PRINTER'S NO. 449
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BOSCOLA, HUGHES, FONTANA, BROWNE, FARNESE, WOZNIAK, BREWSTER AND WASHINGTON, FEBRUARY 13, 2013
REFERRED TO JUDICIARY, FEBRUARY 13, 2013
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.
14REGISTRATION OF DOMESTIC VIOLENCE PREDATORS
169601. Scope of chapter.
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.
79612. Domestic violence predators.
89613. Exemption from notification.
9§ 9601. Scope of chapter.
12§ 9602. Definitions.
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.
28(3) which was committed by:
13"Domestic violence predator." An individual who:
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.
5§ 9603. Registration of certain offenders for ten years.
6(a) Requirement.--Except as set forth in subsection (b):
10(i) release from incarceration;
15(2) The period of registration shall be ten years.
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.
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
3§ 9604. Designation of domestic violence predators.
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,
15(1) Age of the offender.
18(3) Age of the victim.
21(5) Use of illegal drugs by the offender.
24(7) Mental illness or mental disability of the offender.
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
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
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
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
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
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.
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
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
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:
13(2) District attorneys and their agents and employees.
18§ 9609. Duties of Pennsylvania State Police.
19(a) General rule.--The Pennsylvania State Police shall:
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.
9§ 9610. Duties of Pennsylvania Board of Probation and Parole.
10The Pennsylvania Board of Probation and Parole shall:
17(i) Name, including any aliases.
18(ii) Identifying factors.
19(iii) Anticipated future residence.
20(iv) Offense history.
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
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.
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.
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
4(b) Lifetime registration.--
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
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.
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
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.