1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for
3registration of domestic violence predators; establishing the
4Domestic Violence Predator Assessment Board; and imposing
5powers and duties on the Pennsylvania State Police and on the
6Pennsylvania Board of Probation and Parole.

7It is the intention of the General Assembly that this act be
8known as Robin's Law.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Title 42 of the Pennsylvania Consolidated
12Statutes is amended by adding a chapter to read:

13CHAPTER 96

14REGISTRATION OF DOMESTIC VIOLENCE PREDATORS

15Sec.

169601. Scope of chapter.

179602. Definitions.

189603. Registration of certain offenders for ten years.

199604. Designation of domestic violence predators.

209605. Other registration requirements.

19606. Verification of residence.

29607. Victim notification.

39608. Immunity for good faith conduct.

49609. Duties of Pennsylvania State Police.

59610. Duties of Pennsylvania Board of Probation and Parole.

69611. Board.

79612. Domestic violence predators.

89613. Exemption from notification.

9§ 9601. Scope of chapter.

10This chapter relates to registration of domestic violence
11criminal offenders.

12§ 9602. Definitions.

13The following words and phrases when used in this chapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Board." The Domestic Violence Predator Assessment Board 
17established in section 9611 (relating to board).

18"Conviction." An adjudication of guilt by a court of 
19competent jurisdiction whether upon a verdict or plea of guilty 
20or plea of nolo contendere, notwithstanding a pending appeal or 
21habeas corpus proceeding arising from the adjudication.

22"Domestic violence offense." An offense, under the laws of 
23this Commonwealth or any other jurisdiction:

24(1) an element of which is the use or attempted use of
25physical force;

26(2) which is punishable by a term of imprisonment
27exceeding two years; and

28(3) which was committed by:

29(i) the current or former spouse, parent or guardian
30of the victim;

1(ii) an individual with whom the victim shares a
2child in common;

3(iii) an individual who cohabits with or has
4cohabited with the victim as a spouse, parent or
5guardian; or

6(iv) an individual similarly situated to a spouse,
7parent or guardian of the victim.

8The relationship specified in this paragraph need not be an
9element of the offense to meet the requirements of this
10definition.

11The term includes an attempt, a solicitation or a conspiracy to
12commit the offense.

13"Domestic violence predator." An individual who:

14(1) has been convicted of a domestic violence offense;
15and

16(2) is determined to be a domestic violence predator
17under section 9604 (relating to designation of domestic
18violence predators) due to a mental abnormality or
19personality disorder that makes the individual likely to
20engage in predatory domestic violence offenses.

21"Mental abnormality." A congenital or acquired condition of 
22an individual that affects the emotional or volitional capacity 
23of the individual in a manner as to predispose the individual to 
24commit violent criminal offenses to a degree that makes the 
25individual a menace to the health and safety of other persons.

26"Municipality." A city, borough, incorporated town or 
27township.

28"Personality disorder." A personality disorder as defined in 
29the fourth edition of the Diagnostic and Statistical Manual of 
30Mental Disorders adopted by the American Psychiatric 

1Association.

2"Predatory." Directed at an individual with whom a 
3relationship has been established or promoted for the primary 
4purpose of victimization.

5§ 9603. Registration of certain offenders for ten years.

6(a) Requirement.--Except as set forth in subsection (b):

7(1) An individual convicted of a domestic violence
8offense shall register a current address with the
9Pennsylvania State Police upon:

10(i) release from incarceration;

11(ii) parole from a State or county correctional
12facility; or

13(iii) commencement of a sentence of intermediate
14punishment or probation.

15(2) The period of registration shall be ten years.

16(b) Exceptions.--

17(1) Subsection (a) does not apply to an individual
18incarcerated in a maximum or medium correctional facility of
19the Department of Corrections, a private correctional
20facility or a correctional facility of another jurisdiction.
21This exception ends upon release from incarceration.

22(2) Subsection (a) does not apply to an individual
23required to register under Subchapter H of Chapter 97
24(relating to registration of sexual offenders).

25(c) Registration information.--The Pennsylvania State Police
26shall provide the information obtained under sections 9605
27(relating to other registration requirements) and 9606 (relating
28to verification of residence) and this section and the address
29at which the offender will reside after release from
30incarceration, parole or probation to the chief law enforcement

1officer of the police department of the municipality in which
2the offender will reside.

3§ 9604. Designation of domestic violence predators.

4(a) Order for assessment.--Before sentencing, the court
5shall order a person convicted of a domestic violence offense to
6be assessed by the board.

7(b) Presumption.--There shall be a presumption that an
8offender convicted of a domestic violence offense is a domestic
9violence predator. The presumption may be rebutted by clear and
10convincing evidence at a hearing held under subsection (e).

11(c) Assessment.--The board shall conduct an assessment of
12the offender to determine if the offender is a domestic violence
13predator. An assessment shall include, but not be limited to,
14the following:

15(1) Age of the offender.

16(2) Offender's prior criminal record of domestic
17violence offenses and any other offenses.

18(3) Age of the victim.

19(4) Whether the domestic violence offense involved
20multiple victims.

21(5) Use of illegal drugs by the offender.

22(6) Whether the offender completed any prior sentence
23and participated in a program for violent offenders.

24(7) Mental illness or mental disability of the offender.

25(8) The nature of the violent contact with the victim
26and whether the contact was part of a demonstrated pattern of
27abuse.

28(9) Whether the domestic violence offense included a
29display of unusual cruelty by the offender during commission
30of the crime.

1(10) Behavioral characteristics that contribute to the
2offender's conduct.

3(d) Submission of report by board.--The board shall submit a
4written report containing its assessment to the court no later
5than 30 days after the assessment was ordered.

6(e) Court review of findings.--Upon receipt of the board's
7report, the court shall determine if the offender is a domestic
8violence predator. The determination shall be based on evidence
9presented at a hearing held prior to sentencing and before the
10trial judge. The offender and district attorney shall be given
11notice of the hearing and an opportunity to be heard, the right
12to call witnesses, including expert witnesses, and the right to
13conduct cross-examination. The offender shall have the right to
14counsel and to have an attorney appointed to represent the
15offender if he cannot afford one.

16(f) Subsequent review.--No sooner than one year prior to
17release from a State or county correctional facility and in
18five-year intervals thereafter, an offender designated a
19domestic violence predator may petition a court having original
20jurisdiction in the matter for reconsideration. The court may
21request a new report by the board and enter an order terminating
22the designation, in which case the court shall notify the
23Pennsylvania State Police.

24§ 9605. Other registration requirements.

25(a) Registration of domestic violence predators.--A domestic
26violence predator shall be required to register all current
27addresses with the Pennsylvania State Police upon release from
28incarceration, upon parole from a State or county correctional
29facility or upon commencing a sentence of intermediate
30punishment. Registration shall continue unless a court

1terminates designation under section 9604(f) (relating to
2designation of domestic violence predators).

3(b) Court information for all offenders.--At the time of
4sentencing, the court shall inform offenders designated in
5section 9603 (relating to registration of certain offenders for
6ten years) and domestic violence predators designated in
7subsection (a) of the provisions of this chapter. The court
8shall:

9(1) Specifically inform the offender of the duty to
10register and obtain the information required for each
11registration.

12(2) Specifically inform the offender of the duty to
13inform the Pennsylvania State Police within ten days if the
14offender changes residence.

15(3) Specifically inform the offender of the duty to
16register with a new law enforcement agency not later than ten
17days after establishing residence in another state.

18(4) Order the fingerprints and photograph of the person
19to be provided to the Pennsylvania State Police upon
20sentencing.

21(5) Require the offender to read and sign a form stating
22that the duty to register under this chapter has been
23explained. If the offender is unable to read, the court shall
24certify that the duty to register was explained to the
25offender and the offender indicated an understanding of the
26duty.

27(c) Correctional facilities and parole authorities.--When an
28offender is about to be released from incarceration or paroled
29from a State or county correctional facility, the prison
30official of the State or county correctional facility, no later

1than ten days prior to the release or parole of the offender,
2shall again provide the offender with notice of the duty to
3register with the Pennsylvania State Police under this chapter.

4(d) Penalty.--An offender who fails to register as required
5in this section commits a felony of the third degree.

6§ 9606. Verification of residence.

7(a) Quarterly verification.--The Pennsylvania State Police
8shall verify the residence of domestic violence predators every
990 days through use of a nonforwardable verification form to the
10last reported address. The form must be returned by the offender
11within ten days.

12(b) Annual verification.--The Pennsylvania State Police
13shall verify the residence of offenders designated in section
149603 (relating to registration of certain offenders for ten
15years), annually through the use of a residence verification
16form. The form must be returned by the offender within ten days.

17(c) Notification of address change.--A change of address of
18an offender required to register under this chapter reported to
19the Pennsylvania State Police shall be immediately reported by
20the Pennsylvania State Police to the appropriate law enforcement
21agency having jurisdiction over the offender's new place of
22residence. The Pennsylvania State Police shall, if the offender
23changes residence to another state, notify the law enforcement
24agency having jurisdiction of the offender's new place of
25residence.

26(d) Failure to provide verification.--If an offender fails
27to provide verification of residence within the required ten-day
28period, the Pennsylvania State Police shall immediately notify
29the local municipal police department of the offender's last
30verified residence. The local municipal police shall locate the

1offender and place the offender under arrest. The Pennsylvania
2State Police shall assume responsibility for locating the
3offender and making the arrest in jurisdictions where there is
4no local municipal police force. The Pennsylvania State Police
5shall assist any local municipal police department requesting
6assistance with locating and arresting an offender who fails to
7verify his residence.

8(e) Penalty.--An offender who fails to verify his residence
9as required in this section commits a felony of the third
10degree.

11§ 9607. Victim notification.

12(a) Duty to inform victim.--

13(1) If an offender is determined to be a domestic
14violence predator by a court order under section 9604(e)
15(relating to designation of domestic violence predators), the
16local municipal police department or, if there is no local
17municipal police department, the Pennsylvania State Police
18shall give written notice to the victim of the offender
19within 72 hours after the offender registers initially or
20notifies the Pennsylvania State Police of an address change.
21The notice shall contain the offender's name and the address
22or addresses where the offender resides.

23(2) A victim may waive the right to be informed under
24paragraph (1) by providing the local municipal police
25department or, if there is no local municipal police
26department, the Pennsylvania State Police with a written
27request.

28(b) Public information.--Information provided under
29subsection (a) shall be available to the general public upon
30request.

1(c) Offenders not designated as domestic violence 
2predators.--If an offender is not determined to be a domestic 
3violence predator, the victim shall be notified under the act of 
4November 24, 1998 (P.L.882, No.111), known as the Crime Victims 
5Act.

6§ 9608. Immunity for good faith conduct.

7The following entities shall not be held liable for damages
8arising from a good faith discretionary release or dissemination
9of or good faith failure to release or disseminate information
10under this section:

11(1) The Pennsylvania State Police and local law
12enforcement agencies and their agents and employees.

13(2) District attorneys and their agents and employees.

14(3) Directors and employees of county children and youth
15agencies.

16(4) The Pennsylvania Board of Probation and Parole and
17its agents and employees.

18§ 9609. Duties of Pennsylvania State Police.

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

20(1) Create and maintain a State registry of offenders
21pursuant to section 9603 (relating to registration of certain
22offenders for ten years) that will be available on the
23Internet.

24(2) In consultation with the Attorney General and the
25Pennsylvania Board of Probation and Parole, promulgate
26guidelines necessary for administration of this chapter.

27(3) Within 72 hours of receiving a registration, notify
28the chief law enforcement officer of the police department
29having primary jurisdiction of the municipality in which an
30offender resides that the offender is registered with the

1Pennsylvania State Police under this chapter.

2(4) Immediately forward to the Federal Bureau of
3Investigation information received from the Pennsylvania
4Board of Probation and Parole under this chapter and the
5fingerprints of the domestic violence predator.

6(b) Publication.--Regulations under this chapter shall be
7published in the Pennsylvania Bulletin no later than one year
8after the effective date of this section.

9§ 9610. Duties of Pennsylvania Board of Probation and Parole.

10The Pennsylvania Board of Probation and Parole shall:

11(1) Formulate a process to be followed by State and
12county prison and probation and parole personnel when
13informing offenders of their duties and responsibilities
14under this chapter.

15(2) Obtain the following information concerning each
16offender to whom this chapter applies:

17(i) Name, including any aliases.

18(ii) Identifying factors.

19(iii) Anticipated future residence.

20(iv) Offense history.

21(v) Documentation of treatment received for mental
22abnormalities and personality disorders.

23(3) Transmit the information in paragraph (2) to the 
24Pennsylvania State Police without delay for immediate entry 
25into the State registry of domestic violence offenders and 
26the criminal history record of the offender as provided in 18 
27Pa.C.S. Ch. 91 (relating to criminal history record 
28information).

29§ 9611. Board.

30(a) Establishment.--The Domestic Violence Predator

1Assessment Board is hereby established and shall be composed of
2three persons, including a psychiatrist, a psychologist and a
3criminal justice expert, each of whom shall have a minimum of
4ten years of experience and specialized training in the behavior
5and treatment of violent offenders.

6(b) Appointment.--The Governor shall appoint the
7psychiatrist and psychologist board members, and the Attorney
8General shall appoint the criminal justice expert. All
9appointments shall be made within 30 days of the effective date
10of this section.

11(c) Term of office.--Members of the board shall serve four-
12year terms.

13(d) Compensation.--Members of the board shall be compensated
14at a rate of $125 per day and receive reimbursement for their
15actual and necessary expenses while performing the business of
16the board. The chairman shall receive $500 additional
17compensation per year.

18(e) Staff.--Support staff for the board shall be provided by
19the Pennsylvania Board of Probation and Parole.

20§ 9612. Domestic violence predators.

21(a) Lifetime parole; counseling.--Notwithstanding any other
22provision of law, a person designated as a domestic violence
23predator under this chapter shall remain on lifetime parole when
24released from a State or county correctional facility unless the
25court terminates the designation under section 9604(f) (relating
26to designation of domestic violence predators). The offender
27shall be required to attend at least monthly counseling sessions
28in a program approved by the board and be financially
29responsible for all fees assessed from such counseling sessions.
30If the offender can establish to the satisfaction of the court

1inability to pay for counseling sessions, the offender shall
2attend the sessions and the parole office shall pay the
3requisite fees.

4(b) Lifetime registration.--

5(1) Notwithstanding any other provision of law, an
6offender designated as a domestic violence predator under
7this chapter shall register for life if the offender:

8(i) is convicted of a subsequent domestic violence
9offense requiring registration; or

10(ii) enters this Commonwealth after the effective
11date of this chapter and has a conviction in another
12jurisdiction that would have required registration if
13committed in Pennsylvania.

14(2) If a conviction is vacated and an acquittal or final
15discharge is entered after it has been determined that this
16section applies, the offender shall have the right to
17petition the sentencing court for reconsideration if this
18section would not have applied except for the conviction that
19was vacated.

20(c) Authority of court in sentencing.--A court may not
21impose on an offender to which this section is applicable any
22lesser sentence than provided for in subsection (b), place the
23offender on probation or suspend the offender's sentence.
24Nothing in this section may prevent the sentencing court from
25imposing a sentence greater than that provided in this section.
26Sentencing guidelines promulgated by the Pennsylvania Commission
27on Sentencing shall not supersede the mandatory sentence
28provided in this section.

29(d) Appeal by Commonwealth.--If a sentencing court refuses
30to apply this section when applicable, the Commonwealth shall

1have a right to appellate review. The appellate court shall
2vacate the sentence and remand the case to the sentencing court
3for the imposition of a sentence in accordance with this section
4if it finds that the sentence was imposed in violation of this
5section.

6§ 9613. Exemption from notification.

7Nothing in this chapter may be construed to impose a duty on 
8a person licensed under the act of February 19, 1980 (P.L.15, 
9No.9), known as the Real Estate Licensing and Registration Act, 
10or an employee of the person, to disclose information regarding 
11an offender required to register under this chapter.

12Section 2. This act shall take effect in six months.