Bill Text: PA HB68 | 2011-2012 | Regular Session | Amended

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Bill Title: In falsification and intimidation, further providing for failure to comply with registration of sexual offenders requirements; in registration of sexual offenders, further providing for definitions, for registration, for registration procedures and applicability, for sentencing court information and for verification of residence; in registration of sexual offenders, providing for registration of transients; and in registration of sexual offenders, further providing for victim notification, for other notification, for information made available on the Internet, for duties of the Pennsylvania State Police and for photographs and fingerprinting.

Spectrum: Slight Partisan Bill (Republican 38-15)

Status: (Engrossed - Dead) 2011-02-14 - Referred to JUDICIARY [HB68 Detail]

Download: Pennsylvania-2011-HB68-Amended.html

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PRIOR PRINTER'S NO. 31 PRINTER'S NO. 145
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 68 Session of2011
INTRODUCED BY EVERETT, MARSICO, CALTAGIRONE, BAKER, CARROLL, HESS, HORNAMAN, KAUFFMAN, O'NEILL, SAYLOR, SCAVELLO, VULAKOVICH, CLYMER, BOYD, REESE, GINGRICH, D. COSTA, HARKINS, GRELL, HARRIS, DEASY, HAHN, MAJOR, KORTZ, LONGIETTI, MANN, GIBBONS, PICKETT, TALLMAN, STURLA, CUTLER, FLECK, REICHLEY, HICKERNELL, GEIST, GROVE, M.K. KELLER, RAPP, SANTARSIERO, SWANGER AND STEPHENS, JANUARY 19, 2011
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 25, 2011
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in falsification and intimidation, further
providing for failure to comply with registration of sexual
offenders requirements; in registration of sexual offenders,
further providing for definitions, for registration, for
registration procedures and applicability, for sentencing
court information and for verification of residence; in
registration of sexual offenders, providing for registration
of transients; and in registration of sexual offenders,
further providing for victim notification, for other
notification, for information made available on the Internet,
for duties of the Pennsylvania State Police and for
photographs and fingerprinting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4915(a), (b), (c) and (e)(3) of Title 18
of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding subsections to read:
§ 4915. Failure to comply with registration of sexual offenders
requirements.
(a) Offense defined.--An individual who is subject to
registration under 42 Pa.C.S. § 9795.1(a) (relating to
registration) or an individual who is subject to registration
under 42 Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or who
was subject to registration under former 42 Pa.C.S § 9793
(relating to registration of certain offenders for ten years)
commits an offense if he knowingly fails to:
(1) register with the Pennsylvania State Police as
required under 42 Pa.C.S. § 9795.2 (relating to registration
procedures and applicability);
(2) verify his address or be photographed as required
under 42 Pa.C.S. § 9796 (relating to verification of
residence); or
(3) provide accurate information when registering under
42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
§ 9796.
(a.1) Transients.--An individual who is subject to
registration as a transient under 42 Pa.C.S. § 9796.1 (relating
to registration of transients) commits an offense if the
individual knowingly fails to:
(1) register with the Pennsylvania State Police as
required under 42 Pa.C.S. § 9796.1;
(2) provide the information set forth in 42 Pa.C.S. §
9796.1;
(3) be photographed; or
(4) provide accurate information when complying with 42
Pa.C.S. § 9796.1.
(a.2) Counseling.--The following apply: <--
(1) An individual who is designated as a sexually
20110HB0068PN0145 - 2 -
violent predator commits an offense if he knowingly fails to
comply with 42 Pa.C.S. § 9799.4 (relating to counseling of
sexually violent predators).
(2) An individual who is subject to a counseling
requirement under a sex offender registration statute
following conviction in another jurisdiction commits an
offense if he knowingly fails to comply with that
requirement, as provided in 42 Pa.C.S. § 9795.2(b)(4)(i).
(b) Grading for offenders who must register for ten years.--
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9795.1(a) or
former 42 Pa.C.S. § 9793 and required to register for a
period of ten years who commits a violation of subsection (a)
(1) or (2) commits a felony of the third degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required
to register for a period of ten years who commits a violation
of subsection (a)(1) or (2) and who has previously been
convicted of an offense under subsection (a)(1) or (2) or a
similar offense commits a felony of the second degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) or former 42 Pa.C.S. § 9793 and required
to register for a period of ten years who violates subsection
(a)(3) commits a felony of the second degree.
(c) Grading for sexually violent predators and others with
lifetime registration.--
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2)
or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793 and who is
subject to lifetime registration who commits a violation of
20110HB0068PN0145 - 3 -
subsection (a)(1) or (2) commits a felony of the second
degree.
(3) An individual subject to registration under 42
Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42
Pa.C.S. § 9793 and who is subject to lifetime registration
who commits a violation of subsection (a)(1) or (2) and who
has previously been convicted of an offense under subsection
(a)(1) or (2) or a similar offense commits a felony of the
first degree.
(4) An individual subject to registration under 42
Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42
Pa.C.S. § 9793 and who is subject to lifetime registration
who violates subsection (a)(3) commits a felony of the first
degree.
(c.1) Grading for transient offenders.-- <--
(1) Except as set forth in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9796.1 who commits
a violation of subsection (a.1) commits a felony of the third
degree.
(2) An individual subject to registration under 42
Pa.C.S. § 9796.1 who commits a violation of subsection (a.1)
and who has previously been convicted of an offense under
subsection (a.1) or a similar offense commits a felony of the
second degree.
(c.1) Grading for transient offenders who must register for <--
ten years.--
(1) Except as set forth in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9796.1 and who
must register for ten years who commits a violation of
subsection (a.1)(1), (2) or (3) commits a felony of the third
20110HB0068PN0145 - 4 -
degree.
(2) An individual subject to registration under 42
Pa.C.S. § 9796.1 and who must register for ten years who
commits a violation of subsection (a.1)(1), (2) or (3) and
who has been previously convicted of an offense under
subsection (a.1)(1), (2) or (3) or a similar offense commits
a felony of the second degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9796.1 and who must register for ten years who
commits a violation of subsection (a.1)(4) commits a felony
of the second degree.
(c.2) Grading for transient offenders who are designated as
sexually violent predators or must register for lifetime.--
(1) Except as set forth in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9796.1 and who is
designated as a sexually violent predator or who must
register for a lifetime and commits a violation of subsection
(a.1)(1), (2) or (3) commits a felony of the second degree.
(2) An individual subject to registration under 42
Pa.C.S. § 9796.1 and who is designated as a sexually violent
predator or who must register for a lifetime and who has been
previously convicted of an offense under subsection (a.1)(1),
(2) or (3) or a similar offense commits a felony of the first
degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9796.1 and who is designated as a sexually violent
predator or who must register for a lifetime and commits a
violation of subsection (a.1)(4) commits a felony of the
first degree.
(c.3) Grading for failure to comply with counseling
20110HB0068PN0145 - 5 -
requirements.--An individual designated as a sexually violent
predator or an individual who is subject to a counseling
requirement under a sex offender registration statute following
conviction in another jurisdiction who commits a violation of
subsection (a.2) commits a misdemeanor of the first degree.
* * *
(e) Arrests for violation.--
* * *
(3) Prior to admitting an individual arrested for a
violation of this section to bail, the issuing authority
shall require all of the following:
(i) The individual must be fingerprinted and
photographed in the manner required by 42 Pa.C.S. Ch. 97
Subch. H (relating to registration of sexual offenders).
(ii) The individual must provide the Pennsylvania
State Police with all current or intended residences, all
information concerning current or intended employment,
including all employment locations, and all information
concerning current or intended enrollment as a student.
If the individual is a transient, the transient must
provide the Pennsylvania State Police with the
information required under 42 Pa.C.S. § 9796.1.
(iii) Law enforcement must make reasonable attempts
to verify the information provided by the individual.
* * *
Section 2. The definition of "offender" in section 9792 of
Title 42 is amended and the section is amended by adding a
definition to read:
§ 9792. Definitions.
The following words and phrases when used in this subchapter
20110HB0068PN0145 - 6 -
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Offender." An individual required to register under section
9795.1(a), (b)(1) [or], (2), (4) or (5) (relating to
registration) or under former section 9793 (relating to
registration of certain offenders for ten years).
* * *
"Transient." An individual required to register under this
subchapter who does not have a residence.
Section 3. Section 9795.1(a) and (b) of Title 42 are amended
by adding paragraphs and the section is amended by adding a
subsection to read:
§ 9795.1. Registration.
(a) Ten-year registration.--The following individuals shall
be required to register with the Pennsylvania State Police for a
period of ten years:
* * *
(4) Individuals who have moved to this Commonwealth who
fail to maintain a residence who have been convicted of
offenses similar to the crimes cited in paragraphs (1) and
(2) under the laws of the United States or one of the
territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign nation
or under a former law of this Commonwealth.
(b) Lifetime registration.--The following individuals shall
be subject to lifetime registration:
* * *
(5) Individuals who have moved to this Commonwealth who
fail to maintain a residence who have been convicted of
20110HB0068PN0145 - 7 -
offenses similar to the crimes cited in paragraph (2) under
the laws of the United States or one of the territories or
possessions, another state, the District of Columbia, the
Commonwealth of Puerto Rico or a foreign nation or under a
former law of this Commonwealth.
* * *
(d) Failure to maintain a residence.--The fact that an
individual required to register under this subchapter does not
have a residence shall not relieve the individual from the duty
to register or any other duty imposed by this subchapter. Such
an individual shall register as a transient in accordance with
the provisions of this subchapter.
Section 4. Sections 9795.2 and 9795.3 of Title 42 are
amended to read:
§ 9795.2. Registration procedures and applicability.
(a) Registration.--
(1) Offenders and sexually violent predators shall be
required to register with the Pennsylvania State Police upon
release from incarceration, upon parole from a State or
county correctional institution or upon the commencement of a
sentence of intermediate punishment or probation. For
purposes of registration, offenders and sexually violent
predators shall provide the Pennsylvania State Police with
all current or intended residences, all information
concerning current or intended employment and all information
concerning current or intended enrollment as a student. In
the event the offender or sexually violent predator does not
have a residence, the offender or sexually violent predator
shall, in addition to the other requirements of this
subchapter, register with the Pennsylvania State Police as a
20110HB0068PN0145 - 8 -
transient.
(2) Offenders and sexually violent predators shall
inform the Pennsylvania State Police within 48 hours of:
(i) Any change of residence or establishment of an
additional residence or residences or, if the offender or
sexually violent predator is a transient, the
establishment of a residence.
(ii) Any change of employer or employment location
for a period of time that will exceed 14 days or for an
aggregate period of time that will exceed 30 days during
any calendar year, or termination of employment.
(iii) Any change of institution or location at which
the person is enrolled as a student, or termination of
enrollment.
(iv) Becoming employed or enrolled as a student if
the person has not previously provided that information
to the Pennsylvania State Police.
(v) Becoming a transient. In addition to the other
requirements of this subchapter, the transient shall
comply with the provisions of section 9796.1 (relating to
registration of transients).
(2.1) Registration with a new law enforcement agency
shall occur no later than 48 hours after establishing
residence in another state or of moving to another state but
failing to maintain a residence.
(3) The ten-year registration period required in section
9795.1(a) (relating to registration) shall be tolled when an
offender is recommitted for a parole violation or sentenced
to an additional term of imprisonment. In such cases, the
Department of Corrections or county correctional facility
20110HB0068PN0145 - 9 -
shall notify the Pennsylvania State Police of the admission
of the offender.
(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. 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.
(ii) Where the offender or sexually violent predator
scheduled to be released from a State correctional
facility or county correctional facility due to the
20110HB0068PN0145 - 10 -
maximum expiration date refuses to provide the
registration information, the Department of Corrections
or county correctional facility shall notify the
Pennsylvania State Police or police department with
jurisdiction over the facility of the failure to provide
registration information and of the expected date, time
and location of the release of the offender or sexually
violent predator.
(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 resides, is a transient, 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
20110HB0068PN0145 - 11 -
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), 9796.1, if the individual is a transient,
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.
(ii) Except as provided in subparagraphs (i) and
(iv), if the individual has been convicted or sentenced
by a court or court martialed for an offense listed in
section 9795.1(b) or an equivalent offense, the
individual shall, notwithstanding section 9792, be
considered an offender and be subject to lifetime
registration pursuant to 9795.1(b). The individual shall
also be subject to the provisions of this section and
sections 9796, 9796.1, if the individual is a transient,
and 9798.1(c)(2).
(iii) Except as provided in subparagraphs (i), (ii),
(iv) and (v), if the individual has been convicted or
sentenced by a court or court martialed for an offense
20110HB0068PN0145 - 12 -
listed in section 9795.1(a) or an equivalent offense, the
individual shall be, notwithstanding section 9792,
considered an offender and subject to registration
pursuant to this subchapter. The individual shall also be
subject to the provisions of this section and sections
9796, 9796.1, if the individual is a transient, and
9798.1(c)(2). The individual shall be subject to this
subchapter for a period of ten years or for a period of
time equal to the time for which the individual was
required to register in the other jurisdiction or
required to register by reason of court martial,
whichever is greater, less any credit due to the
individual as a result of prior compliance with
registration requirements.
(iv) Except as provided in subparagraph (i) and
notwithstanding subparagraph (v), if the individual is
subject to active notification in the other jurisdiction
or subject to active notification by reason of court
martial, the individual shall, notwithstanding section
9792, be considered an offender and subject to this
section and sections 9796, 9796.1, if the individual is a
transient, 9798 and 9798.1(c)(1). If the individual was
convicted of or sentenced in the other jurisdiction or
sentenced by court martial for an offense listed in
section 9795.1(b) or an equivalent offense, the
individual shall be subject to this subchapter for the
individual's lifetime. If the individual was convicted of
or sentenced in the other jurisdiction or sentenced by
court martial for an offense listed in section 9795.1(a)
or an equivalent offense, the individual shall be subject
20110HB0068PN0145 - 13 -
to this subchapter for a period of ten years or for a
period of time equal to the time for which the individual
was required to register in the other jurisdiction or
required to register by reason of court martial,
whichever is greater, less any credit due to the
individual as a result of prior compliance with
registration requirements. Otherwise, the individual
shall be subject to this subchapter for a period of time
equal to the time for which the individual was required
to register in the other jurisdiction or required to
register by reason of court martial, less any credit due
to the individual as a result of prior compliance with
registration requirements.
(v) Except as provided in subparagraphs (i), (ii),
(iii) and (iv), if the individual is subject to passive
notification in the other jurisdiction or subject to
passive notification by reason of court martial, the
individual shall, notwithstanding section 9792, be
considered an offender and subject to this section and
sections 9796, 9796.1, if the individual is a transient,
and 9798.1(c)(2). The individual shall be subject to this
subchapter for a period of time equal to the time for
which the individual was required to register in the
other jurisdiction or required to register by reason of
court martial, less any credit due to the individual as a
result of prior compliance with registration
requirements.
(5) Notwithstanding the provisions of Chapter 63
(relating to juvenile matters) and except as provided in
paragraph (4), an individual who resides, is a transient, is
20110HB0068PN0145 - 14 -
employed or is a student in this Commonwealth and who is
required to register as a sex offender 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 as a result of a juvenile
adjudication 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 or
determined under the laws of the other jurisdiction 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 adjudicated, the individual
shall, notwithstanding section 9792, be considered a
sexually violent predator and subject to lifetime
registration pursuant to section 9795.1(b). The
individual shall also be subject to the provisions of
this section and sections 9796, 9796.1, if the individual
is a transient, and 9798.1(c)(1), except that the
individual shall not be required to receive counseling
unless required to do so by the other jurisdiction.
(ii) Except as provided in subparagraph (i), if the
individual is subject to active notification in the other
jurisdiction, the individual shall, notwithstanding
section 9792, be considered an offender and subject to
20110HB0068PN0145 - 15 -
registration pursuant to this subchapter. The individual
shall also be subject to the provisions of this section
and sections 9796, 9796.1, if the individual is a
transient, 9798 and 9798.1(c)(1). The individual shall be
subject to this subchapter for a period of time equal to
the time for which the individual was required to
register in the other jurisdiction, less any credit due
to the individual as a result of prior compliance with
registration requirements.
(iii) Except as provided in subparagraphs (i) and
(ii), if the individual is subject to passive
notification in the other jurisdiction, the individual
shall, notwithstanding section 9792, be considered an
offender and be subject to this section and sections
9796, 9796.1, if the individual is a transient, and
9798.1(c)(2). The individual shall be subject to this
subchapter for a period of time equal to the time for
which the individual was required to register in the
other jurisdiction, less any credit due to the individual
as a result of prior registration compliance.
(c) Registration information to local police.--
(1) The Pennsylvania State Police shall provide the
information obtained under this section and sections 9795.3
(relating to sentencing court information) and 9796 (relating
to verification of residence) to the chief law enforcement
officers of the police departments of the municipalities in
which the individual will reside, be employed or enrolled as
a student. In addition, the Pennsylvania State Police shall
provide this officer with the address at which the individual
will reside, be employed or enrolled as a student following
20110HB0068PN0145 - 16 -
his release from incarceration, parole or probation. If the
individual is a transient, the Pennsylvania State Police
shall provide information obtained under section 9796.1 to
the chief law enforcement officers of the police departments
of the appropriate municipalities.
(2) The Pennsylvania State Police shall provide notice
to the chief law enforcement officers of the police
departments of the municipalities notified pursuant to
paragraph (1) when an individual fails to comply with the
registration requirements of this section [or], section 9796
or section 9796.1 and request, as appropriate, that these
police departments assist in locating and apprehending the
individual.
(3) The Pennsylvania State Police shall provide notice
to the chief law enforcement officers of the police
departments of the municipalities notified pursuant to
paragraph (1) when they are in receipt of information
indicating that the individual is no longer a transient or
will no longer reside, be employed or be enrolled as a
student in the municipality.
(d) Penalty.--An individual subject to registration under
section 9795.1(a) or (b) or former section 9793 (relating to
registration of certain offenders for ten years) who fails to
register with the Pennsylvania State Police as required by this
section may be subject to prosecution under 18 Pa.C.S. § 4915
(relating to failure to comply with registration of sexual
offenders requirements).
(d.1) Transients.--An offender or a sexually violent
predator or other individual required to register under this
subchapter who is a transient who fails to register with the
20110HB0068PN0145 - 17 -
Pennsylvania State Police as required by this section may be
subject to prosecution under 18 Pa.C.S. 4915 (relating to
failure to comply with registration of sexual offender
requirements).
(e) Registration sites.--The following apply:
(1) An individual subject to [section 9795.1] this
subchapter shall register and submit to fingerprinting and
photographing [as required by this subchapter] at approved
registration sites.
(2) An offender or sexually violent predator or other
individual required to register under this subchapter who is
subject to registration as a transient shall register in
accordance with section 9796.1 and submit to fingerprinting
and photographing at approved registration sites.
§ 9795.3. Sentencing court information.
The sentencing court shall inform offenders and sexually
violent predators at the time of sentencing of the provisions of
this subchapter. The court shall:
(1) Specifically inform the offender or sexually violent
predator of the duty to register and provide the information
required for each registration, including verification as
required in section 9796(a) (relating to verification of
residence).
(2) Specifically inform the offender or sexually violent
predator of the duty to inform the Pennsylvania State Police
within [ten days] 48 hours if the offender or sexually
violent predator changes residence or establishes an
additional residence or residences, changes employer or
employment location for a period of time that will exceed 14
days or for an aggregate period of time that will exceed 30
20110HB0068PN0145 - 18 -
days during any calendar year or terminates employment or
changes institution or location at which the person is
enrolled as a student or terminates enrollment.
(2.1) Specifically inform the offender or sexually
violent predator of the duty to inform the Pennsylvania State
Police within [ten days] 48 hours of becoming employed or
enrolled as a student if the person has not previously
provided that information to the Pennsylvania State Police.
(2.2) Specifically inform the offender or sexually
violent predator of the duty to inform the Pennsylvania State
Police within 48 hours of becoming a transient and to provide
the information required as a transient, if the offender or
sexually violent predator fails to maintain a residence.
(3) Specifically inform the offender or sexually violent
predator of the duty to register with a new law enforcement
agency if the offender or sexually violent predator moves to
another state no later than [ten days] 48 hours after
establishing residence in another state.
(4) Order the fingerprints and photograph of the
offender or sexually violent predator to be provided to the
Pennsylvania State Police upon sentencing.
(5) Specifically inform the offender or sexually violent
predator of the duty to register with the appropriate
authorities in any state in which the offender or sexually
violent predator is a transient, is employed, carries on a
vocation or is a student if the state requires such
registration.
(6) Require the offender or sexually violent predator to
read and sign a form stating that the duty to register under
this subchapter has been explained. Where the offender or
20110HB0068PN0145 - 19 -
sexually violent predator is incapable of reading, the court
shall certify the duty to register was explained to the
offender or sexually violent predator and the offender or
sexually violent predator indicated an understanding of the
duty.
Section 5. Section 9796(b) and (e) of Title 42 are amended
to read:
§ 9796. Verification of residence.
* * *
(b) Annual verification by offenders.--The Pennsylvania
State Police shall verify the residence of offenders. For the
period of registration required [by section 9795.1], an offender
shall appear within ten days before each annual anniversary date
of the offender's initial registration under former section 9793
(relating to registration of certain offenders for ten years) or
section 9795.1 at an approved registration site to complete a
verification form and to be photographed.
* * *
(e) Penalty.--An individual subject to registration under
former section 9793 or section 9795.1(a) or (b) who fails to
verify his residence or to be photographed as required by this
section may be subject to prosecution under 18 Pa.C.S. § 4915
(relating to failure to comply with registration of sexual
offenders requirements).
* * *
Section 6. Title 42 is amended by adding a section to read:
§ 9796.1. Registration of transients.
(a) General rule.--An offender or sexually violent predator
or other individual required to register under this subchapter
or under former section 9793 (relating to registration of
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certain offenders for ten years) who does not have a residence
shall register with the Pennsylvania State Police as a
transient.
(b) Frequency of registration.--A transient shall appear
every 30 days at an approved registration site to register as a
transient, to complete a verification form and to be
photographed. The transient shall provide the following:
(1) Places the transient sleeps, including a homeless
shelter or other temporary habitat. In addition, the
transient shall provide a list of places the transient eats,
frequents and engages in leisure activities, and any planned
destination, including those outside this Commonwealth. If
the transient changes or adds to the places listed under this
paragraph during a 30-day period, the transient shall list
these when re-registering as a transient during the next 30-
day period.
(2) Where the transient receives mail, including a post
office box.
(3) If the transient is also a sexually violent
predator, compliance with counseling as provided in section
9799.4 (relating to counseling of sexually violent
predators).
(c) Duration of registration requirement.--The duty to
register at an approved registration site every 30 days shall
apply until the transient establishes a residence. In the event
the transient establishes a residence, the requirements of
registering under section 9796 (relating to verification of
residence) shall apply.
(d) Failure to register as a transient.--Where a transient
fails to comply with the provisions of this section, the
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Pennsylvania State Police shall immediately notify the municipal
police department of the transient's last known habitat. The
local municipal police shall locate the transient and arrest the
transient for violating this section. The Pennsylvania State
Police shall assume responsibility for locating and arresting
the transient in jurisdictions where no municipal police
jurisdiction exists. The Pennsylvania State Police shall assist
any municipal police department requesting assistance with
locating and arresting a transient who fails to comply with the
provisions of this section.
Section 7. Sections 9797 and 9798(a)(1) and (c) of Title 42
are amended to read:
§ 9797. Victim notification.
(a) Duty to inform victim.--
(1) Where the individual is determined to be a sexually
violent predator by a court under section 9795.4 (relating to
assessments), the local municipal police department or the
Pennsylvania State Police where no municipal police
jurisdiction exists shall give written notice to the sexually
violent predator's victim when the sexually violent predator
registers initially and when he notifies the Pennsylvania
State Police of any change of residence or if the sexually
violent predator registers as a transient. This notice shall
be given within 72 hours after the sexually violent predator
registers or notifies the Pennsylvania State Police of a
change of address or registers as a transient. The notice
shall contain the sexually violent predator's name and the
address or addresses where he resides. If the sexually
violent predator registers as a transient, the Pennsylvania
State Police shall provide the information in section
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9796.1(b)(1) (relating to registration of transient).
(2) A victim may terminate the duty to inform set forth
in paragraph (1) by providing the local municipal police
department or the Pennsylvania State Police where no local
municipal police department exists with a written statement
releasing that agency from the duty to comply with this
section as it pertains to that victim.
(b) Where an individual is not determined to be a sexually
violent predator.--Where an individual is not determined to be a
sexually violent predator by a court under section 9795.4, the
victim shall be notified in accordance with section 201 of the
act of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act. This subsection includes the circumstance of an
offender registering as a transient.
§ 9798. Other notification.
(a) Notice by municipality's chief law enforcement
officer.--Notwithstanding any of the provisions of 18 Pa.C.S.
Ch. 91 (relating to criminal history record information), the
chief law enforcement officer of the full-time or part-time
police department of the municipality where a sexually violent
predator lives shall be responsible for providing written notice
as required under this section.
(1) The notice shall contain:
(i) The name of the convicted sexually violent
predator.
(ii) The address or addresses at which he resides.
If, however, the sexually violent predator registers as a
transient, written notice under this subparagraph shall
be limited to that set forth in section 9796.1(b)(2)
(relating to registration of transients).
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(iii) The offense for which he was convicted,
sentenced by a court, adjudicated delinquent or court
martialed.
(iv) A statement that he has been determined by
court order to be a sexually violent predator, which
determination has or has not been terminated as of a date
certain.
(v) A photograph of the sexually violent predator,
if available.
* * *
(c) Urgency of notification.--The municipal police
department's chief law enforcement officer shall provide notice
within the following time frames:
(1) To neighbors, notice shall be provided within five
days after information of the sexually violent predator's
release date and residence has been received by the chief law
enforcement officer. If the sexually violent predator
registers as a transient, notice shall be provided within
five days after information of the transient's release date
and information under section 9796.1 have been received by
the chief law enforcement officer. Notwithstanding the
provisions of subsections (a) and (b), verbal notification
may be used if written notification would delay meeting this
time requirement.
(2) To the persons specified in subsection (b)(2), (3),
(4) and (5), notice shall be provided within seven days after
the chief law enforcement officer receives information
regarding the sexually violent predator's release date and
residence. If the sexually violent predator registers as a
transient, notice shall be provided within seven days after
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the chief law enforcement officer receives information
regarding the transient's release date and the information
required under section 9796.1.
* * *
Section 8. Section 9798.1(a), (b) introductory paragraph and
(c) are amended and subsection (b) is amended by adding a
paragraph to read:
§ 9798.1. Information made available on the Internet and
electronic notification.
(a) Legislative findings.--It is hereby declared to be the
finding of the General Assembly that public safety will be
enhanced by making information about sexually violent predators,
lifetime registrants and other sex offenders available to the
public through the Internet and electronic notification.
Knowledge of whether a person is a sexually violent predator,
lifetime registrant or other sex offender could be a significant
factor in protecting oneself and one's family members, or those
in care of a group or community organization, from recidivist
acts by sexually violent predators, lifetime registrants and
other sex offenders. The technology afforded by the Internet and
electronic notification would make this information readily
accessible to parents and private entities, enabling them to
undertake appropriate remedial precautions to prevent or avoid
placing potential victims at risk. Public access to information
about sexually violent predators, lifetime registrants and other
sex offenders is intended solely as a means of public protection
and shall not be construed as punitive.
(b) Internet posting of sexually violent predators, lifetime
registrants [and], other offenders and electronic
notification.--The Commissioner of the Pennsylvania State Police
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shall, in the manner and form directed by the Governor:
* * *
(7) Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
criminal history record information), develop, implement and
maintain a process which allows members of the public to
receive electronic notification when an individual required
to register under this subchapter moves into or out of a
user-designated location.
(c) Information permitted to be disclosed regarding
individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
criminal history record information), the Internet website shall
contain the following information on each individual:
(1) For sexually violent predators, the following
information shall be posted on the Internet website:
(i) name and all known aliases;
(ii) year of birth;
(iii) the street address, municipality, county and
zip code of all residences, including, where applicable,
the name of the prison or other place of confinement;
(iv) the street address, municipality, county, zip
code and name of any institution or location at which the
person is enrolled as a student;
(v) the municipality, county and zip code of any
employment location;
(vi) a photograph of the offender, which shall be
updated not less than annually;
(vii) a physical description of the offender,
including sex, height, weight, eye color, hair color and
race;
(viii) any identifying marks, including scars,
20110HB0068PN0145 - 26 -
birthmarks and tattoos;
(ix) the license plate number and description of any
vehicle owned or registered to the offender;
(x) whether the offender is currently compliant with
registration requirements;
(xi) whether the victim is a minor;
(xii) a description of the offense or offenses which
triggered the application of this subchapter; [and]
(xiii) the date of the offense and conviction, if
available; and
(xiv) whether the sexually violent predator is
registered as a transient. If the sexually violent
predator is registered as a transient, the information in
section 9796.1(b)(2) (relating to registration of
transients) shall be provided in addition to the
information set forth in subsection (c)(1).
(2) For all other lifetime registrants and offenders
subject to registration, the information set forth in
paragraph (1) shall be posted on the Internet website. If the
lifetime registrant or offender is registered as a transient,
the information provided in section 9796.1(b)(2) shall be
provided in addition to the information set forth in
subsection (c)(1).
* * *
Section 9. Sections 9799.1(2) and (4) and 9799.9 of Title 42
are amended to read:
§ 9799.1. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
* * *
(2) In consultation with the Department of Corrections,
20110HB0068PN0145 - 27 -
the Office of Attorney General, the Pennsylvania Board of
Probation and Parole and the chairman and the minority
chairman of the Judiciary Committee of the Senate and the
chairman and the minority chairman of the Judiciary Committee
of the House of Representatives, promulgate guidelines
necessary for the general administration of this subchapter.
These guidelines shall establish procedures to allow an
individual subject to the requirements of sections 9795.1
(relating to registration) [and], 9796 (relating to
verification of residence) and 9796.1 (relating to
registration of transients) to fulfill these requirements at
approved registration sites throughout this Commonwealth. The
Pennsylvania State Police shall publish a list of approved
registration sites in the Pennsylvania Bulletin and provide a
list of approved registration sites in any notices sent to
individuals required to register under section 9795.1. An
approved registration site shall be capable of submitting
fingerprints, photographs and any other information required
electronically to the Pennsylvania State Police. The
Pennsylvania State Police shall require that approved
registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in such form as the Pennsylvania State
Police shall require. The Pennsylvania State Police shall
require that approved registration sites submit photographs
utilizing the Commonwealth Photo Imaging Network or in
another manner and in such form as the Pennsylvania State
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
20110HB0068PN0145 - 28 -
agencies that meet the criteria for approved registration
sites set forth in this paragraph.
* * *
(4) Notify, within five days of receiving the offender's
or the sexually violent predator's registration, the chief
law enforcement officers of the police departments having
primary jurisdiction of the municipalities in which an
offender or sexually violent predator is registered as a
transient, resides, is employed or enrolled as a student of
the fact that the offender or sexually violent predator has
been registered with the Pennsylvania State Police pursuant
to sections 9795.2 (relating to registration procedures and
applicability) [and], 9796 [(relating to verification of
residence)] or section 9796.1.
* * *
§ 9799.9. Photographs and fingerprinting.
An individual subject to former section 9793 (relating to
registration of certain offenders for ten years) or section
9795.1 (relating to registration) shall submit to fingerprinting
and photographing as required by this subchapter at approved
registration sites. Fingerprinting as required by this
subchapter shall, at a minimum, require submission of a full set
of fingerprints. Photographing as required by this subchapter
shall, at a minimum, require submission to photographs of the
face and any scars, marks, tattoos or other unique features of
the individual. Fingerprints and photographs obtained under this
subchapter may be maintained for use under this subchapter and
for general law enforcement purposes.
Section 10. This act shall apply as follows:
(1) The following provisions shall apply to individuals
20110HB0068PN0145 - 29 -
incarcerated or convicted on or after the effective date of
this section:
(i) The addition of the term "transient" in 42
Pa.C.S. § 9792.
(ii) The addition of 42 Pa.C.S. § 9795.1(a)(4), (b)
(5) and (d).
(iii) The amendment of 42 Pa.C.S. § 9795.2.
(iv) The amendment or addition of 42 Pa.C.S. §
9795.3(2.2) and (5).
(v) The addition of 42 Pa.C.S. § 9796.1.
(vi) The amendment of 42 Pa.C.S. § 9797.
(vii) The amendment of 42 Pa.C.S. § 9798(a)(1) and
(c).
(viii) The amendment of 42 Pa.C.S. § 9798.1(c).
(ix) The amendment of 42 Pa.C.S. § 9799.1(4).
(2) This act shall not affect the requirements for
individuals registered pursuant to 42 Pa.C.S. Ch. 97 Subch. H
prior to the effective date of this section.
Section 11. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The amendment of 18 Pa.C.S. § 4915(a), (b) and
(c).
(iii) The amendment of 42 Pa.C.S. § 9798.1(a) and
(b).
(2) The remainder of this act shall take effect in 60
days.
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