Bill Text: PA HB355 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for sexual offender registration procedures.

Spectrum: Slight Partisan Bill (Republican 37-13)

Status: (Introduced - Dead) 2013-01-29 - Referred to JUDICIARY [HB355 Detail]

Download: Pennsylvania-2013-HB355-Introduced.html

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PRINTER'S NO. 368

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

355

Session of 2013

 

 

 

INTRODUCED BY REED, DAVIS, METCALFE, HESS, GINGRICH, KAUFFMAN, MARSHALL, SCHLOSSBERG, M. K. KELLER, CAUSER, BROOKS, STEPHENS, D. COSTA, BAKER, SAYLOR, EMRICK, KNOWLES, TOEPEL, SWANGER, MAJOR, VEREB, PICKETT, MILLARD, SANTARSIERO, KORTZ, BIZZARRO, CUTLER, HICKERNELL, V. BROWN, BOBACK, FLECK, MOUL, EVANKOVICH, DEASY, C. HARRIS, GROVE, HARHART, DAVIDSON, HARKINS, GIBBONS, MILLER, DENLINGER, OBERLANDER, MILNE, STEVENSON, GOODMAN AND GABLER, JANUARY 29, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, JANUARY 29, 2013

 

 

 

AN ACT

 

Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
sexual offender registration procedures.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 9795.2(a)(4)(i) and (b)(4)(i) of Title 42
of the Pennsylvania Consolidated Statutes, are amended to read:

§ 9795.2. Registration procedures and applicability.

(a) Registration.--

* * *

(4) This paragraph shall apply to all offenders and
sexually violent predators:

(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania Board of Probation
and Parole or the court or is sentenced to probation or

intermediate punishment, the board or county office of
probation and parole shall collect registration
information from the offender or sexually violent
predator and forward that registration information to the
Pennsylvania State Police. The Department of Corrections
or county correctional facility shall not release the
offender or sexually violent predator until it receives
verification from the Pennsylvania State Police that it
has received the registration information and has posted 
the registration information on the Internet as required 
under section 9798.1 (relating to information made 
available on the Internet and electronic notification).
Verification by the Pennsylvania State Police may occur
by electronic means, including e-mail or facsimile
transmission. Where the offender or sexually violent
predator is scheduled to be released from a State
correctional facility or county correctional facility
because of the expiration of the maximum term of
incarceration, the Department of Corrections or county
correctional facility shall collect the information from
the offender or sexually violent predator no later than
ten days prior to the maximum expiration date. The
registration information shall be forwarded to the
Pennsylvania State Police and shall be posted on the 
Internet as required under section 9798.1 prior to the 
maximum expiration date.

* * *

(b) Individuals convicted or sentenced by a court or
adjudicated delinquent in jurisdictions outside this
Commonwealth or sentenced by court martial.--

(4) An individual who has a residence, is employed or is 
a student in this Commonwealth and who has been convicted of 
or sentenced by a court or court martialed for a sexually 
violent offense or a similar offense under the laws of the 
United States or one of its territories or possessions, 
another state, the District of Columbia, the Commonwealth of 
Puerto Rico or a foreign nation, or who was required to 
register under a sexual offender statute in the jurisdiction 
where convicted, sentenced or court martialed, shall register 
at an approved registration site within 48 hours of the 
individual's arrival in this Commonwealth. The provisions of 
this subchapter shall apply to the individual as follows:

(i) If the individual has been classified as a
sexually violent predator as defined in section 9792
(relating to definitions) or determined under the laws of
the other jurisdiction or by reason of court martial to
be subject to active notification and lifetime
registration on the basis of a statutorily authorized
administrative or judicial decision or on the basis of a
statute or administrative rule requiring active
notification and lifetime registration based solely on
the offense for which the individual was convicted,
sentenced or court martialed, the individual shall,
notwithstanding section 9792, be considered a sexually
violent predator and subject to lifetime registration
pursuant to section 9795.1(b) [(relating to
registration)]. The individual shall also be subject to
the provisions of this section and sections 9796
(relating to verification of residence), 9798 (relating
to other notification) and 9798.1(c)(1) [(relating to

information made available on the Internet and electronic 
notification)], except that the individual shall not be
required to receive counseling unless required to do so
by the other jurisdiction or by reason of court martial.

* * *

Section 2. This act shall take effect in 60 days.