| |
| PRIOR PRINTER'S NO. 27 | PRINTER'S NO. 442 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY GREENLEAF, FOLMER, FONTANA, SCARNATI, RAFFERTY, ERICKSON, ORIE, BAKER, TARTAGLIONE, PIPPY, ALLOWAY, PILEGGI, WAUGH, WARD AND FARNESE, JANUARY 12, 2011 |
| |
| |
| SENATOR GREENLEAF, JUDICIARY, AS AMENDED, FEBRUARY 8, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for registration of sexual |
4 | offenders and for sentence for failure to comply with |
5 | registration of sexual offenders. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 4501 of Title 18 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding definitions to read: |
10 | § 4501. Definitions. |
11 | Subject to additional definitions contained in subsequent |
12 | provisions of this article which are applicable to specific |
13 | chapters or other provisions of this article, the following |
14 | words and phrases, when used in this article shall have, unless |
15 | the context clearly indicates otherwise, the meanings given to |
16 | them in this section: |
17 | * * * |
18 | "Registration information." As defined in 42 Pa.C.S. § 9792 |
19 | (relating to definitions). |
|
1 | "Sex offender registration law." As defined in 42 Pa.C.S. § |
2 | 9792 (relating to definitions). |
3 | Section 2. Section 4915(a) introductory paragraph, (2) and |
4 | (3), (b) and (c) of Title 18 are amended and subsection (a) is |
5 | amended by adding a paragraph to read: |
6 | § 4915. Failure to comply with registration of sexual offenders |
7 | requirements. |
8 | (a) Offense defined.--An individual who is subject to |
9 | registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to |
10 | registration) or [an individual who is subject to registration |
11 | under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to |
12 | registration under former 42 Pa.C.S § 9793 (relating to |
13 | registration of certain offenders for ten years) commits an |
14 | offense if he knowingly fails to: |
15 | * * * |
16 | (2) verify his [address] registration information or be |
17 | photographed as required under 42 Pa.C.S. § 9796 (relating to |
18 | verification of [residence] registration information); [or] |
19 | (3) provide accurate information when registering, |
20 | verifying or updating registration information under 42 |
21 | Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §] |
22 | 9796; or |
23 | (4) comply with any sexual offender counseling |
24 | conditions imposed by 42 Pa.C.S. § 9799.4 (relating to |
25 | counseling of sexually violent predators) as a result of |
26 | being designated a sexually violent predator or imposed under |
27 | a sex offender registration statute following conviction in |
28 | another jurisdiction. |
29 | (b) Grading for offenders [who must register for ten years] |
30 | without lifetime registration.-- |
|
1 | (2) Except as set forth in paragraph (3), an individual |
2 | subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1) |
3 | or former 42 Pa.C.S. § 9793, and required to register as an |
4 | offender for a period of time less than lifetime, who commits |
5 | a violation of subsection (a)(1) or (2) commits a felony of |
6 | the third degree. |
7 | (3) An individual subject to registration under 42 |
8 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
9 | required to register as an offender for a period of time less |
10 | than lifetime, who commits a violation of subsection (a)(1) |
11 | or (2) and who has previously been convicted of an offense |
12 | under subsection (a)(1) or (2) or a similar offense commits a |
13 | felony of the second degree. |
14 | (4) An individual subject to registration under 42 |
15 | Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and |
16 | required to register as an offender for a period of time less |
17 | than lifetime, who violates subsection (a)(3) commits a |
18 | felony of the second degree. |
19 | (c) Grading for sexually violent predators and others with |
20 | lifetime registration.-- |
21 | (2) Except as set forth in paragraph (3), an individual |
22 | subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2) |
23 | or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required |
24 | to register as a sexually violent predator or as an offender |
25 | for life, who commits a violation of subsection (a)(1) or (2) |
26 | commits a felony of the second degree. |
27 | (3) An individual subject to registration under 42 |
28 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
29 | Pa.C.S. § 9793, and required to register as a sexually |
30 | violent predator or as an offender for life, who commits a |
|
1 | violation of subsection (a)(1) or (2) and who has previously |
2 | been convicted of an offense under subsection (a)(1) or (2) |
3 | or a similar offense commits a felony of the first degree. |
4 | (4) An individual subject to registration under 42 |
5 | Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42 |
6 | Pa.C.S. § 9793, and required to register as a sexually |
7 | violent predator or as an offender for life, who violates |
8 | subsection (a)(3) commits a felony of the first degree. |
9 | (5) An individual subject to registration under 42 |
10 | Pa.C.S. § 9795.1(b) and required to register as a sexually |
11 | violent predator who violates subsection (a)(4) commits a |
12 | felony of the third degree. |
13 | * * * |
14 | Section 3. Section 9718.3(a) of Title 42 is amended to read: |
15 | § 9718.3. Sentence for failure to comply with registration of |
16 | sexual offenders. |
17 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
18 | follows: |
19 | (1) Sentencing upon conviction for a first offense shall |
20 | be as follows: |
21 | (i) Not less than two years for an individual who: |
22 | (A) was subject to registration under section |
23 | 9795.1(a) or (a.1) (relating to registration), former |
24 | section 9793 (relating to registration of certain |
25 | offenders for ten years) or a similar provision from |
26 | another jurisdiction; and |
27 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
28 | or (4) (relating to failure to comply with |
29 | registration of sexual offenders requirements). |
30 | (ii) Not less than three years for an individual |
|
1 | who: |
2 | (A) was subject to registration under section |
3 | 9795.1(a) or (a.1), former section 9793 or a similar |
4 | provision from another jurisdiction; and |
5 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
6 | (iii) Not less than three years for an individual |
7 | who: |
8 | (A) was subject to registration under section |
9 | 9795.1(b) or a similar provision from another |
10 | jurisdiction; and |
11 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
12 | or (4). |
13 | (iv) Not less than five years for an individual who: |
14 | (A) was subject to registration under section |
15 | 9795.1(b) or a similar provision from another |
16 | jurisdiction; and |
17 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
18 | (2) Sentencing upon conviction for a second or |
19 | subsequent offense shall be as follows: |
20 | (i) Not less than five years for an individual who: |
21 | (A) was subject to registration under section |
22 | 9795.1, former section 9793 or a similar provision |
23 | from another jurisdiction; and |
24 | (B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2) |
25 | or (4). |
26 | (ii) Not less than seven years for an individual |
27 | who: |
28 | (A) was subject to registration under section |
29 | 9795.1, former section 9793 or a similar provision |
30 | from another jurisdiction; and |
|
1 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
2 | * * * |
3 | Section 4. The definitions of "employed," "offender," |
4 | "passive notification," "residence" and "sexually violent |
5 | predator" in section 9792 of Title 42 are amended and the |
6 | section is amended by adding definitions to read: |
7 | § 9792. Definitions. |
8 | The following words and phrases when used in this subchapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | * * * |
12 | "Employed." Includes a vocation or employment that is full- |
13 | time or part-time for a period of time exceeding [14] four days |
14 | during a seven-day period or for an aggregate period of time |
15 | exceeding [30] 14 days during any calendar year, whether |
16 | financially compensated, volunteered, pursuant to a contract or |
17 | for the purpose of government or educational benefit. |
18 | * * * |
19 | "Offender." An individual required to register under section |
20 | 9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or |
21 | under former section 9793 (relating to registration of certain |
22 | offenders for ten years). The term includes an individual |
23 | considered to be an offender under section 9795.2(b) (relating |
24 | to registration procedures and applicability). |
25 | "Passive notification." Notification pursuant to section |
26 | 9798.1 (relating to information made available on the Internet |
27 | and electronic notification) or any process whereby persons, |
28 | pursuant to the laws of the United States or one of its |
29 | territories or possessions, another state, the District of |
30 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
|
1 | are able to access information pertaining to an individual [as a |
2 | result of the individual having been convicted or sentenced by a |
3 | court for an offense similar to an offense listed in section |
4 | 9795.1 (relating to registration)] under a sex offender |
5 | registration law in that jurisdiction. The term includes a |
6 | situation in which an individual is required to register under a |
7 | sex offender registration law in the jurisdiction where |
8 | convicted, sentenced, court martialed or adjudicated as a |
9 | juvenile and where access to that registration information is |
10 | limited to law enforcement only. |
11 | * * * |
12 | "Registration information." Information required under this |
13 | subchapter to be provided to the Pennsylvania State Police by an |
14 | offender or a sexually violent predator. |
15 | "Residence." A location where an individual resides or is |
16 | domiciled or intends to be domiciled for 30 [consecutive] |
17 | cumulative days or more during a calendar year. |
18 | "Sex offender registration law." Any of the following: |
19 | (1) This subchapter. |
20 | (2) A law in another jurisdiction which requires an |
21 | individual to register with a sex offender registry following |
22 | conviction or adjudication. |
23 | * * * |
24 | "Sexually violent predator." A person who has been convicted |
25 | of a sexually violent offense as set forth in section 9795.1 |
26 | (relating to registration) and who is determined to be a |
27 | sexually violent predator under section 9795.4 (relating to |
28 | assessments) due to a mental abnormality or personality disorder |
29 | that makes the person likely to engage in predatory sexually |
30 | violent offenses. The term includes: |
|
1 | (1) an individual determined to be a sexually violent |
2 | predator where the determination occurred in the United |
3 | States or one of its territories or possessions, another |
4 | state, the District of Columbia, the Commonwealth of Puerto |
5 | Rico, a foreign nation or by court martial; and |
6 | (2) an individual considered to be a sexually violent |
7 | predator under section 9795.2(b) (relating to registration |
8 | procedures and applicability). |
9 | * * * |
10 | Section 5. Section 9795.1(a) introductory paragraph of Title |
11 | 42 is amended, subsection (b) is amended by adding a paragraph |
12 | and the section is amended by adding a subsection to read: |
13 | § 9795.1. Registration. |
14 | (a) Ten-year registration.--[The] Except as set forth in |
15 | subsection (a.1) or (b), the following individuals shall be |
16 | required to register with the Pennsylvania State Police for a |
17 | period of ten years: |
18 | * * * |
19 | (a.1) Exception to ten-year registration.--Except as |
20 | provided under subsection (b), an individual considered to be an |
21 | offender pursuant to section 9795.2(b) (relating to registration |
22 | procedures and applicability) shall be required to register with |
23 | the Pennsylvania State Police for a period less than life, the |
24 | duration of which is to be determined under section 9795.2(b). |
25 | (b) Lifetime registration.--The following individuals shall |
26 | be subject to lifetime registration: |
27 | * * * |
28 | (5) An individual who is considered to be a sexually |
29 | violent predator under section 9795.2(b) or who is otherwise |
30 | required to register for life under section 9795.2(b). |
|
1 | * * * |
2 | Section 6. Section 9795.2(a)(1), (2) introductory paragraph, |
3 | (i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) introductory |
4 | paragraph and (5) introductory paragraph, (c)(1), (d) and (e) of |
5 | Title 42 are amended and subsection (a)(2) is amended by adding |
6 | subparagraphs to read: |
7 | § 9795.2. Registration procedures and applicability. |
8 | (a) Registration.-- |
9 | (1) Offenders and sexually violent predators shall be |
10 | required to register with the Pennsylvania State Police upon |
11 | release from incarceration, upon parole from a Federal, State |
12 | [or], county, municipal or private correctional [institution] |
13 | facility or upon the commencement of a sentence of |
14 | intermediate punishment or probation or any other sentence of |
15 | nonconfinement. For purposes of registration, offenders and |
16 | sexually violent predators shall provide the Pennsylvania |
17 | State Police with all current or intended residences[,]; all |
18 | information concerning current or intended employment [and]; |
19 | all information concerning current or intended enrollment as |
20 | a student[.]; and all information concerning vehicles owned |
21 | by, or registered to, the offender or sexually violent |
22 | predator. |
23 | (2) For purposes of this paragraph, offenders and |
24 | sexually violent predators shall appear at an approved |
25 | registration site to complete the form designated by the |
26 | Pennsylvania State Police to be used for purposes of |
27 | complying with this subchapter. In the case of an offender |
28 | entering or being released or transferred from a residential |
29 | reentry or correctional facility, the administrator of the |
30 | facility or his designee shall assist in completing the forms |
|
1 | designated by the Pennsylvania State Police to be used for |
2 | purposes of complying with this subchapter and, immediately |
3 | upon collection, forward all the forms to the Pennsylvania |
4 | State Police. Offenders and sexually violent predators shall |
5 | inform the Pennsylvania State Police within 48 hours of: |
6 | (i) Any establishment or change of residence or |
7 | establishment of an additional residence or residences. |
8 | (ii) [Any] Becoming employed or any change of |
9 | employer or employment location for a period of time that |
10 | will exceed [14] four days during a seven-day period or |
11 | for an aggregate period of time that will exceed [30] 14 |
12 | days during any calendar year, or termination of |
13 | employment. |
14 | * * * |
15 | (iv) Becoming [employed or] enrolled as a student if |
16 | the person has not previously provided that information |
17 | to the Pennsylvania State Police. |
18 | (v) Entering, being released or transferred from a |
19 | Federal, State, county, municipal or private correctional |
20 | facility, including a residential reentry facility, due |
21 | to arrest, detainer, parole violation, probation |
22 | violation or sentence of incarceration, if the person's |
23 | stay exceeds 48 hours. |
24 | (vi) No longer residing, being domiciled, employed |
25 | or being enrolled as a student in this Commonwealth. |
26 | (2.1) Registration with a new law enforcement agency |
27 | shall occur no later than 48 hours after establishing |
28 | residence in another state or after moving to another state |
29 | but not establishing a residence there. |
30 | (3) The [ten-year] registration period required in |
|
1 | section 9795.1(a) and (a.1) (relating to registration) shall |
2 | be tolled when an offender is [recommitted for a parole |
3 | violation or sentenced to an additional term of imprisonment] |
4 | incarcerated, and all time spent in incarceration shall not |
5 | be counted toward an offender's registration period. In such |
6 | cases, the [Department of Corrections or] Federal, State, |
7 | county, municipal or private correctional facility shall |
8 | notify the Pennsylvania State Police of the admission, |
9 | release and transfer of the offender. |
10 | (4) This paragraph shall apply to all offenders and |
11 | sexually violent predators: |
12 | (i) Where the offender or sexually violent predator |
13 | was granted parole by the Pennsylvania Board of Probation |
14 | and Parole or the court or is sentenced to probation |
15 | [or], intermediate punishment or a punishment not |
16 | involving confinement, the board or county office of |
17 | probation and parole shall collect registration |
18 | information from the offender or sexually violent |
19 | predator and forward that registration information to the |
20 | Pennsylvania State Police. [The Department of Corrections |
21 | or county] If an offender or a sexually violent predator |
22 | is incarcerated in a Federal, State, county, municipal or |
23 | private correctional facility, including a residential |
24 | reentry facility, the correctional facility shall not |
25 | release nor transfer the offender or sexually violent |
26 | predator until it receives verification from the |
27 | Pennsylvania State Police that [it has received] the |
28 | registration information has been received. Verification |
29 | by the Pennsylvania State Police may occur by electronic |
30 | means, including e-mail or facsimile transmission. Where |
|
1 | the offender or sexually violent predator is scheduled to |
2 | be released from a [State correctional facility or |
3 | county] correctional facility because of the expiration |
4 | of the maximum term of incarceration, the [Department of |
5 | Corrections or county] correctional facility shall |
6 | collect the information from the offender or sexually |
7 | violent predator no later than ten days prior to the |
8 | maximum expiration date. The registration information |
9 | shall, immediately upon collection, be forwarded to the |
10 | Pennsylvania State Police. |
11 | * * * |
12 | (b) Individuals convicted or sentenced by a court or |
13 | adjudicated delinquent in jurisdictions outside this |
14 | Commonwealth or sentenced by court martial.-- |
15 | (4) An individual who [resides, is employed or is a |
16 | student] is employed, intends to be employed, is a student, |
17 | intends to be a student, resides or enters this Commonwealth |
18 | with the purpose of establishing a residence in this |
19 | Commonwealth and who has been convicted of or sentenced by a |
20 | court or court martialed for a sexually violent offense or a |
21 | similar offense under the laws of the United States or one of |
22 | its territories or possessions, another state, the District |
23 | of Columbia, the Commonwealth of Puerto Rico or a foreign |
24 | nation, or who was required to register under a sexual |
25 | offender statute in the jurisdiction where convicted, |
26 | sentenced or court martialed, shall register at an approved |
27 | registration site within 48 hours of the individual's arrival |
28 | in this Commonwealth. The provisions of this subchapter shall |
29 | apply to the individual as follows: |
30 | * * * |
|
1 | (5) Notwithstanding the provisions of Chapter 63 |
2 | (relating to juvenile matters) and except as provided in |
3 | paragraph (4), an individual who [resides, is employed or is |
4 | a student] is employed, intends to be employed, is a student, |
5 | intends to be a student, resides or enters this Commonwealth |
6 | with the purpose of establishing a residence in this |
7 | Commonwealth and who is required to register as a sex |
8 | offender under the laws of the United States or one of its |
9 | territories or possessions, another state, the District of |
10 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
11 | as a result of a juvenile adjudication shall register at an |
12 | approved registration site within 48 hours of the |
13 | individual's arrival in this Commonwealth. The provisions of |
14 | this subchapter shall apply to the individual as follows: |
15 | * * * |
16 | (c) Registration information to local police.-- |
17 | (1) The Pennsylvania State Police shall provide the |
18 | information obtained under this section and sections [9795.3] |
19 | 9795.3(a) (relating to sentencing court information) and 9796 |
20 | (relating to verification of [residence] registration |
21 | information) to the chief law enforcement officers of the |
22 | police departments of the municipalities in which the |
23 | individual will reside, be employed or enrolled as a student. |
24 | In addition, the Pennsylvania State Police shall provide this |
25 | officer with the address at which the individual will reside, |
26 | be employed or enrolled as a student following his release |
27 | from incarceration, parole or probation. |
28 | * * * |
29 | (d) Penalty.--An individual subject to registration under |
30 | former section 9793 (relating to registration of certain |
|
1 | offenders for ten years) or section [9795.1(a) or (b)] 9795.1 |
2 | who fails to register or verify or update registration |
3 | information with the Pennsylvania State Police as required by |
4 | this section may be subject to prosecution under 18 Pa.C.S. § |
5 | 4915 (relating to failure to comply with registration of sexual |
6 | offenders requirements). |
7 | (e) Registration sites.--An individual subject to [section |
8 | 9795.1] this subchapter shall register and submit to |
9 | fingerprinting and photographing as required by this subchapter |
10 | at approved registration sites. |
11 | Section 7. Sections 9795.3 and 9796 heading, (a), (b) and |
12 | (e) and 9798(a)(1) of Title 42 are amended to read: |
13 | § 9795.3. Sentencing court information. |
14 | (a) Duty of sentencing court.--The sentencing court shall |
15 | inform offenders and sexually violent predators at the time of |
16 | sentencing of the provisions of this subchapter. The court |
17 | shall: |
18 | (1) Specifically inform the offender or sexually violent |
19 | predator of the duty to register and provide the information |
20 | required for each registration, including verification as |
21 | required in section 9796(a) (relating to verification of |
22 | [residence)] registration information). |
23 | (2) Specifically inform the offender or sexually violent |
24 | predator of the duty to inform the Pennsylvania State Police |
25 | within [ten days] 48 hours if the offender or sexually |
26 | violent predator changes or establishes a residence or |
27 | establishes an additional residence or residences, changes |
28 | employer or employment location for a period of time that |
29 | will exceed [14 days] four days during any seven-day period |
30 | or for an aggregate period of time that will exceed [30] 14 |
|
1 | days during any calendar year or terminates employment or |
2 | changes institution or location at which the person is |
3 | enrolled as a student or terminates enrollment. |
4 | (2.1) Specifically inform the offender or sexually |
5 | violent predator of the duty to inform the Pennsylvania State |
6 | Police within [ten days] 48 hours of becoming employed or |
7 | enrolled as a student if the [person] offender or sexually |
8 | violent predator has not previously provided that information |
9 | to the Pennsylvania State Police. |
10 | (3) Specifically inform the offender or sexually violent |
11 | predator of the duty to register with a new law enforcement |
12 | agency if the offender or sexually violent predator moves to |
13 | another state no later than [ten days] 48 hours after |
14 | establishing residence in another state. |
15 | (4) Order the fingerprints and photograph of the |
16 | offender or sexually violent predator to be provided to the |
17 | Pennsylvania State Police upon sentencing. |
18 | (5) Specifically inform the offender or sexually violent |
19 | predator of the duty to register with the appropriate |
20 | authorities in any state in which the offender or sexually |
21 | violent predator is employed, carries on a vocation or is a |
22 | student if the state requires such registration. |
23 | (6) Require the offender or sexually violent predator to |
24 | read and sign a form stating that the duty to register under |
25 | this subchapter has been explained. Where the offender or |
26 | sexually violent predator is incapable of reading, the court |
27 | shall certify the duty to register was explained to the |
28 | offender or sexually violent predator and the offender or |
29 | sexually violent predator indicated an understanding of the |
30 | duty. |
|
1 | (b) Failure to provide.--Failure on the part of the court to |
2 | provide a sexually violent predator or offender with information |
3 | under this section shall not relieve that predator or offender |
4 | from the requirements of this subchapter. |
5 | § 9796. Verification of [residence] registration information. |
6 | (a) Quarterly verification by sexually violent predators.-- |
7 | The Pennsylvania State Police shall verify the [residence] |
8 | registration information and compliance with counseling as |
9 | provided for in section 9799.4 (relating to counseling of |
10 | sexually violent predators) of sexually violent predators every |
11 | 90 days through the use of a nonforwardable verification form to |
12 | the last reported residence. For the period of registration |
13 | required by section 9795.1 (relating to registration), a |
14 | sexually violent predator shall appear quarterly between January |
15 | 5 and January 15, April 5 and April 15, July 5 and July 15 and |
16 | October 5 and October 15 of each calendar year at an approved |
17 | registration site to complete a verification form and to be |
18 | photographed. |
19 | * * * |
20 | (b) Annual verification by offenders.--The Pennsylvania |
21 | State Police shall verify the [residence] registration |
22 | information of offenders. For the period of registration |
23 | required by section 9795.1, an offender shall appear within ten |
24 | days before each annual anniversary date of the offender's |
25 | initial registration under former section 9793 (relating to |
26 | registration of certain offenders for ten years) or section |
27 | 9795.1 at an approved registration site to complete a |
28 | verification form and to be photographed. |
29 | * * * |
30 | (e) Penalty.--An individual subject to registration under |
|
1 | former section 9793 or section 9795.1(a) or (b) who fails to |
2 | verify his [residence] registration information or to be |
3 | photographed as required by this section may be subject to |
4 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
5 | comply with registration of sexual offenders requirements). |
6 | * * * |
7 | § 9798. Other notification. |
8 | (a) Notice by municipality's chief law enforcement |
9 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
10 | Ch. 91 (relating to criminal history record information), the |
11 | chief law enforcement officer of the full-time or part-time |
12 | police department of the municipality where a sexually violent |
13 | predator lives shall be responsible for providing written notice |
14 | as required under this section. |
15 | (1) The notice shall contain: |
16 | (i) The name of the convicted sexually violent |
17 | predator. |
18 | (ii) The address or addresses at which [he] the |
19 | sexually violent predator resides. |
20 | (ii.1) The municipality, county and zip code in |
21 | which the sexually violent predator is employed. |
22 | (iii) The offense for which [he] the sexually |
23 | violent predator was convicted, sentenced by a court, |
24 | adjudicated delinquent or court martialed. |
25 | (iv) A statement that [he] the sexually violent |
26 | predator has been determined by court order to be a |
27 | sexually violent predator, which determination has or has |
28 | not been terminated as of a date certain. |
29 | (v) A photograph of the sexually violent predator, |
30 | if available. |
|
1 | * * * |
2 | Section 8. Section 9798.1 heading, (a) and (c)(1) of Title |
3 | 42 are amended, subsection (c) is amended by adding a paragraph |
4 | and the section is amended by adding a subsection to read: |
5 | § 9798.1. Information made available on the Internet and |
6 | electronic notification. |
7 | (a) Legislative findings.--It is hereby declared to be the |
8 | finding of the General Assembly that public safety will be |
9 | enhanced by making information about sexually violent predators, |
10 | lifetime registrants and other sex offenders available to the |
11 | public through the Internet and electronic notification. |
12 | Knowledge of whether a person is a sexually violent predator, |
13 | lifetime registrant or other sex offender could be a significant |
14 | factor in protecting oneself and one's family members, or those |
15 | in care of a group or community organization, from recidivist |
16 | acts by sexually violent predators, lifetime registrants and |
17 | other sex offenders. The technology afforded by the Internet and |
18 | other electronic notification would make this information |
19 | readily accessible to parents and private entities, enabling |
20 | them to undertake appropriate remedial precautions to prevent or |
21 | avoid placing potential victims at risk. Public access to |
22 | information about sexually violent predators, lifetime |
23 | registrants and other sex offenders is intended solely as a |
24 | means of public protection and shall not be construed as |
25 | punitive. |
26 | * * * |
27 | (c) Information permitted to be disclosed regarding |
28 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
29 | criminal history record information), the Internet website shall |
30 | contain the following information on each individual: |
|
1 | (1) For sexually violent predators, the following |
2 | information shall be posted on the Internet website: |
3 | * * * |
4 | (vi) [a photograph] multiple frontal view color |
5 | photographs of the offender, which shall be updated not |
6 | less than annually, the specific date each photograph was |
7 | taken and, for comparative purposes, the most current and |
8 | the most recent previously posted frontal photographs |
9 | taken of the offender; |
10 | * * * |
11 | (3) If an offender fails to appear for his required |
12 | annual registration information verification or a sexually |
13 | violent predator fails to appear for his required quarterly |
14 | registration information verification, the Internet website |
15 | shall include: |
16 | (i) A statement prominently displayed on the |
17 | offender or sexually violent predator's Internet website |
18 | listing indicating that the offender or predator is not |
19 | current with the registration information verification |
20 | requirements of this chapter. |
21 | (ii) If applicable, a prominent notice indicating |
22 | that the offender or sexually violent predator has |
23 | absconded. |
24 | * * * |
25 | (e) Electronic notification option.--Notwithstanding 18 |
26 | Pa.C.S. Ch. 91 (relating to criminal history record |
27 | information), the Pennsylvania State Police shall develop and |
28 | implement a process which allows members of the public to |
29 | receive electronic notification when any registered offender |
30 | moves into or out of a user-designated location. |
|
1 | Section 9. Section 9799(1) of Title 42 is amended to read: |
2 | § 9799. Immunity for good faith conduct. |
3 | The following entities shall be immune from liability for |
4 | good faith conduct under this subchapter: |
5 | (1) The Pennsylvania State Police [and], local law |
6 | enforcement agencies, and agents and employees of the |
7 | Pennsylvania State Police and local law enforcement agencies. |
8 | * * * |
9 | Section 10. Section 9799.1 heading, (2) and (4) of Title 42 |
10 | are amended and the section is amended by adding paragraphs to |
11 | read: |
12 | § 9799.1. [Duties of] Pennsylvania State Police. |
13 | The Pennsylvania State Police shall: |
14 | * * * |
15 | (2) In consultation with the Department of Corrections, |
16 | the Office of Attorney General, the Pennsylvania Board of |
17 | Probation and Parole and the chairman and the minority |
18 | chairman of the Judiciary Committee of the Senate and the |
19 | chairman and the minority chairman of the Judiciary Committee |
20 | of the House of Representatives, promulgate guidelines |
21 | necessary for the general administration of this subchapter. |
22 | These guidelines shall establish procedures to allow an |
23 | individual subject to the requirements of sections 9795.1 |
24 | (relating to registration) and 9796 (relating to verification |
25 | of [residence] registration information) to fulfill these |
26 | requirements at approved registration sites throughout this |
27 | Commonwealth. The Pennsylvania State Police shall publish a |
28 | list of approved registration sites in the Pennsylvania |
29 | Bulletin and provide a list of approved registration sites in |
30 | any notices sent to individuals required to register under |
|
1 | section 9795.1. An approved registration site shall be |
2 | capable of submitting fingerprints, photographs and any other |
3 | information required electronically to the Pennsylvania State |
4 | Police. The Pennsylvania State Police shall require that |
5 | approved registration sites submit fingerprints utilizing the |
6 | Integrated Automated Fingerprint Identification System or in |
7 | another manner and in such form as the Pennsylvania State |
8 | Police shall require. The Pennsylvania State Police shall |
9 | require that approved registration sites submit photographs |
10 | utilizing the Commonwealth Photo Imaging Network or in |
11 | another manner and in such form as the Pennsylvania State |
12 | Police shall require. Approved registration sites shall not |
13 | be limited to sites managed by the Pennsylvania State Police |
14 | and shall include sites managed by local law enforcement |
15 | agencies that meet the criteria for approved registration |
16 | sites set forth in this paragraph. |
17 | * * * |
18 | (4) Notify, within five business days of receiving the |
19 | offender's or the sexually violent predator's registration, |
20 | the chief law enforcement officers of the police departments |
21 | having primary jurisdiction of the municipalities in which an |
22 | offender or sexually violent predator resides, is employed or |
23 | enrolled as a student of the fact that the offender or |
24 | sexually violent predator has been registered with the |
25 | Pennsylvania State Police pursuant to sections 9795.2 |
26 | (relating to registration procedures and applicability) and |
27 | 9796 (relating to verification of [residence] registration |
28 | information). |
29 | * * * |
30 | (7) The Pennsylvania State Police shall have standing |
|
1 | and shall be a party in any of the following: |
2 | (i) A proceeding brought by an individual registered |
3 | under former section 9793 (relating to registration of |
4 | certain offenders for ten years) or section 9795.1 to be |
5 | removed from, or contesting their inclusion in, the State |
6 | registry of sexual offenders and sexually violent |
7 | predators. |
8 | (ii) A proceeding to modify a court order concerning |
9 | the terms of an individual's registration under former |
10 | section 9793 or section 9795.1. |
11 | (8) The Pennsylvania State Police may certify and send |
12 | to an authorized user, by electronic transmission or |
13 | otherwise, a certification of record or abstract of records |
14 | maintained by the Pennsylvania State Police regarding the |
15 | registration of an offender under this subchapter. |
16 | Permissible uses shall include certifications of an offenders |
17 | initial registration and verification history and history of |
18 | nonregistration or nonverification. The Pennsylvania State |
19 | Police may also certify electronically any documents |
20 | certified to it electronically. Authorized users shall |
21 | include State and local police, district attorneys, agents |
22 | and employees of the Pennsylvania State Police and the Office |
23 | of Attorney General and other persons or entities determined |
24 | by the Pennsylvania State Police and listed by notice in the |
25 | Pennsylvania Bulletin. In any proceeding before the courts or |
26 | administrative bodies of this Commonwealth, documents |
27 | certified by the Pennsylvania State Police under this section |
28 | and offered into evidence by an authorized user shall be |
29 | admissible into evidence. |
30 | Section 11. Sections 9799.4 and 9799.9 of Title 42 are |
|
1 | amended to read: |
2 | § 9799.4. Counseling of sexually violent predators. |
3 | (a) Attendance required.--For the period of registration |
4 | required by section 9795.1(b) (relating to registration), a |
5 | sexually violent predator shall be required to attend at least |
6 | monthly counseling sessions in a program approved by the board |
7 | and be financially responsible for all fees assessed from such |
8 | counseling sessions. The board shall monitor the compliance of |
9 | the sexually violent predator. |
10 | (b) Indigence.--If the sexually violent predator can prove |
11 | to the satisfaction of the court that the person's income and |
12 | support is such that the person cannot afford to pay for the |
13 | counseling sessions, that person shall still attend the |
14 | counseling sessions and the [parole office] Pennsylvania Board |
15 | of Probation and Parole shall pay the requisite fees. The court |
16 | may create a standard petition for indigence for use by sexually |
17 | violent predators and the Pennsylvania Board of Probation and |
18 | Parole in the courts of this Commonwealth. Filing fees for the |
19 | determinations shall be waived. Upon request of the Pennsylvania |
20 | Board of Probation and Parole, a sexually violent predator's |
21 | indigence status shall be reviewed by the court and a |
22 | determination shall be made by the court whether the individual |
23 | will remain eligible for funded counseling sessions. |
24 | § 9799.9. Photographs and fingerprinting. |
25 | An individual subject to former section 9793 (relating to |
26 | registration of certain offenders for ten years) or section |
27 | 9795.1 (relating to registration) shall submit to fingerprinting |
28 | and photographing as required by this subchapter at approved |
29 | registration sites. Fingerprinting as required by this |
30 | subchapter shall, at a minimum, require submission of a full set |
|
1 | of fingerprints. Photographing as required by this subchapter |
2 | shall, at a minimum, require submission to photographs of the |
3 | face and any scars, marks, tattoos or other unique features of |
4 | the individual. Fingerprints and photographs obtained under this |
5 | subchapter may be maintained for use under this subchapter and |
6 | for general law enforcement purposes. |
7 | Section 12. This act shall apply to the following: |
8 | (1) All individuals required to register under 42 |
9 | Pa.C.S. Ch. 97 Subch. H on or after the effective date of |
10 | this section. |
11 | (2) All individuals required to register under 42 |
12 | Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to |
13 | the effective date of this section and whose registration has |
14 | not expired prior to the effective date of this section. |
15 | Section 13. This act shall take effect as follows: |
16 | (1) The amendment or addition of 18 Pa.C.S. §§ 4501 and |
17 | 4915(a) introductory paragraph, (2), (3) and (4), (b)(2), (3) |
18 | and (4) and (c)(2), (3), (4) and (5) and 42 Pa.C.S. § | <-- |
19 | 9718.3(a) shall take effect in 60 days. |
20 | (2) The amendment or addition of 42 Pa.C.S. § 9798.1 |
21 | heading, (a) and (c)(3) shall take effect in 180 days. |
22 | (3) The amendment of 42 Pa.C.S. § 9798.1(c)(1)(vi) shall |
23 | take effect in one year. |
24 | (4) The addition of 42 Pa.C.S. § 9798.1(e) shall take |
25 | effect July 1, 2011, or immediately, whichever is later. |
26 | (5) The remainder of this act shall take effect |
27 | immediately. |
|