Regular Session 2017-2018 House Bill 1892 P.N. 2658

PRINTER'S NO. 2658

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1892

Session of

2017

INTRODUCED BY METCALFE, KNOWLES, MILLARD, SACCONE, McGINNIS,

READSHAW, RYAN, IRVIN, D. COSTA, WHEELAND, DOWLING, ROAE,

DeLUCA, WARD, ORTITAY, NEILSON, GILLEN, BAKER, ROTHMAN, COOK

AND BERNSTINE, OCTOBER 26, 2017

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 26, 2017

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in offenses against the family,

providing for residency restrictions for certain offenders;

and prescribing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 4307. Residency restrictions for certain offenders.

(a) General rule.--No person who is subject to registration

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

sexual offenders) due to conviction for an offense in which the

victim was a minor may:

(1) establish a residence, maintain a residence or other

living accommodation within 1,000 feet of the real property

on which is located any public, private or parochial school,

licensed preschool program, certified day-care center,

registered family day-care home, public playground recreation

center or playground;

(2) establish a residence, maintain a residence or other

living accommodation within 1,000 feet of any point at which

transportation is provided to students of any public, private

or parochial school except that provided by a fixed-route

public transportation service as defined in 74 Pa.C.S. § 1503

(relating to definitions); or

(3) if the person is subject to an order of parole,

probation or supervision, be placed by any governmental

authority in any residential setting that does not comply

with the provisions of this section.

(b) Construction.--

(1) Nothing in this section shall be construed:

(i) To require any person subject to the provisions

of this section or 42 Pa.C.S. Ch. 97 Subch. H to sell or

otherwise dispose of any real estate, home or other real

property or to cancel any lease of real property that was

acquired or entered prior to the effective date of this

section.

(ii) To prohibit the person from maintaining a

residence at a location as provided in this subsection.

(2) In order for a person to comply with the exemption

provided in this subsection, the person must provide to the

court in which sentencing occurred and the Pennsylvania State

Police at the time of registration under 42 Pa.C.S. § 9799.19

(relating to initial registration) and verification under 42

Pa.C.S. § 9799.25 (relating to verification by sexual

offender and Pennsylvania State Police) evidence of the

following:

(i) For real property, a copy of a deed, security

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interest or mortgage to which the person is a signatory.

(ii) For a leasehold, a copy of the applicable lease

agreement to which the person is a signatory.

who resides in any of the following on a temporary or permanent

basis:

(1) A hospital licensed by the Commonwealth.

(2) A nursing home or similar entity licensed by the

Commonwealth.

(3) Except as provided in subsection (a), any place

where the person is incarcerated due to a criminal charge or

conviction.

(4) Any location where a person is voluntarily or

involuntarily committed for treatment under the act of July

9, 1976 (P.L.817, No.143), known as the Mental Health

Procedures Act.

(5) A temporary lodging for consideration for a term

that is less than 15 consecutive days.

(d) Notice.--A person subject to this section who lives

within 1,000 feet of the real property of any entity provided in

subsection (a) by operation of subsection (b) or (c) shall be

subject to the notification provisions under 42 Pa.C.S. §

9799.27 (relating to other notification).

(e) Duties of boards of school directors.--

(1) Each year, for the next school year, the board of

school directors of any school district that provides for the

transportation of students under section 1361 of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949 , shall determine if a person subject to the

restrictions provided in this section resides within 1,000

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feet of a point where students receiving transportation to

and from school shall embark or disembark from the

conveyance.

(2) If it is determined that a person subject to the

restrictions provided in this section resides within 1,000

feet of the point of embarking or disembarking a conveyance

and it is impracticable for the school district or its agent

to assign another point of embarking or disembarking, the

board of school directors shall:

(i) Notify each law enforcement agency with

jurisdiction over the point of embarking or disembarking

the conveyance.

(ii) Notify each law enforcement agency with

jurisdiction in the school district.

(iii) Notify the parents of any student who will be

required to use a point of embarking or disembarking that

falls within 1,000 feet of the residence of the person

subject to the restrictions of this section.

(f) Grading.--

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

under this section shall be graded as a misdemeanor of the

first degree.

(2) A second or subsequent offense under this section

shall be graded as a felony of the third degree.

(g) Immunity for good faith conduct.--The following shall be

immune from liability under this section for good faith conduct:

(1) A school district, including, but not limited to,

its board of school directors and employees.

(2) Agents of a school district who, pursuant to their

contract with the school district, provide transportation for

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students to or from any public, private or parochial school.

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

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