Bill Text: PA HB184 | 2013-2014 | Regular Session | Introduced
Bill Title: Further providing for rape and for involuntary deviate sexual intercourse; providing for loss of property rights by certain offenders and for conduct relating to sex offenders; further providing for failure to comply with sexual offender registration requirements; defining "GPS" and "GPS tracking device"; further providing for registration and for registration procedures and applicability; providing for GPS tracking, for restricted travel, for alert system and for child protective zones; and further providing for offenses against infant persons, for information made available on the Internet and for global positioning system technology.
Spectrum: Slight Partisan Bill (Republican 19-10)
Status: (Introduced - Dead) 2013-01-22 - Referred to JUDICIARY [HB184 Detail]
Download: Pennsylvania-2013-HB184-Introduced.html
| PRINTER'S NO. 192 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 184 | Session of 2013 |
INTRODUCED BY PAYNE, C. HARRIS, HAGGERTY, MILLARD, KNOWLES, FABRIZIO, READSHAW, KAUFFMAN, CONKLIN, HARHART, SWANGER, SIMMONS, V. BROWN, BOBACK, HESS, GOODMAN, TALLMAN, KORTZ, GILLEN, PETRI, R. BROWN, MILNE, HICKERNELL, DENLINGER, MOUL, MATZIE, MURT AND DEASY, JANUARY 22, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 22, 2013
AN ACT
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for rape and for involuntary
4deviate sexual intercourse; providing for loss of property
5rights by certain offenders and for conduct relating to sex
6offenders; further providing for failure to comply with
7sexual offender registration requirements; defining "GPS" and
8"GPS tracking device"; further providing for registration and
9for registration procedures and applicability; providing for
10GPS tracking, for restricted travel, for alert system and for
11child protective zones; and further providing for offenses
12against infant persons, for information made available on the
13Internet and for global positioning system technology.
14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:
16Section 1. Sections 3121(e) and 3123(d) of Title 18 of the
17Pennsylvania Consolidated Statutes are amended and the sections
18are amended by adding subsections to read:
19§ 3121. Rape.
20* * *
21(e) Sentences.--Notwithstanding the provisions of section
221103 (relating to sentence of imprisonment for felony), except
1as set forth in subsection (f), a person convicted of an offense
2under:
3(1) Subsection (c) shall be sentenced to a term of
4imprisonment which shall be fixed by the court at not less
5than 25 years nor more than [40] 75 years.
6(2) Subsection (d) shall be sentenced [up] to a minimum
7term of 50 years and a maximum term of life imprisonment with
8no possibility of parole.
9(f) Multiple victims.--A consecutive term of imprisonment
10shall be imposed for each victim of an offense under subsection
11(c) or (d).
12§ 3123. Involuntary deviate sexual intercourse.
13* * *
14(d) Sentences.--Notwithstanding the provisions of section
151103 (relating to sentence of imprisonment for felony), except
16as set forth in subsection (d.1), a person convicted of an
17offense under:
18(1) Subsection (b) shall be sentenced to a term of
19imprisonment which shall be fixed by the court at not less
20than 25 years nor more than [40] 75 years.
21(2) Subsection (c) shall be sentenced [up] to a minimum
22term of 50 years and to a maximum term of life imprisonment
23with no possibility of parole.
24(d.1) Multiple victims.--A consecutive term of imprisonment
25shall be imposed for each victim of an offense under subsection
26(b) or (c).
27* * *
28Section 2. Section 4915(b) of Title 18 is amended to read:
29§ 4915. Failure to comply with registration of sexual offenders
30requirements.
1* * *
2(b) Grading for offenders who must register for ten years.--
3(2) Except as set forth in paragraph (3), an individual
4subject to registration under 42 Pa.C.S. § 9795.1(a) who
5commits a violation of subsection (a)(1) [or (2)], (2) or (3)
6commits a felony of the [third] second degree.
7(3) An individual subject to registration under 42
8Pa.C.S. § 9795.1(a) who commits a violation of subsection (a)
9(1) [or (2)], (2) or (3) and who has previously been
10convicted of an offense under subsection (a)(1) or (2) or a
11similar offense commits a felony of the [second] first
12degree.
13[(4) An individual subject to registration under 42
14Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
15felony of the second degree.]
16* * *
17Section 3. Section 9718 heading and (a) of Title 42 are
18amended to read:
19§ 9718. Sentences for offenses against [infant persons]
20children.
21(a) Mandatory sentence.--
22(1) A person convicted of the following offenses when
23the victim is under 16 years of age shall be sentenced to a
24mandatory term of imprisonment as follows:
2518 Pa.C.S. § 2702(a)(1) and (4) (relating to
26aggravated assault) - not less than [two years.] ten
27years for a first offense, 20 years for a second offense
28or 40 years for a third offense.
2918 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5)
30(relating to rape) - not less than ten years for a first
1offense, 20 years for a second offense or 40 years for a
2third offense.
318 Pa.C.S. § 3123 (relating to involuntary deviate
4sexual intercourse) - not less than ten years for a first
5offense, 20 years for a second offense or 40 years for a
6third offense.
718 Pa.C.S. § 3125(a)(1) through (6) (relating to
8aggravated indecent assault) - not less than [five years]
9ten years for a first offense, 20 years for a second
10offense or 40 years for a third offense.
11(2) A person convicted of the following offenses when
12the victim is less than 13 years of age shall be sentenced to
13a mandatory term of imprisonment as follows:
1418 Pa.C.S. § 2702(a)(1) - not less than [five years]
15ten years for a first offense, 20 years for a second
16offense or 40 years for a third offense.
17(3) A person convicted of the following offenses shall
18be sentenced to a mandatory term of imprisonment as follows:
1918 Pa.C.S. § 3121(c) and (d) - not less than ten
20years for a first offense, 20 years for a second offense
21or 40 years for a third offense.
2218 Pa.C.S. § 3125(a)(7) - not less than [five years]
23ten years for a first offense, 20 years for a second
24offense or 40 years for a third offense.
2518 Pa.C.S. § 3125(b) - not less than ten years[.] for
26a first offense, 20 years for a second offense or 40
27years for a third offense.
28(4) An offender designated as a "sexually violent
29predator" as defined in section 9792 (relating to
30definitions) who commits any of the offenses in paragraph (1)
1or (2) shall be sentenced to a mandatory term of imprisonment
2as follows: 25 years for a first offense, 50 years for a
3second offense or 75 years for a third offense.
4* * *
5Section 4. Section 9792 of Title 42 is amended by adding
6definitions to read:
7§ 9792. Definitions.
8The following words and phrases when used in this subchapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:
11* * *
12"GPS." A global positioning system operated by the United
13States Department of Defense which provides specially coded
14satellite signals that can be processed by a receiver to compute
15location.
16"GPS tracking device." A device which enables the location
17of the offender to be monitored through use of GPS and related
18technology and which is designed so that it:
19(1) actively and continuously monitors, identifies and
20reports location data within a 100-mile radius;
21(2) permits the Pennsylvania State Police and any local
22police department to receive location data, record it
23securely and confidentially and retain it indefinitely;
24(3) can be worn around the wrist or ankle; and
25(4) cannot be removed without:
26(i) employing specialized equipment specifically
27designed for that purpose; and
28(ii) alerting the Pennsylvania State Police and each
29local police department that it has been removed.
30* * *
1Section 5. Section 9795.2 heading, (a) and (d) of Title 42
2are amended and the section is amended by adding subsections to
3read:
4§ 9795.2. Registration procedures [and], applicability,
5probationary supervision, alert system and child
6protection zone.
7(a) Registration.--
8(1) Offenders and sexually violent predators shall be
9required to register with the Pennsylvania State Police upon
10release from incarceration, upon parole from a State or
11county correctional institution or upon the commencement of a
12sentence of intermediate punishment or probation. For
13purposes of registration, offenders and sexually violent
14predators shall provide the Pennsylvania State Police with
15all current or intended residences[,]. If the offender or
16sexually violent predator's place of residence is a motor
17vehicle, trailer, mobile home or manufactured home, the
18offender or sexually violent predator shall also provide the
19vehicle identification number, the license tag number, the
20registration number and a description, including color
21scheme, of the motor vehicle, trailer, mobile home or
22manufactured home. If the offender or sexually violent
23predator's place of residence is a vessel, live-aboard vessel
24or houseboat, the offender or sexually violent predator shall
25also provide the hull identification number, the
26manufacturer's serial number, the name of the vessel, live-
27aboard vessel or houseboat, the registration number and a
28description, including color scheme, of the vessel, live-
29aboard vessel or houseboat. The registration process also
30requires offenders and sexually violent predators to disclose
1all information concerning current or intended employment and
2all information concerning current or intended enrollment as
3a student.
4(2) Offenders and sexually violent predators shall
5inform the Pennsylvania State Police within 48 hours of:
6(i) Any change of residence or establishment of an
7additional residence or residences.
8(ii) Any change of employer or employment location
9for a period of time that will exceed 14 days or for an
10aggregate period of time that will exceed 30 days during
11any calendar year, or termination of employment.
12(iii) Any change of institution or location at which
13the person is enrolled as a student, or termination of
14enrollment.
15(iv) Becoming employed or enrolled as a student if
16the person has not previously provided that information
17to the Pennsylvania State Police.
18(2.1) Registration with a new law enforcement agency
19shall occur no later than 48 hours after establishing
20residence in another state.
21(2.2) Persons required to comply with registration
22provisions pursuant to a conviction for a sexual offense
23under the laws of the United States or one of its territories
24or possessions, another state, the District of Columbia, the
25Commonwealth of Puerto Rico or a foreign nation shall
26register with the Pennsylvania State Police no later than 48
27hours after establishing residence in this Commonwealth.
28(3) The ten-year registration period required in section
299795.1(a) (relating to registration) shall be tolled when an
30offender is recommitted for a parole violation or sentenced
1to an additional term of imprisonment. In such cases, the
2Department of Corrections or county correctional facility
3shall notify the Pennsylvania State Police of the admission
4of the offender.
5(4) This paragraph shall apply to all offenders and
6sexually violent predators:
7(i) Where the offender or sexually violent predator
8was granted parole by the Pennsylvania Board of Probation
9and Parole or the court or is sentenced to probation or
10intermediate punishment, the board or county office of
11probation and parole shall collect registration
12information from the offender or sexually violent
13predator and forward that registration information to the
14Pennsylvania State Police. The Department of Corrections
15or county correctional facility shall not release the
16offender or sexually violent predator until it receives
17verification from the Pennsylvania State Police that it
18has received the registration information. Verification
19by the Pennsylvania State Police may occur by electronic
20means, including e-mail or facsimile transmission. Where
21the offender or sexually violent predator is scheduled to
22be released from a State correctional facility or county
23correctional facility because of the expiration of the
24maximum term of incarceration, the Department of
25Corrections or county correctional facility shall collect
26the information from the offender or sexually violent
27predator no later than ten days prior to the maximum
28expiration date. The registration information shall be
29forwarded to the Pennsylvania State Police.
30(ii) Where the offender or sexually violent predator
1scheduled to be released from a State correctional
2facility or county correctional facility due to the
3maximum expiration date refuses to provide the
4registration information, the Department of Corrections
5or county correctional facility shall notify the
6Pennsylvania State Police or police department with
7jurisdiction over the facility of the failure to provide
8registration information and of the expected date, time
9and location of the release of the offender or sexually
10violent predator.
11* * *
12(c.1) GPS tracking device.--
13(1) Upon classification as a sexually violent predator,
14the sexually violent predator shall be fitted with a GPS
15tracking device and subject to GPS monitoring.
16(2) An individual subject to registration under section
179795.1(a) or (b) and who fails to register with the
18Pennsylvania State Police in violation of 18 Pa.C.S. § 4915
19(relating to failure to comply with registration of sexual
20offenders requirements) shall be fitted with a GPS tracking
21device and subject to GPS monitoring.
22(3) Any individual fitted with a GPS tracking device
23pursuant to this section shall be supervised by the
24appropriate probation or parole authority or the Pennsylvania
25State Police.
26(4) The Pennsylvania State Police shall combine data
27collected by use of GPS tracking devices and retain the data
28in a single database which can be searched by date, time and
29location. Information in the database is confidential and
30shall be accessed only by authorized law enforcement
1personnel in connection with official investigation of cases
2in which the status of an individual fitted with a GPS
3tracking device may be relevant to the investigation.
4(d) Penalty.--
5(1) An individual subject to registration under section
69795.1(a) or (b) who fails to register with the Pennsylvania
7State Police as required by this section may be subject to
8prosecution under 18 Pa.C.S. § 4915 [(relating to failure to
9comply with registration of sexual offenders requirements)].
10(2) An individual who is required to wear a GPS tracking
11device under subsection (c.1) and who, without a court order,
12removes, alters, tampers with, interferes with the operation
13of, damages or destroys a GPS tracking device commits a
14felony of the third degree.
15(3) An individual who fails to immediately notify the
16nearest police department that a sexually violent predator's
17GPS tracking device has been removed commits a felony of the
18third degree.
19* * *
20(f) Travel restricted.--No person subject to section 9795.1
21who is on parole, commencing a sentence of intermediate
22punishment or subject to probationary supervision shall be
23permitted to travel out of the person's county of residence
24without specific permission of the court of record.
25(g) Alert system.--The Pennsylvania State Police shall
26establish and maintain an alert system which provides prompt
27notification to the general public and law enforcement
28authorities and assists in identifying and locating persons
29subject to GPS tracking who fail to register as required by this
30chapter or who violate subsection (d)(2) or (h). The
1Pennsylvania State Police shall establish such protocols and
2procedures as are necessary for the effective operation of the
3alert system and shall educate and inform local law enforcement
4agencies and the public with regard to its availability. Owners,
5licensees, operators and employees of any communication medium,
6including telephone, radio, television, newspaper, digital
7communications network or global communications network shall be
8immune from civil liability for good faith conduct while
9participating in accordance with this subsection.
10(h) Child protective zone.--A person subject to the
11registration requirements of section 9795.1 who intentionally or
12knowingly enters into an area within 2,000 feet of a school,
13playground, beach, park or day-care center commits a felony of
14the third degree.
15Section 6. Sections 9798.1 and 9798.3 of Title 42 are
16amended to read:
17§ 9798.1. Information made available on the Internet.
18(a) Legislative findings.--It is hereby declared to be the
19finding of the General Assembly that public safety will be
20enhanced by making information about sexually violent predators,
21lifetime registrants and other sex offenders available to the
22public through the Internet. Knowledge of whether a person is a
23sexually violent predator, lifetime registrant or other sex
24offender could be a significant factor in protecting oneself and
25one's family members, or those in care of a group or community
26organization, from recidivist acts by sexually violent
27predators, lifetime registrants and other sex offenders. The
28technology afforded by the Internet would make this information
29readily accessible to parents and private entities, enabling
30them to undertake appropriate remedial precautions to prevent or
1avoid placing potential victims at risk. Public access to
2information about sexually violent predators, lifetime
3registrants and other sex offenders is intended solely as a
4means of public protection and shall not be construed as
5punitive.
6(b) Internet posting of sexually violent predators, lifetime
7registrants and other offenders.--The Commissioner of the
8Pennsylvania State Police shall, in the manner and form directed
9by the Governor:
10(1) Develop and maintain a system for making the
11information described in subsection (c) publicly available by
12electronic means so that the public may, without limitation,
13obtain access to the information via an Internet website to
14view an individual record or the records of all sexually
15violent predators, lifetime registrants and other offenders
16who are registered with the Pennsylvania State Police.
17(2) Ensure that the Internet website contains warnings
18that any person who uses the information contained therein to
19threaten, intimidate or harass another or who otherwise
20misuses that information may be criminally prosecuted.
21(3) Ensure that the Internet website contains an
22explanation of its limitations, including statements advising
23that a positive identification of a sexually violent
24predator, lifetime registrant or other offender whose record
25has been made available may be confirmed only by
26fingerprints; that some information contained on the Internet
27website may be outdated or inaccurate; and that the Internet
28website is not a comprehensive listing of every person who
29has ever committed a sex offense in Pennsylvania.
30(4) Strive to ensure that:
1(i) the information contained on the Internet
2website is accurate;
3(ii) the data therein is revised and updated as
4appropriate in a timely and efficient manner; and
5(iii) instructions are included on how to seek
6correction of information which a person contends is
7erroneous.
8(5) Provide on the Internet website general information
9designed to inform and educate the public about sex offenders
10and sexually violent predators and the operation of this
11subchapter as well as pertinent and appropriate information
12concerning crime prevention and personal safety, with
13appropriate links to other relevant Internet websites
14operated by the Commonwealth of Pennsylvania.
15(6) Identify when the victim is a minor with a special
16designation. The identity of a victim of a sex offense shall
17not be published or posted on the Internet website.
18(7) Provide current or prospective Commonwealth
19residents the ability to search the database of an Internet
20website by inputting a home address. This type of Internet
21search shall enable current or prospective residents to input
22an address and discover if persons required to register under
23section 9795.1 (relating to registration) live within five
24miles of their residence. This function shall allow current
25or prospective Commonwealth residents the ability to view the
26location of the residence of those required to register under
27section 9795.1 in relation to their own by electronic map.
28(c) Information permitted to be disclosed regarding
29individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
30criminal history record information), the Internet website shall
1contain the following information on each individual:
2(1) For sexually violent predators, the following
3information shall be posted on the Internet website:
4(i) name and all known aliases;
5(ii) year of birth;
6(iii) the street address, municipality, county and
7zip code of all residences, including, where applicable,
8the name of the prison or other place of confinement;
9(iv) the street address, municipality, county, zip
10code and name of any institution or location at which the
11person is enrolled as a student;
12(v) the municipality, county and zip code of any
13employment location;
14(vi) a photograph of the offender, which shall be
15updated not less than annually;
16(vii) a physical description of the offender,
17including sex, height, weight, eye color, hair color and
18race;
19(viii) any identifying marks, including scars,
20birthmarks and tattoos;
21(ix) the license plate number and description of any
22vehicle owned or registered to the offender;
23(x) whether the offender is currently compliant with
24registration requirements;
25(xi) whether the victim is a minor;
26(xii) a description of the offense or offenses which
27triggered the application of this subchapter; and
28(xiii) the date of the offense and conviction, if
29available.
30(2) For all other lifetime registrants and offenders
1subject to registration, the information set forth in
2paragraph (1) shall be posted on the Internet website.
3(d) Duration of Internet posting.--
4(1) The information listed in subsection (c) about a
5sexually violent predator shall be made available on the
6Internet for the lifetime of the sexually violent predator.
7(2) The information listed in subsection (c) about an
8offender who is subject to lifetime registration shall be
9made available on the Internet for the lifetime of the
10offender unless the offender is granted relief under section
119795.5 (relating to exemption from certain notifications).
12(3) The information listed in subsection (c) about any
13other offender subject to registration shall be made
14available on the Internet for the entire period during which
15the offender is required to register, including any extension
16of this period pursuant to 9795.2(a)(3) (relating to
17registration procedures and applicability).
18(e) Use of information to commit offense.--Use of
19information published on the Internet in accordance with this
20section with intent to facilitate commission of a criminal
21offense shall constitute an offense of the same grade and degree
22as the underlying criminal offense.
23§ 9798.3. Global positioning system technology.
24[The] Except as otherwise provided under section 9795.2(c.1)
25(relating to registration procedures, applicability,
26probationary supervision, alert system and child protection
27zone), the Pennsylvania Board of Probation and Parole and county
28probation authorities may impose supervision conditions that
29include offender tracking through global positioning system
30technology.
1Section 7. This act shall take effect in 60 days.
