THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

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

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.--

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(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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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).

(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

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

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,

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,

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

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

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.