1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for residency restrictions
3for certain offenders.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 4307. Residency restrictions for certain offenders.

9(a) General rule.--No person who is subject to registration 
10under 42 Pa.C.S. § 9795.1 (relating to registration) due to 
11conviction for an offense wherein the victim was a minor shall 
12establish a residence, maintain a residence or other living 
13accommodation within 1,000 feet of the real property on which is 
14located any public, private or parochial school, licensed 
15preschool program, certified day-care center, registered family 
16day-care home, public playground recreation center or 
17playground. No such person shall establish a residence, maintain 
18a residence or other living accommodation within 500 feet of any 

1point at which transportation is provided to students of any 
2public, private or parochial school except that provided by a 
3fixed-route public transportation service as defined in 74 
4Pa.C.S. § 1503 (relating to definitions). Further, no such 
5person who is subject to any order of parole, probation or 
6supervision may be placed by any governmental authority in any 
7residential setting that does not comply with the provisions of 
8this section.

9(b) Applicability.--Nothing in this section shall require
10any person subject to the provisions of this section or 42
11Pa.C.S. § 9795.1 to sell or otherwise dispose of any real
12estate, home or other real property or to cancel any lease of
13real property that was acquired or entered prior to the
14effective date of this section. Further, the provision of this
15section shall not prohibit such a person from maintaining a
16residence at a location as provided in this subsection. In order
17for a person to comply with the exemption provided in this
18subsection, the person is required to provide evidence of such
19to the court wherein sentencing occurred and to the Pennsylvania
20State Police at the time of registration under 42 Pa.C.S. §
219795.1 and verification under 42 Pa.C.S. § 9796 (relating to
22verification of residence):

23(1) For real property, a copy of a deed, security
24interest or mortgage to which the person is a signatory.

25(2) For purposes of a leasehold, a copy of the
26applicable lease agreement to which the person is a
27signatory.

28(c) Exceptions.--This section shall not apply to any person
29who resides in any of the following on a temporary or permanent
30basis:

1(1) A hospital licensed by the Commonwealth of
2Pennsylvania.

3(2) A nursing home or similar entity licensed by the
4Commonwealth of Pennsylvania.

5(3) Except as provided in subsection (a), any place
6where the person is incarcerated due to a criminal charge or
7conviction.

8(4) Any location where a person is voluntarily or
9involuntarily committed for treatment under the act of July
109, 1976 (P.L.817, No.143), known as the Mental Health
11Procedures Act.

12(5) A temporary lodging for consideration for a term
13that is less than 15 consecutive days.

14(d) Notice.--Any person subject to this section who lives
15within 1,000 feet of the real property of any entity provided in
16subsection (a) by operation of subsection (b) or (c) shall be
17subject to the notification provisions under 42 Pa.C.S. § 9798
18(relating to other notification).

19(e) Board of school directors.--Each year, for the 
20forthcoming school year, the board of school directors of any 
21school district that provides for the transportation of students 
22under section 1361 of the act of March 10, 1949 (P.L.30, No.14), 
23known as the Public School Code of 1949, shall determine if a 
24person subject to the restrictions provided in this section 
25resides within 500 feet of a point where students receiving 
26transportation to and from school shall embark or disembark from 
27the conveyance. If it is determined that a person subject to the 
28restrictions provided in this section resides within 500 feet of 
29the point of embarking or disembarking a conveyance and it is 
30impracticable for the school district or its agent to assign 

1another point of embarking or disembarking, the board of school 
2directors shall do all of the following:

3(1) Notify each law enforcement agency with jurisdiction
4over the point of embarking or disembarking the conveyance.

5(2) Notify each law enforcement agency with jurisdiction
6in the school district.

7(3) Notify the parents of any student who will be
8required to use a point of embarking or disembarking that
9falls within 500 feet of the residence of a person subject to
10the restrictions of this section.

11(f) Grading.--

12(1) Except as provided in paragraph (2), an offense
13under this section shall be graded as a misdemeanor of the
14first degree.

15(2) A second or subsequent offense under this section
16shall be graded as a felony of the third degree.

17(g) Immunity for good faith conduct.-- The following shall
18be immune from liability under this section for good faith
19conduct:

20(1) A school district including, but not limited to, its
21board of school directors and employees.

22(2) Agents of a school district who, pursuant to their
23contract with the school district, provide transportation for
24students to or from any public, private or parochial school.

25Section 2. This act shall take effect in 60 days.