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PRINTER'S NO. 2759
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2341
Session of
2022
INTRODUCED BY MATZIE, PISCIOTTANO, SNYDER, A. DAVIS, DELLOSO,
MERSKI, PENNYCUICK, T. DAVIS, SCHLOSSBERG, McNEILL, DeLUCA,
BROOKS, MERCURI, WELBY, CIRESI, GILLEN, HEFFLEY, DEASY AND
MARSHALL, MARCH 8, 2022
REFERRED TO COMMITTEE ON HEALTH, MARCH 8, 2022
AN ACT
Imposing duties on certain care facilities relating to residents
and applicants who are registered sexual offenders; and
providing for duties of Department of Health.
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 Care Facility
Resident Protection from Registered Sexual Offenders Act.
Section 2. 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:
"Applicant." An individual who applies to become a resident.
"Care facility." A long-term care facility licensed by the
Commonwealth.
"Department." The Department of Health of the Commonwealth.
"Registered sexual offender." An individual whose name
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appears in one of the registries.
"Registries." The Statewide Registry of Sexual Offenders
established by 42 Pa.C.S. ยง 9799.16(a) (relating to registry)
and the Dru Sjodin National Sex Offender Public Website
established by section 120 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).
"Resident." An individual who resides in or receives
services from a care facility.
Section 3. Care facility duties.
(a) Development of plan.--A care facility shall develop a
plan, in accordance with this act, to determine whether a
current resident or applicant is a registered sexual offender
and to protect residents from potential abuse by the current
resident or applicant.
(b) Registry searches.--
(1) Within 30 days of the effective date of this
section, a care facility shall search the registries to
determine whether a current resident at the care facility is
a registered sexual offender.
(2) Prior to accepting or admitting an applicant, a care
facility shall search the registries to determine whether the
applicant is a registered sexual offender.
(c) Notifications.--
(1) If the care facility determines that a current
resident or applicant is a registered sexual offender, the
care facility shall:
(i) Notify the care facility's staff and a family
member, legal guardian or contact person for each
resident within 120 feet of a registered sexual offender
that a registered sexual offender is, or is being
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admitted as, a resident and provide a description of the
plan developed under subsection (a).
(ii) Direct the current resident or applicant to
update the current resident's or applicant's information
in the registries. If the current resident or applicant
is unable to update the information without assistance,
the care facility shall provide appropriate assistance.
(iii) Report to the department that the current
resident or applicant is a registered sexual offender and
provide relevant information in a manner required by the
department.
(2) A care facility shall provide current and incoming
residents with instruction on how to access the registries.
(3) A care facility that has determined a resident is a
registered sexual offender shall notify the department of a
change in the resident's address.
Section 4. Departmental duty.
The department shall establish, periodically update and
maintain on the department's publicly accessible Internet
website a searchable database containing the names of current
residents and applicants reported to the department under
section 3(c)(3).
Section 5. Regulations.
The department shall promulgate rules and regulations
necessary to administer this act.
Section 6. Effective date.
This act shall take effect as follows:
(1) Section 4 shall take effect in 90 days.
(2) The remainder of this act shall take effect
immediately.
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