Regular Session 2019-2020 House Bill 0953 P.N. 1079

PRINTER'S NO. 1079

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

953

Session of

2019

INTRODUCED BY CONKLIN, GILLEN, HARKINS, HILL-EVANS, KINSEY AND

READSHAW, MARCH 25, 2019

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 2019

AN ACT

Requiring persons convicted of arson and related offenses to

Pennsylvania State Police and the Pennsylvania Board of

Probation and Parole; and imposing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Convicted

Arsonist Registry Act.

Section 2. Findings.

The General Assembly finds and declares as follows:

(1) Following a first arson or related offense,

convicted arsonists continue to commit these violent crimes.

(2) This Commonwealth experienced 1,492 reported arson

offenses from July 1, 2017, to June 30, 2018.

(3) This Commonwealth experienced 1,330 arson offenses

in 2018 and on average 3.5 acts of arson each day, or one

every 6 hours and 51 minutes.

(4) In the past year there were 312 arrests for arson in

this Commonwealth, which resulted in a loss of $30,431,580.

(5) This Commonwealth's arrest rate of 4.6 arrests for

arson per 100,000 inhabitants was greater than the national

and northeast regional rates.

(6) In an effort to stymie future offenses, a database

of convicted arsonists needs to be maintained. Requiring

registration will assist in criminal investigation and

prevention.

(7) The registry should be available to local

authorities.

(8) Other databases, such as sex offender registries,

serve to protect the public and the same benefit is expected

for an arsonist registry.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Convicted arsonist." An individual who has been:

(1) Convicted or adjudicated delinquent for a violation

of 18 Pa.C.S. § 3301(a), (c), (d) or (f) (relating to arson

and related offenses) or an equivalent offense under Federal

law or the law of another jurisdiction.

(2) Convicted of an attempt to commit an offense under

paragraph (1).

"Delinquent child." As defined in 42 Pa.C.S. § 6302

(relating to definitions).

Section 4. Registration required.

(a) Duration of registration.--

(1) Except as provided under paragraph (2), a convicted

arsonist is subject to lifetime registration in the manner

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prescribed by this section.

(2) A convicted arsonist who is a delinquent child is

subject to registration in accordance with this act until the

convicted arsonist has attained 25 years of age, at which

time all records related to the registration of the convicted

arsonist shall be destroyed.

(b) Information to be provided.--A registration shall

consist, at a minimum, of the convicted arsonist's:

(1) Name.

(2) Social Security number.

(3) All current or intended residences and all

information concerning current or intended enrollment as a

student.

(4) Photographs and fingerprinting as provided under

section 6.

(1) A convicted arsonist shall register with the

Pennsylvania State Police:

(i) within 14 days of release from incarceration;

(ii) upon parole from a State or county correctional

institution or the commencement of a sentence of

intermediate punishment or probation; or

(iii) if the conviction occurred in another

jurisdiction, within 14 days of arrival in this

Commonwealth.

(2) A convicted arsonist shall inform the Pennsylvania

State Police of:

(i) A change of residence or establishment of an

additional residence.

(ii) A change of institution or location at which

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the convicted arsonist is enrolled as a student or

termination of enrollment.

(iii) Enrollment as a student, if the convicted

arsonist has not previously provided that information to

the Pennsylvania State Police.

Section 5. Registration information to local authorities.

(a) Duty to provide.--

(1) The Pennsylvania State Police shall provide the

information obtained under section 4 to the fire chiefs and

the chief law enforcement officers of the police departments

of the municipalities in which a convicted arsonist will

reside or be enrolled as a student.

(2) The Pennsylvania State Police shall provide the fire

chiefs and the chief law enforcement officers with the

address at which a convicted arsonist will reside or be

enrolled as a student following the convicted arsonist's

release from incarceration, parole or probation.

(b) Notice of failure to comply.--The Pennsylvania State

Police shall provide notice to the fire chiefs and the chief law

enforcement officers of the police departments of the

municipalities notified under subsection (a) when a convicted

arsonist fails to comply with the registration requirements of

this act and request, as appropriate, that the police

departments assist in locating and apprehending the convicted

arsonist.

Police shall provide notice to the fire chiefs and the chief law

enforcement officers of the police departments of the

municipalities notified under subsection (a) when the

Pennsylvania State Police is in receipt of information

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indicating the individual will no longer reside or be enrolled

as a student in the municipality.

Section 6. Photographs and fingerprinting.

A convicted arsonist shall register and submit to

fingerprinting and photographing as required by this act at

approved registration sites. Fingerprinting shall, at a minimum,

require submission of a full set of fingerprints. Photographing

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

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

the convicted arsonist.

Section 7. Penalty.

A convicted arsonist who fails to register with the

Pennsylvania State Police as required under this act commits a

misdemeanor of the third degree.

Section 8. Sentencing court information.

The sentencing court shall inform a convicted arsonist at the

time of sentencing of the provisions of this act. The court

shall:

(1) Specifically inform the convicted arsonist of the

duty to register and provide the information required for

each registration.

(2) Specifically inform the convicted arsonist of the

duty to inform the Pennsylvania State Police within 14 days

if the convicted arsonist changes residence, establishes an

additional residence or changes the institution or location

at which the convicted arsonist is enrolled as a student or

terminates enrollment.

(3) Specifically inform the convicted arsonist of the

duty to inform the Pennsylvania State Police within 14 days

of becoming enrolled as a student if the convicted arsonist

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has not previously provided that information to the

Pennsylvania State Police.

(4) Order the fingerprints and photograph of the

convicted arsonist to be provided to the Pennsylvania State

Police upon sentencing.

(5) Order the convicted arsonist to sign a form stating

that the duty to register under this act has been explained.

Section 9. Duties of Pennsylvania State Police.

The Pennsylvania State Police shall:

(1) Establish and maintain a State registry of convicted

arsonists.

(2) In consultation with the Department of Corrections,

the Office of Attorney General and the Pennsylvania Board of

Probation and Parole, promulgate guidelines necessary for the

general administration of this act. The guidelines shall

establish procedures to allow convicted arsonists to fulfill

these requirements at approved registration sites throughout

this Commonwealth. The Pennsylvania State Police shall

publish a list of approved registration sites in the

Pennsylvania Bulletin and provide a list of approved

registration sites in any notice sent to convicted arsonists.

(3) Notify, within five days of receiving a convicted

arsonist's registration, the fire chief and the chief law

enforcement officer of the police department having primary

jurisdiction of the municipalities in which the convicted

arsonist resides or is enrolled as a student of the fact that

the convicted arsonist has been registered with the

Pennsylvania State Police under this act.

Section 10. Duties of Pennsylvania Board of Probation and

Parole.

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The Pennsylvania Board of Probation and Parole shall:

(1) Develop a notification form to inform State and

county prison and probation and parole personnel how to

inform a convicted arsonist of the convicted arsonist's

duties under this act.

(2) In cooperation with the Department of Corrections

and other Commonwealth agencies, obtain the following

information regarding a convicted arsonist:

(i) Name, including any aliases.

(ii) Identifying factors.

(iii) Anticipated future residence.

(iv) Offense history.

(v) Photograph of the convicted arsonist.

(3) Immediately transmit the information under paragraph

(2) to the Pennsylvania State Police for immediate entry into

the State registry of convicted arsonists.

Section 11. Availability of registration information.

The registration information obtained under this act shall

not be open to inspection by the public or by any person other

than a law enforcement officer, fire chief or individual charged

with the investigation of a fire.

Section 12. Applicability.

This act shall apply to individuals convicted or adjudicated

delinquent on or after the effective date of this section for an

offense requiring registration under this act.

Section 13. Effective date.

This act shall take effect in 60 days.

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