Bill Text: PA HB2539 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for registration of domestic violence predators; establishing the Domestic Violence Predator Assessment Board; and imposing powers and duties on the Pennsylvania State Police and on the Pennsylvania Board of Probation and Parole.

Spectrum: Slight Partisan Bill (Democrat 26-9)

Status: (Introduced - Dead) 2012-07-02 - Referred to JUDICIARY [HB2539 Detail]

Download: Pennsylvania-2011-HB2539-Introduced.html

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PRINTER'S NO. 3901
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2539 Session of2012
INTRODUCED BY FREEMAN, MURT, B. BOYLE, BROOKS, BROWNLEE, CALTAGIRONE, DeLUCA, JAMES, KORTZ, MAHONEY, McGEEHAN, MULLERY, MURPHY, M. O'BRIEN, PASHINSKI, READSHAW, ROSS, SANTARSIERO, K. SMITH, STABACK, STEPHENS, GINGRICH, MYERS AND HORNAMAN, JULY 2, 2012
REFERRED TO COMMITTEE ON JUDICIARY, JULY 2, 2012
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for
registration of domestic violence predators; establishing the
Domestic Violence Predator Assessment Board; and imposing
powers and duties on the Pennsylvania State Police and on the
Pennsylvania Board of Probation and Parole.
It is the intention of the General Assembly that this act be
known as Robin's Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 96
REGISTRATION OF DOMESTIC VIOLENCE PREDATORS
Sec.
9601. Scope of chapter.
9602. Definitions.
9603. Registration of certain offenders for ten years.
9604. Designation of domestic violence predators.
9605. Other registration requirements.
9606. Verification of residence.
9607. Victim notification.
9608. Immunity for good faith conduct.
9609. Duties of Pennsylvania State Police.
9610. Duties of Pennsylvania Board of Probation and Parole.
9611. Board.
9612. Domestic violence predators.
9613. Exemption from notification.
§ 9601. Scope of chapter.
This chapter relates to registration of domestic violence
criminal offenders.
§ 9602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Domestic Violence Predator Assessment Board
established in section 9611 (relating to board).
"Conviction." An adjudication of guilt by a court of
competent jurisdiction whether upon a verdict or plea of guilty
or plea of nolo contendere, notwithstanding a pending appeal or
habeas corpus proceeding arising from the adjudication.
"Domestic violence offense." An offense, under the laws of
this Commonwealth or any other jurisdiction:
(1) an element of which is the use or attempted use of
physical force;
(2) which is punishable by a term of imprisonment
exceeding two years; and
(3) which was committed by:
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(i) the current or former spouse, parent or guardian
of the victim;
(ii) an individual with whom the victim shares a
child in common;
(iii) an individual who cohabits with or has
cohabited with the victim as a spouse, parent or
guardian; or
(iv) an individual similarly situated to a spouse,
parent or guardian of the victim.
The relationship specified in this paragraph need not be an
element of the offense to meet the requirements of this
definition.
The term includes an attempt, a solicitation or a conspiracy to
commit the offense.
"Domestic violence predator." An individual who:
(1) has been convicted of a domestic violence offense;
and
(2) is determined to be a domestic violence predator
under section 9604 (relating to designation of domestic
violence predators) due to a mental abnormality or
personality disorder which makes the individual likely to
engage in predatory domestic violence offenses.
"Mental abnormality." A congenital or acquired condition of
an individual which affects the emotional or volitional capacity
of the individual in a manner as to predispose the individual to
commit violent criminal offenses to a degree which makes the
individual a menace to the health and safety of other persons.
"Municipality." A city, borough, incorporated town or
township.
"Personality disorder." A personality disorder as defined in
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the fourth edition of the Diagnostic and Statistical Manual of
Mental Disorders adopted by the American Psychiatric
Association.
"Predatory." Directed at an individual with whom a
relationship has been established or promoted for the primary
purpose of victimization.
§ 9603. Registration of certain offenders for ten years.
(a) Requirement.--Except as set forth in subsection (b):
(1) An individual convicted of a domestic violence
offense shall register a current address with the
Pennsylvania State Police upon:
(i) release from incarceration;
(ii) parole from a State or county correctional
facility; or
(iii) commencement of a sentence of intermediate
punishment or probation.
(2) The period of registration shall be ten years.
(b) Exceptions.--
(1) Subsection (a) does not apply to an individual
incarcerated in a maximum or medium correctional facility of
the Department of Corrections, a private correctional
facility or a correctional facility of another jurisdiction.
This exception ends upon release.
(2) Subsection (a) does not apply to an individual
required to register under Subchapter H of Chapter 97
(relating to registration of sexual offenders).
(c) Registration information.--The Pennsylvania State Police
shall provide the information obtained under sections 9605
(relating to other registration requirements) and 9606 (relating
to verification of residence) and this section and the address
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at which the offender will reside after release from
incarceration, parole or probation to the chief law enforcement
officer of the police department of the municipality in which
the offender will reside.
§ 9604. Designation of domestic violence predators.
(a) Order for assessment.--Before sentencing, the court
shall order a person convicted of a domestic violence offense to
be assessed by the board.
(b) Presumption.--There shall be a presumption that an
offender convicted of a domestic violence offense shall be
presumed by the board to be a domestic violence predator. The
presumption may be rebutted by clear and convincing evidence at
a hearing held under subsection (e).
(c) Assessment.--The board shall conduct an assessment of
the offender to determine if the offender is a domestic violence
predator. Such an assessment shall include, but not be limited
to, the following:
(1) Age of the offender.
(2) Offender's prior criminal record and domestic
violence offenses as well as any other offenses.
(3) Age of the victim.
(4) Whether the domestic violence offense involved
multiple victims.
(5) Use of illegal drugs by the offender.
(6) Whether the offender completed any prior sentence
and participated in a program for violent offenders.
(7) Mental illness or mental disability of the offender.
(8) The nature of the violent contact with the victim
and whether the contact was part of a demonstrated pattern of
abuse.
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(9) Whether the domestic violence offense included a
display of unusual cruelty by the offender during commission
of the crime.
(10) Behavioral characteristics that contribute to the
offender's conduct.
(d) Submission of report by board.--The board shall submit a
written report containing its assessment to the court no later
than 30 days after the assessment was ordered.
(e) Court review of findings.--Upon receipt of the board's
report, the court shall determine if the offender is a domestic
violence predator. The determination shall be based on evidence
presented at a hearing held prior to sentencing and before the
trial judge. The offender and district attorney shall be given
notice of the hearing and an opportunity to be heard, the right
to call witnesses, including expert witnesses, and the right to
conduct cross-examination. The offender shall have the right to
counsel and to have an attorney appointed to represent him if he
cannot afford one.
(f) Subsequent review.--No sooner than one year prior to
release from a State or county correctional facility and in
five-year intervals thereafter, an offender designated a
domestic violence predator may petition a court having original
jurisdiction in the matter for reconsideration. The court may
request a new report by the board and enter an order terminating
the designation, in which case the court shall notify the
Pennsylvania State Police.
§ 9605. Other registration requirements.
(a) Registration of domestic violence predators.--A domestic
violence predator shall be required to register all current
addresses with the Pennsylvania State Police upon release from
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incarceration, upon parole from a State or county correctional
facility or upon commencing a sentence of intermediate
punishment. Registration shall continue unless a court
terminates designation under section 9604(f) (relating to
designation of domestic violence predators).
(b) Court information for all offenders.--At the time of
sentencing, the court shall inform offenders designated in
section 9603 (relating to registration of certain offenders for
ten years) and domestic violence predators designated in
subsection (a) of the provisions of this chapter. The court
shall:
(1) Specifically inform the offender of the duty to
register and obtain the information required for each
registration.
(2) Specifically inform the offender of the duty to
inform the Pennsylvania State Police within ten days if the
offender changes residence.
(3) Specifically inform the offender of the duty to
register with a new law enforcement agency if the offender
moves to another state no later than ten days after
establishing residence in another state.
(4) Order the fingerprints and photograph of the person
to be provided to the Pennsylvania State Police upon
sentencing.
(5) Require the offender to read and sign a form stating
that the duty to register under this chapter has been
explained. If the offender is unable to read, the court shall
certify that the duty to register was explained to the
offender and the offender indicated an understanding of the
duty.
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(c) Correctional facilities and parole authorities.--When an
offender is about to be released from incarceration or paroled
from a State or county correctional facility, the prison
official of the State or county correctional facility, no later
than ten days prior to the release or parole of the offender,
shall again provide the offender with notice of the duty to
register with the Pennsylvania State Police under this chapter.
(d) Penalty.--An offender who fails to register as required
in this section commits a felony of the third degree.
§ 9606. Verification of residence.
(a) Quarterly verification.--The Pennsylvania State Police
shall verify the residence of domestic violence predators every
90 days through use of a nonforwardable verification form to the
last reported address. The form shall be returned by the
offender within ten days.
(b) Annual verification.--The Pennsylvania State Police
shall verify the residence of offenders designated in section
9603 (relating to registration of certain offenders for ten
years), annually through the use of a residence verification
form. The form shall be returned by the offender within ten
days.
(c) Notification of address change.--A change of address of
an offender required to register under this chapter reported to
the Pennsylvania State Police shall be immediately reported by
the Pennsylvania State Police to the appropriate law enforcement
agency having jurisdiction over the offender's new place of
residence. The Pennsylvania State Police shall, if the offender
changes residence to another state, notify the law enforcement
agency having jurisdiction of the offender's new place of
residence.
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(d) Failure to provide verification.--If an offender fails
to provide verification of residence within the required ten-day
period, the Pennsylvania State Police shall immediately notify
the local municipal police department of the offender's last
verified residence. The local municipal police shall locate the
offender and place the offender under arrest. The Pennsylvania
State Police shall assume responsibility for locating the
offender and making the arrest in jurisdictions where there is
no local municipal police force. The Pennsylvania State Police
shall assist any local municipal police department requesting
assistance with locating and arresting an offender who fails to
verify his residence.
(e) Penalty.--An offender who fails to verify his residence
as required in this section commits a felony of the third
degree.
§ 9607. Victim notification.
(a) Duty to inform victim.--
(1) If an offender is determined to be a domestic
violence predator by a court order under section 9604(e)
(relating to designation of domestic violence predators), the
local municipal police department or, if there is no local
municipal police department, the Pennsylvania State Police
shall give written notice to the victim of the offender
within 72 hours after the offender registers initially or
notifies the Pennsylvania State Police of an address change.
The notice shall contain the offender's name and the address
or addresses where the offender resides.
(2) A victim may waive the right to be informed under
paragraph (1) by providing the local municipal police
department or, if there is no local municipal police
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department, the Pennsylvania State Police with a written
request.
(b) Public information.--Information provided under
subsection (a) shall be available to the general public upon
request.
(c) Offenders not designated as domestic violence
predators.--If an offender is not determined to be a domestic
violence predator, the victim shall be notified under the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act.
§ 9608. Immunity for good faith conduct.
The following entities shall not be held liable for damages
arising from a good faith discretionary release or dissemination
of or good faith failure to release or disseminate information
under this section:
(1) The Pennsylvania State Police and local law
enforcement agencies and their agents and employees.
(2) District attorneys and their agents and employees.
(3) Directors and employees of county children and youth
agencies.
(4) The Pennsylvania Board of Probation and Parole and
its agents and employees.
§ 9609. Duties of Pennsylvania State Police.
(a) General rule.--The Pennsylvania State Police shall:
(1) Create and maintain a State registry of offenders
pursuant to section 9603 (relating to registration of certain
offenders for ten years).
(2) In consultation with the Attorney General and the
Pennsylvania Board of Probation and Parole, promulgate
guidelines necessary for administration of this chapter.
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(3) Within 72 hours of receiving a registration, notify
the chief law enforcement officer of the police department
having primary jurisdiction of the municipality in which an
offender resides that the offender is registered with the
Pennsylvania State Police under this chapter.
(4) Immediately forward to the Federal Bureau of
Investigation information received from the Pennsylvania
Board of Probation and Parole under this chapter and the
fingerprints of the domestic violence predator.
(b) Publication.--Regulations under this chapter shall be
published in the Pennsylvania Bulletin no later than one year
after the effective date of this section.
§ 9610. Duties of Pennsylvania Board of Probation and Parole.
The Pennsylvania Board of Probation and Parole shall:
(1) Formulate a process to be followed by State and
county prison and probation and parole personnel when
informing offenders of their duties and responsibilities
under this chapter.
(2) Obtain the following information concerning each
offender to whom this chapter applies:
(i) Name, including any aliases.
(ii) Identifying factors.
(iii) Anticipated future residence.
(iv) Offense history.
(v) Documentation of treatment received for mental
abnormalities and personality disorders.
(3) Transmit the information in paragraph (2) to the
Pennsylvania State Police without delay for immediate entry
into the State registry of domestic violence offenders and
the criminal history record of the offender as provided in 18
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Pa.C.S. Ch. 91 (relating to criminal history record
information).
§ 9611. Board.
(a) Establishment.--The Domestic Violence Predator
Assessment Board is hereby established and shall be composed of
three persons, including a psychiatrist, a psychologist and a
criminal justice expert, each of whom shall have a minimum of
ten years of experience and specialized training in the behavior
and treatment of violent offenders.
(b) Appointment.--The Governor shall appoint the
psychiatrist and psychologist board members, and the Attorney
General shall appoint the criminal justice expert. All
appointments shall be made within 30 days of the effective date
of this section.
(c) Term of office.--Members of the board shall serve four-
year terms.
(d) Compensation.--Members of the board shall be compensated
at a rate of $125 per day and receive reimbursement for their
actual and necessary expenses while performing the business of
the board. The chairman shall receive $500 additional
compensation per year.
(e) Staff.--Support staff for the board shall be provided by
the Pennsylvania Board of Probation and Parole.
§ 9612. Domestic violence predators.
(a) Lifetime parole; counseling.--Notwithstanding any other
provision of law, a person designated as a domestic violence
predator under this chapter shall remain on lifetime parole when
released from a State or county correctional facility unless the
court terminates the designation under section 9604(f) (relating
to designation of domestic violence predators). The offender
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shall be required to attend at least monthly counseling sessions
in a program approved by the board and be financially
responsible for all fees assessed from such counseling sessions.
If the offender can establish to the satisfaction of the court
inability to pay for counseling sessions, the offender shall
attend the sessions and the parole office shall pay the
requisite fees.
(b) Lifetime registration.--
(1) Notwithstanding any other provision of law, an
offender designated as a domestic violence predator under
this chapter shall register for life if the offender:
(i) is convicted of a subsequent domestic violence
offense requiring registration; or
(ii) enters this Commonwealth after the effective
date of this chapter and has a conviction in another
jurisdiction that would have required registration if
committed in Pennsylvania.
(2) If a conviction is vacated and an acquittal or final
discharge is entered after it has been determined that this
section applies, the offender shall have the right to
petition the sentencing court for reconsideration if this
section would not have applied except for the conviction
which was vacated.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (b), to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
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the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentence provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section when applicable, the Commonwealth shall
have a right to appellate review. The appellate court shall
vacate the sentence and remand the case to the sentencing court
for the imposition of a sentence in accordance with this section
if it finds that the sentence was imposed in violation of this
section.
§ 9613. Exemption from notification.
Nothing in this chapter shall be construed to impose a duty
on a person licensed under the act of February 19, 1980 (P.L.15,
No.9), known as the Real Estate Licensing and Registration Act,
or an employee of the person, to disclose information regarding
an offender required to register under this chapter.
Section 2. This act shall take effect in six months.
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