall contain a notice of the death.

11

(3)  An individual convicted of a sexually violent

12

offense, a sexually violent predator or a sexually violent

13

delinquent child has terminated residence, has terminated

14

employment or has terminated enrollment as a student within

15

this Commonwealth, in which case the Internet website shall

16

contain a notice indicating such information.

17

§ 9799.29.  Administration.

18

The Governor shall direct the Pennsylvania State Police, the

19

Pennsylvania Board of Probation and Parole, the board, the

20

Department of Corrections, the Department of Transportation and

21

any other agency of the Commonwealth that the Governor deems

22

necessary to collaboratively design, develop and implement an

23

integrated and secure system of communication, storage and

24

retrieval of information to assure the timely, accurate and

25

efficient administration of this subchapter.

26

§ 9799.30.  Global positioning system technology.

27

The Pennsylvania Board of Probation and Parole and county

28

probation authorities may impose supervision conditions that

29

include tracking through global positioning system technology.

30

§ 9799.31.  Immunity for good faith conduct.

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1

The following entities shall be immune from liability for

2

good faith conduct under this subchapter:

3

(1)  Agents and employees of the Pennsylvania State

4

Police and local law enforcement agencies.

5

(2)  District attorneys and their agents and employees.

6

(3)  Superintendents, administrators, teachers, employees

7

and volunteers engaged in the supervision of children of any

8

public, private or parochial school.

9

(4)  Directors and employees of county children and youth

10

agencies.

11

(5)  Presidents or similar officers of universities and

12

colleges, including community colleges.

13

(6)  The Pennsylvania Board of Probation and Parole and

14

its agents and employees.

15

(7)  County probation and parole offices and their agents

16

and employees.

17

(8)  Licensees of certified day-care centers and

18

directors of licensed preschool programs and owners and

19

operators of registered family day-care homes and their

20

agents and employees.

21

(9)  The Department of Corrections and its agents and

22

employees.

23

(10)  County correctional facilities and their agents and

24

employees.

25

(11)  The board and its members, agents and employees.

26

(12)  Juvenile probation offices and their agents and

27

employees.

28

(13)  The Department of Public Welfare and its agents and

29

employees.

30

(14)  Institutions or facilities set forth in section

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1

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

2

their agents and employees.

3

(15)  The unit owners' association of a common interest

4

community and its agents and employees as it relates to

5

distributing information regarding section 9799.27(b)(1)

6

(relating to other notification).

7

§ 9799.32.  Pennsylvania State Police.

8

The Pennsylvania State Police have the following duties:

9

(1)  To create and maintain the Statewide registry of

10

sexual offenders in conformity with the provisions of this

11

subchapter.

12

(2)  In consultation with the Department of Corrections,

13

the Office of Attorney General, the Juvenile Court Judges'

14

Commission, the Administrative Office of Pennsylvania Courts,

15

the Pennsylvania Board of Probation and Parole and the

16

chairman and minority chairman of the Judiciary Committee of

17

the Senate and the chairman and minority chairman of the

18

Judiciary Committee of the House of Representatives, to

19

promulgate guidelines necessary for the general

20

administration of this subchapter. These guidelines shall

21

establish procedures to allow an individual subject to the

22

requirements of this subchapter, including a transient, to

23

fulfill these requirements at approved registration sites

24

throughout this Commonwealth. The Pennsylvania State Police

25

shall publish a list of approved registration sites in the

26

Pennsylvania Bulletin and provide a list of approved

27

registration sites in any notice sent to individuals required

28

to register under this subchapter. An approved registration

29

site shall be capable of submitting fingerprints, palm

30

prints, DNA samples and any other information required

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1

electronically to the Pennsylvania State Police. The

2

Pennsylvania State Police shall require that approved

3

registration sites submit fingerprints utilizing the

4

Integrated Automated Fingerprint Identification System or in

5

another manner and in such form as the Pennsylvania State

6

Police shall require. Approved registration sites shall not

7

be limited to sites managed by the Pennsylvania State Police

8

and shall include sites managed by local law enforcement

9

agencies that meet the criteria for approved registration

10

sites set forth in this paragraph.

11

(3)  To write regulations regarding neighbor notification

12

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

13

(4)  Within three business days, to transfer information

14

as set forth in section 9799.18 (relating to information

15

sharing).

16

(5)  To enforce the provisions of this subchapter as set

17

forth in section 9799.22 (relating to enforcement).

18

(6)  To facilitate verification of information from

19

individuals required to register under this subchapter as

20

provided in section 9799.25 (relating to verification by

21

sexual offenders and Pennsylvania State Police).

22

(7)  In consultation with the Department of Education and

23

the Pennsylvania Board of Probation and Parole, to promulgate

24

guidelines directing licensed day-care centers, licensed

25

preschool programs, schools, universities and colleges,

26

including community colleges, on the proper use and

27

administration of information received under section 9799.27.

28

(8)  In consultation with the Department of Corrections

29

and the Pennsylvania Board of Probation and Parole, to

30

promulgate guidelines directing State and county correctional

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1

facilities and State and county probation and parole offices

2

regarding the completion of information, including the taking

3

of photographs, required by sexual offenders under this

4

subchapter.

5

(9)  In consultation with the Administrative Office of

6

Pennsylvania Courts, the Department of Public Welfare and the

7

Juvenile Court Judges' Commission, to promulgate guidelines

8

regarding the completion of information required by juvenile

9

offenders and sexually violent delinquent children under this

10

subchapter.

11

§ 9799.33.  Duties of probation and parole officials.

12

(a)  Duties.--The Pennsylvania Board of Probation and Parole,

13

the county office of probation and parole and the chief juvenile

14

probation officer of the court shall:

15

(1)  Perform their respective duties set forth for the

16

Pennsylvania Board of Probation and Parole, the county office

17

of probation and parole and the chief juvenile probation

18

officer of the court in accordance with section 9799.19

19

(relating to initial registration).

20

(2)  On a form prescribed by the Pennsylvania State

21

Police, notify the Pennsylvania State Police each time a

22

sexual offender is arrested, recommitted to a State or county

23

correctional institution for a parole violation or

24

incarcerated.

25

(b)  Notification form.--The Pennsylvania Board of Probation

26

and Parole shall create a notification form which will inform

27

State and county prison and probation and parole personnel how

28

to inform sexual offenders of their duties under this

29

subchapter. In addition, the Pennsylvania Board of Probation and

30

Parole shall apply for Federal funding as provided in the Adam

- 247 -

 


1

Walsh Child Protection and Safety Act of 2006 (Public Law

2

109-248, 120 Stat. 597) to support and enhance programming using

3

global satellite positioning system technology.

4

§ 9799.34.  Duties of facilities housing sexual offenders.

5

The Department of Corrections, a county correctional

6

facility, an institution or facility set forth in section

7

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

8

separate, State-owned facility or unit established under Chapter

9

64 (relating to court-ordered involuntary treatment of certain

10

sexually violent persons), shall have the following duties:

11

(1)  To perform their respective duties in accordance

12

with section 9799.19 (relating to initial registration). This

13

paragraph includes taking a current photograph of the

14

individual required to register under this subchapter before

15

the individual is released from confinement or commitment or

16

is discharged.

17

(2)  On a form prescribed by the Pennsylvania State

18

Police, to notify the Pennsylvania State Police each time a

19

sexual offender is incarcerated, committed or released,

20

including supervised release or transfer to another

21

correctional institution or facility or institution, in the

22

case of a juvenile offender or sexually violent delinquent

23

child. This paragraph shall include a community corrections

24

center or community contract facility.

25

(3)  To assist sexual offenders registering under this

26

subchapter.

27

§ 9799.35.  Board.

28

(a)  Composition.--The board shall be composed of

29

psychiatrists, psychologists and criminal justice experts, each

30

of whom is an expert in the field of the behavior and treatment

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1

of sexual offenders.

2

(b)  Appointment.--The Governor shall appoint the board

3

members.

4

(c)  Term of office.--Members of the board shall serve four-

5

year terms.

6

(d)  Compensation.--The members of the board shall be

7

compensated at a rate of $350 per assessment and receive

8

reimbursement for their actual and necessary expenses while

9

performing the business of the board. The chairman shall receive

10

$500 additional compensation annually.

11

(e)  Staff.--Support staff for the board shall be provided by

12

the Pennsylvania Board of Probation and Parole.

13

§ 9799.36.  Counseling of sexually violent predators.

14

(a)  General rule.--A sexually violent predator shall be

15

required to attend at least monthly counseling sessions in a

16

program approved by the board and be financially responsible for

17

all fees assessed from the counseling sessions. The board shall

18

monitor the compliance of the sexually violent predator. If the

19

sexually violent predator can prove to the satisfaction of the

20

court that the sexually violent predator cannot afford to pay

21

for the counseling sessions, the sexually violent predator shall

22

nonetheless attend the counseling sessions, and the parole

23

office shall pay the requisite fees.

24

(b)  Designation in another jurisdiction.--If an individual

25

required to register under this subchapter has been designated

26

as a sexually violent predator in another jurisdiction and was

27

required to undergo counseling, the individual shall be subject

28

to the provisions of this section.

29

(c)  Penalty.--A sexually violent predator who knowingly

30

fails to attend counseling sessions as provided in this section

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1

may be subject to prosecution under 18 Pa.C.S. § 4915.1

2

(relating to failure to comply with registration of sexual

3

offenders requirements).

4

§ 9799.37.  Exemption from notification for certain licensees 

5

and their employees.

6

Nothing in this subchapter shall be construed as imposing a

7

duty upon a person licensed under the act of February 19, 1980

8

(P.L.15, No.9), known as the Real Estate Licensing and

9

Registration Act, or an employee of the person, to disclose any

10

information regarding an individual required to be included in

11

the registry pursuant to this subchapter.

12

§ 9799.38.  Annual performance audit.

13

(a)  Duties of the Attorney General.--The Attorney General

14

has the following duties:

15

(1)  To conduct a performance audit annually to determine

16

compliance with the requirements of this subchapter and any

17

guidelines promulgated under this subchapter. The audit

18

shall, at a minimum, include a review of the practices,

19

procedures and records of the Pennsylvania State Police, the

20

Pennsylvania Board of Probation and Parole, the Department of

21

Corrections, the board, the Administrative Office of

22

Pennsylvania Courts and any other State or local agency the

23

Attorney General deems necessary in order to conduct a

24

thorough and accurate performance audit.

25

(2)  To prepare an annual report of its findings and any

26

action that it recommends be taken by the Pennsylvania State

27

Police, the Pennsylvania Board of Probation and Parole, the

28

Department of Corrections, the board, the Administrative

29

Office of Pennsylvania Courts, other State or local agencies

30

and the General Assembly to ensure compliance with this

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1

subchapter. The first report shall be released to the general

2

public no fewer than 18 months following the effective date

3

of this section.

4

(3)  To provide a copy of its report to the Pennsylvania

5

State Police, the Pennsylvania Board of Probation and Parole,

6

the Department of Corrections, the board, the Administrative

7

Office of Pennsylvania Courts, State or local agencies

8

referenced in the report, the chairman and the minority

9

chairman of the Judiciary Committee of the Senate and the

10

chairman and the minority chairman of the Judiciary Committee

11

of the House of Representatives no fewer than 30 days prior

12

to its release to the general public.

13

(b)  Cooperation required.--Notwithstanding any other

14

provision of law to the contrary, the Pennsylvania State Police,

15

the Pennsylvania Board of Probation and Parole, the Department

16

of Corrections, the board, the Administrative Office of

17

Pennsylvania Courts, the Pennsylvania Commission on Sentencing

18

and any other State or local agency requested to do so shall

19

fully cooperate with the Attorney General and assist the Office

20

of Attorney General in satisfying the requirements of this

21

section. For purposes of this subsection, full cooperation shall

22

include, at a minimum, complete access to unredacted records,

23

files, reports and data systems.

24

§ 9799.39.  Photographs and fingerprinting.

25

An individual subject to registration shall submit to

26

fingerprinting and photographing as required by this subchapter.

27

Fingerprinting as required by this subchapter shall, at a

28

minimum, require submission of a full set of fingerprints and

29

palm prints. Photographing as required by this subchapter shall,

30

at a minimum, require submission to photographs of the face and

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1

any scars, marks, tattoos or other unique features of the

2

individual. Fingerprints and photographs obtained under this

3

subchapter may be maintained for use under this subchapter and

4

for general law enforcement purposes.

5

§ 9799.40.  Duties of Pennsylvania Commission on Sentencing.

6

The Pennsylvania Commission on Sentencing shall establish

7

procedures to enable courts to classify sexual offenders as

8

provided in section 9799.23 (relating to court notification and

9

classification requirements).

10

§ 9799.41.  Expiration.

11

The following provisions shall expire one year after the

12

effective date of this section:

13

Section 9718.3 (relating to sentence for failure to

14

comply with registration of sexual offenders).

15

Section 9791 (relating to legislative findings and

16

declaration of policy).

17

Section 9792 (relating to definitions).

18

Section 9795.1 (relating to registration).

19

Section 9795.2 (relating to registration procedures and

20

applicability).

21

Section 9795.3 (relating to sentencing court

22

information).

23

Section 9795.4 (relating to assessments).

24

Section 9795.5 (relating to exemption from certain

25

notifications).

26

Section 9796 (relating to verification of registration

27

information).

28

Section 9797 (relating to victim notification).

29

Section 9798 (relating to other notification).

30

Section 9798.1 (relating to information made available on

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1

the Internet).

2

Section 9798.2 (relating to administration).

3

Section 9798.3 (relating to global positioning system

4

technology).

5

Section 9799 (relating to immunity for good faith

6

conduct).

7

Section 9799.1 (relating to duties of Pennsylvania State

8

Police).

9

Section 9799.2 (relating to duties of Pennsylvania Board

10

of Probation and Parole.

11

Section 9799.3 (relating to board).

12

Section 9799.4 (relating to counseling of sexually

13

violent predators).

14

Section 9799.7 (relating to exemption from notification

15

for certain licensees and their employees).

16

Section 9799.8 (relating to annual performance audit).

17

Section 9799.9 (relating to photographs and

18

fingerprinting).

19

Section 13.  The definition of "other specified offense" in

20

section 2303 of Title 44 is amended to read:

21

§ 2303.  Definitions.

22

The following words and phrases when used in this chapter

23

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

24

context clearly indicates otherwise:

25

* * *

26

"Other specified offense."  Any of the following:

27

(1)  A felony offense [or an].

28

(2)  An offense under 18 Pa.C.S. § 2910 (relating to

29

luring a child into a motor vehicle or structure) or 3126

30

(relating to indecent assault) or an attempt to commit such

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1

an offense.

2

(3)  An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

3

(relating to registration of sexual offenders).

4

* * *

5

Section 14.  Paragraph (4) of the definition of "eligible

6

offender" in section 4503 of Title 61 is amended to read:

7

§ 4503.  Definitions.

8

The following words and phrases when used in this chapter

9

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

10

context clearly indicates otherwise:

11

* * *

12

"Eligible offender."  A defendant or inmate convicted of a

13

criminal offense who will be committed to the custody of the

14

department and who meets all of the following eligibility

15

requirements:

16

* * *

17

(4)  Has not been found guilty or previously convicted or

18

adjudicated delinquent for violating any of the following

19

provisions or an equivalent offense under the laws of the

20

United States or one of its territories or possessions,

21

another state, the District of Columbia, the Commonwealth of

22

Puerto Rico or a foreign nation:

23

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

24

18 Pa.C.S. § 5901 (relating to open lewdness).

25

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

26

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

27

minor).

28

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

29

children).

30

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child

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1

pornography).

2

Received a criminal sentence pursuant to 42 Pa.C.S.

3

§ 9712.1 (relating to sentences for certain drug offenses

4

committed with firearms).

5

Any sexually violent offense [listed under 42 Pa.C.S.

6

§ 9795.1 (relating to registration)], as defined in 42

7

Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual

8

offenders).

9

* * *

10

Section 15.  Section 6137(a)(3.1)(ii) of Title 61 is amended

11

to read:

12

§ 6137.  Parole power.

13

(a)  General criteria for parole.--

14

* * *

15

(3.1)  * * *

16

(ii)  This paragraph shall not apply to offenders who

17

are currently serving a term of imprisonment for a crime

18

of violence as defined in 42 Pa.C.S. § 9714 (relating to

19

sentences for second and subsequent offenses) or for a

20

crime requiring registration under 42 Pa.C.S. [§ 9795.1

21

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

22

registration of sexual offenders).

23

* * *

24

Section 16.  Any reference in any act or part of an act to 42

25

Pa.C.S. § 9795.1 shall be deemed a reference to 42 Pa.C.S.

26

§ 9799.15 as if fully set forth in that act or part of that act. 

27

Section 17.  This act shall apply as follows:

28

(1)  The addition of 42 Pa.C.S. § 9799.28(b)(11) shall

29

apply to persons convicted after November 30, 2006, of an

30

offense which required registration under former 42 Pa.C.S. §

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1

9795.1 and to persons required to register under 42 Pa.C.S.  

2

Ch. 97 Subch. H on or after the effective date of this

3

section.

4

(2)  All individuals required to register under 42

5

Pa.C.S. Ch. 97 Subch. H on or after the effective date of

6

this paragraph.

7

(3)  All individuals required to register under 42

8

Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to

9

the effective date of this paragraph and whose registration

10

has not expired prior to the effective date of this

11

paragraph.

12

Section 18.  This act shall take effect as follows:

13

(1)  The following provisions shall take effect

14

immediately:

15

(i)  This section.

16

(ii)  The addition of 18 Pa.C.S. § 4915(g).

17

(iii)  The amendment of 42 Pa.C.S. § 9791.

18

(iv)  The amendment of 42 Pa.C.S. § 9795.1(a) and

19

(b).

20

(v)  The amendment of 42 Pa.C.S. § 9798.1(a) and

21

(b)(7).

22

(vi)  The amendment of 42 Pa.C.S. § 9799.1(2).

23

(vii)  The addition of 42 Pa.C.S. § 9799.41.

24

(2)  The following provisions shall take effect in one

25

year:

26

(i)  The amendment of 18 Pa.C.S. § 3130(a)

27

introductory paragraph and (1) and (b).

28

(ii)  The amendment of 18 Pa.C.S. § 3141.

29

(iii)  The addition of 18 Pa.C.S. § 4915.1.

30

(iv)  The amendment of 23 Pa.C.S. § 6707(2)(ii).

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1

(v)  The amendment of 42 Pa.C.S. § 6358(a) and (b).

2

(vi)  The amendment of 42 Pa.C.S. § 6403(a)(2), (b)

3

(3) and (d).

4

(vii)  The amendment of 42 Pa.C.S. § 6404.

5

(viii)  The addition of 42 Pa.C.S. § 6404.1.

6

(ix)  The addition of 42 Pa.C.S. § 6404.2.

7

(x)  The amendment of 42 Pa.C.S. § 6406(a).

8

(xi)  The amendment of 42 Pa.C.S. § 6409.

9

(xii)  The amendment of 42 Pa.C.S. § 9718.1(a)

10

introductory paragraph and (b)(2).

11

(xiii)  The amendment of 42 Pa.C.S. § 9718.2(a) and

12

(d).

13

(xiv)  The addition of 42 Pa.C.S. § 9718.4

14

(xv)  The addition of 42 Pa.C.S. § 9799.10.

15

(xvi)  The addition of 42 Pa.C.S. § 9799.11.

16

(xvii)  The addition of 42 Pa.C.S. § 9799.12.

17

(xviii)  The addition of 42 Pa.C.S. § 9799.13.

18

(xix)  The addition of 42 Pa.C.S. § 9799.14.

19

(xx)  The addition of 42 Pa.C.S. § 9799.15.

20

(xxi)  The addition of 42 Pa.C.S. § 9799.16.

21

(xxii)  The addition of 42 Pa.C.S. § 9799.17.

22

(xxiii)  The addition of 42 Pa.C.S. § 9799.18.

23

(xxiv)  The addition of 42 Pa.C.S. § 9799.19.

24

(xxv)  The addition of 42 Pa.C.S. § 9799.20.

25

(xxvi)  The addition of 42 Pa.C.S. § 9799.21.

26

(xxvii)  The addition of 42 Pa.C.S. § 9799.22.

27

(xxviii)  The addition of 42 Pa.C.S. § 9799.23.

28

(xxix)  The addition of 42 Pa.C.S. § 9799.24.

29

(xxx)  The addition of 42 Pa.C.S. § 9799.25.

30

(xxxi)  The addition of 42 Pa.C.S. § 9799.26.

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1

(xxxii)  The addition of 42 Pa.C.S. § 9799.27.

2

(xxiii)  The addition of 42 Pa.C.S. § 9799.28.

3

(xxxiv)  The addition of 42 Pa.C.S. § 9799.29.

4

(xxxv)  The addition of 42 Pa.C.S. § 9799.30.

5

(xxxvi)  The addition of 42 Pa.C.S. § 9799.31.

6

(xxxvii)  The addition of 42 Pa.C.S. § 9799.32.

7

(xxxviii)  The addition of 42 Pa.C.S. § 9799.33.

8

(xxxix)  The addition of 42 Pa.C.S. § 9799.34.

9

(xl)  The addition of 42 Pa.C.S. § 9799.35.

10

(xli)  The addition of 42 Pa.C.S. § 9799.36.

11

(xlii)  The addition of 42 Pa.C.S. § 9799.37.

12

(xliii)  The addition of 42 Pa.C.S. § 9799.38.

13

(xliv)  The addition of 42 Pa.C.S. § 9799.39.

14

(xlv)  The addition of 42 Pa.C.S. § 9799.40.

15

(xlvi)  The amendment of the definition of "other

16

specified offense" in 44 Pa.C.S. § 2303.

17

(xlvii)  The amendment of paragraph (4) of the

18

definition of "eligible offender" in 44 Pa.C.S. § 4503.

19

(xlviii)  The amendment of 61 Pa.C.S. § 6137(a)(3.1)

20

(ii).

21

(xlix)  The amendment of 61 Pa.C.S. § 6137(a)(3.1)

22

(ii).

23

(l)  Section 16 of this act.

24

(li)  Section 17 of this act.

25

(3)  The remainder of this act shall take effect in 60

26

days.

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