| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 38, 3651, 3770 | PRINTER'S NO. 3827 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARSICO, CALTAGIRONE, BAKER, BARRAR, BOYD, B. BOYLE, CHRISTIANA, DeLUCA, DePASQUALE, EVERETT, FABRIZIO, GABLER, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M. K. KELLER, KILLION, KOTIK, LONGIETTI, MATZIE, MILLER, OBERLANDER, PAYNE, PICKETT, PYLE, QUINN, READSHAW, SACCONE, SAYLOR, SCAVELLO, K. SMITH, SONNEY, STEPHENS, STEVENSON, STURLA, SWANGER, TOEPEL, VULAKOVICH, WATSON, YOUNGBLOOD, BOBACK, KORTZ, REICHLEY, HESS, HELM, CAUSER, SANTARSIERO, CLYMER, GILLESPIE, DAVIS, MAJOR, TOOHIL, VEREB, GILLEN, KAVULICH, FARRY, MARSHALL, BROOKS, BARBIN AND MILNE, JANUARY 19, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 25, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the | <-- |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | sentence for failure to comply with registration of sexual |
4 | offenders. |
5 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and | <-- |
6 | Judicial Procedure) of the Pennsylvania Consolidated |
7 | Statutes, making changes necessary for the administration and |
8 | implementation of the act of December 20, 2011 (P.L.446, |
9 | No.111), entitled "An act amending Titles 18 (Crimes and |
10 | Offenses), 23 (Domestic Relations), 42 (Judiciary and |
11 | Judicial Procedure), 44 (Law and Justice) and 61 (Prisons and |
12 | Parole) of the Pennsylvania Consolidated Statutes, |
13 | extensively revising provisions relating to registration of |
14 | sexual offenders pursuant to Federal mandate; and making |
15 | editorial changes," in the areas of perjury and falsification |
16 | in official matters, dissemination of criminal history record |
17 | information, disposition of children generally, court-ordered |
18 | involuntary treatment of certain sexually violent persons and |
19 | registration of sexual offenders; and, in juvenile matters, | <-- |
20 | further providing for definitions and for disposition of |
21 | dependent child. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. Section 9718.3(a) of Title 42 of the Pennsylvania | <-- |
3 | Consolidated Statutes is amended and the section is amended by |
4 | adding a subsection to read: |
5 | § 9718.3. Sentence for failure to comply with registration of |
6 | sexual offenders. |
7 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
8 | follows: |
9 | (1) Sentencing upon conviction for a first offense shall |
10 | be as follows: |
11 | (i) Not less than two years for an individual who: |
12 | (A) was subject to section 9795.1(a) (relating |
13 | to registration) or a similar provision from another |
14 | jurisdiction or former section 9793 (relating to |
15 | registration of certain offenders for ten years); and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
17 | (relating to failure to comply with registration of |
18 | sexual offenders requirements). |
19 | (ii) Not less than three years for an individual |
20 | who: |
21 | (A) was subject to section 9795.1(a) or a |
22 | similar provision from another jurisdiction or former |
23 | section 9793; and |
24 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
25 | (iii) Not less than three years for an individual |
26 | who: |
27 | (A) was subject to section 9795.1(b) or a |
28 | similar provision from another jurisdiction; and |
29 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
30 | (iv) Not less than five years for an individual who: |
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1 | (A) was subject to section 9795.1(b) or a |
2 | similar provision from another jurisdiction; and |
3 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
4 | (2) Sentencing upon conviction for a second or |
5 | subsequent offense shall be as follows: |
6 | (i) Not less than five years for an individual who: |
7 | (A) was subject to section 9795.1 or a similar |
8 | provision from another jurisdiction or former section |
9 | 9793; and |
10 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
11 | (ii) Not less than seven years for an individual |
12 | who: |
13 | (A) was subject to section 9795.1 or a similar |
14 | provision from another jurisdiction or former section |
15 | 9793; and |
16 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
17 | (a.1) Transients and mandatory sentence.--Mandatory |
18 | sentencing shall be as follows for an individual subject to |
19 | registration as a transient under section 9796.1 (relating to |
20 | registration of transients): |
21 | (1) Sentencing upon conviction for a first offense shall |
22 | be not less than two years for an individual who: |
23 | (i) was subject to section 9796.1 or a similar |
24 | provision from another jurisdiction; and |
25 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
26 | (2) Sentencing upon conviction for a second or |
27 | subsequent offense shall be not less than five years for an |
28 | individual who: |
29 | (i) was subject to section 9796.1 or a similar |
30 | provision from another jurisdiction; and |
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1 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
2 | * * * |
3 | Section 2. The amendment or addition of 42 Pa.C.S. § |
4 | 9718.3(a) and (a.1) shall apply to individuals convicted after |
5 | the effective date of this section. |
6 | Section 3. This act shall take effect in 60 days. |
7 | Section 1. Sections 4915(d) and (g) and 4915.1(b) and (c.1) | <-- |
8 | of Title 18 of the Pennsylvania Consolidated Statutes, amended |
9 | or added December 20, 2011 (P.L.446, No.111), are amended to |
10 | read: |
11 | § 4915. Failure to comply with registration of sexual offenders |
12 | requirements. |
13 | * * * |
14 | (d) Effect of notice.--Neither failure on the part of the |
15 | Pennsylvania State Police to send nor failure of a sexually |
16 | violent predator or offender to receive any notice or |
17 | information pursuant to 42 Pa.C.S. § 9796(a.1) [or], (b.1) or |
18 | (b.3) shall be a defense to a prosecution commenced against an |
19 | individual arising from a violation of this section. The |
20 | provisions of 42 Pa.C.S. § 9796(a.1) [and], (b.1) or (b.3) are |
21 | not an element of an offense under this section. |
22 | * * * |
23 | (g) Expiration.--This section shall expire [one year after |
24 | the effective date of this subsection] December 20, 2012. |
25 | § 4915.1. Failure to comply with registration requirements. |
26 | * * * |
27 | (b) Grading for sexual offenders who must register for 15 |
28 | years or who are required to register in another jurisdiction or | <-- |
29 | foreign country based upon a nonsexually violent offense must | <-- |
30 | register pursuant to 42 Pa.C.S. § 9799.13(7.1).-- |
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1 | (1) Except as set forth in paragraph (3), an individual |
2 | [subject to registration under 42 Pa.C.S. § 9799.13 and |
3 | required to register for a period of 15 years] who commits a |
4 | violation of subsection (a)(1) or (2) commits a felony of the |
5 | third degree. |
6 | (2) An individual [subject to registration under 42 |
7 | Pa.C.S. § 9799.13 and required to register for a period of 15 |
8 | years] who commits a violation of subsection (a)(1) or (2) |
9 | and who has previously been convicted of an offense under |
10 | subsection (a)(1) or (2) or (a.1)(1) or (2) or a similar |
11 | offense commits a felony of the second degree. |
12 | (3) An individual [subject to registration under 42 |
13 | Pa.C.S. § 9799.13 and required to register for a period of 15 |
14 | years] who violates subsection (a)(3) commits a felony of the |
15 | second degree. |
16 | (4) For the purposes of this subsection, an individual |
17 | shall mean an individual that meets any of the following: |
18 | (i) Is subject to registration under 42 Pa.C.S. § |
19 | 9799.13 and is required to register for a period of 15 |
20 | years. |
21 | (ii) Is subject to registration under 42 Pa.C.S. § |
22 | 9799.13(7.1). |
23 | * * * |
24 | (c.1) Grading for sexual offenders who are transients who |
25 | must register for 15 years.-- |
26 | (1) Except as set forth in paragraph (2) or (3), an |
27 | individual [subject to registration under 42 Pa.C.S. § |
28 | 9799.13 who is a transient who must register for 15 years] |
29 | commits a felony of the third degree if the individual |
30 | violates subsection (a.1)(1) or (2). |
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1 | (2) An individual [subject to registration under 42 |
2 | Pa.C.S. § 9799.13 who is a transient who must register for 15 |
3 | years] commits a felony of the second degree if the |
4 | individual violates subsection (a.1)(3). |
5 | (3) An individual [subject to registration under 42 |
6 | Pa.C.S. § 9799.13 who is a transient who must register for a |
7 | period of 15 years] commits a felony of the second degree if |
8 | the individual violates subsection (a.1)(1) or (2) and has |
9 | been previously convicted of an offense under subsection (a) |
10 | (1) or (2) or (a.1)(1) or (2) or a similar offense. |
11 | (4) For the purposes of this subsection, an individual |
12 | shall mean an individual that meets any of the following: |
13 | (i) Is subject to registration under 42 Pa.C.S. § |
14 | 9799.13 and is a transient who must register for a period |
15 | of 15 years. |
16 | (ii) Is subject to registration under 42 Pa.C.S. § |
17 | 9799.13(7.1) and is a transient. |
18 | * * * |
19 | Section 2. Section 9123(a) introductory paragraph of Title |
20 | 18 is amended and the section is amended by adding a subsection |
21 | to read: |
22 | § 9123. Juvenile records. |
23 | (a) Expungement of juvenile records.--Notwithstanding the |
24 | provisions of section 9105 (relating to other criminal justice |
25 | information) and except [upon cause shown] as provided under |
26 | subsection (a.1), expungement of records of juvenile delinquency |
27 | cases wherever kept or retained shall occur after 30 days' |
28 | notice to the district attorney, whenever the court upon its |
29 | motion or upon the motion of a child or the parents or guardian |
30 | finds: |
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1 | * * * |
2 | (a.1) Exceptions.--Subsection (a) shall not apply if any of |
3 | the following apply: |
4 | (1) The individual meets all of the following: |
5 | (i) Was 14 years of age or older at the time the |
6 | individual committed an offense which, if committed by an |
7 | adult, would be classified as: |
8 | (A) An offense under 18 Pa.C.S. § 3121 (relating |
9 | to rape), 3123 (relating to involuntary deviate |
10 | sexual intercourse) or 3125 (relating to aggravated |
11 | indecent assault). |
12 | (B) An attempt, solicitation or conspiracy to |
13 | commit an offense under 18 Pa.C.S. § 3121, 3123 or |
14 | 3125. |
15 | (ii) Was adjudicated delinquent for the offense |
16 | under subparagraph (i). |
17 | (2) Upon cause shown. |
18 | * * * |
19 | Section 2.1. Paragraph (3) of the definition of "child" in | <-- |
20 | section 6302 of Title 42 is amended to read: |
21 | § 6302. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have, unless the context clearly indicates otherwise, the |
24 | meanings given to them in this section: |
25 | * * * |
26 | "Child." An individual who: |
27 | * * * |
28 | (3) is under the age of 21 years and was adjudicated |
29 | dependent before reaching the age of 18 years [and who, while |
30 | engaged in a course of instruction or treatment, requests the |
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1 | court to retain jurisdiction until the course has been |
2 | completed, but in no event shall a child remain in a course |
3 | of instruction or treatment past the age of 21 years.], who |
4 | has requested the court to retain jurisdiction and who |
5 | remains under the jurisdiction of the court as a dependent |
6 | child because the court has determined that the child is: |
7 | (i) completing secondary education or an equivalent |
8 | credential; |
9 | (ii) enrolled in an institution which provides |
10 | postsecondary or vocational education; |
11 | (iii) participating in a program actively designed |
12 | to promote or remove barriers to employment; |
13 | (iv) employed for at least 80 hours per month; or |
14 | (v) incapable of doing any of the activities |
15 | described in subparagraph (i), (ii), (iii) or (iv) due to |
16 | a medical or behavioral health condition, which is |
17 | supported by regularly updated information in the |
18 | permanency plan of the child. |
19 | * * * |
20 | Section 2.2. Section 6351(e)(3) of Title 42 is amended by |
21 | adding a subparagraph, subsection (f) is amended by adding |
22 | paragraphs and the section is amended by adding a subsection to |
23 | read: |
24 | § 6351. Disposition of dependent child. |
25 | * * * |
26 | (e) Permanency hearings.-- |
27 | * * * |
28 | (3) The court shall conduct permanency hearings as |
29 | follows: |
30 | * * * |
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1 | (iii) If the court resumes jurisdiction of the child |
2 | pursuant to subsection (j), permanency hearings shall be |
3 | scheduled in accordance with applicable law until court |
4 | jurisdiction is terminated, but no later than when the |
5 | child attains 21 years of age. |
6 | (f) Matters to be determined at permanency hearing.--At each |
7 | permanency hearing, a court shall determine all of the |
8 | following: |
9 | * * * |
10 | (8.1) Whether the child continues to meet the definition |
11 | of "child" and has requested that the court continue |
12 | jurisdiction pursuant to section 6302 if the child is between |
13 | 18 and 21 years of age. |
14 | (8.2) That a transition plan has been presented in |
15 | accordance with section 475 of the Social Security Act (49 |
16 | Stat. 620, 42 U.S.C. § 675(5)(H)). |
17 | * * * |
18 | (j) Resumption of jurisdiction.--At any time prior to a |
19 | child reaching 21 years of age, a child may request the court to |
20 | resume dependency jurisdiction if: |
21 | (1) the child continues to meet the definition of |
22 | "child" pursuant to section 6302; and |
23 | (2) dependency jurisdiction was terminated: |
24 | (i) within 90 days prior to the child's 18th |
25 | birthday; or |
26 | (ii) on or after the child's 18th birthday, but | <-- |
27 | before the child turns 21 years of age. |
28 | Section 3. Sections 6358(a), 6403(a)(2), 6404.2(g) and |
29 | 9799.10(2) and (3) of Title 42, amended or added December 20, |
30 | 2011 (P.L.446, No.111), are amended to read: |
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1 | § 6358. Assessment of delinquent children by the State Sexual |
2 | Offenders Assessment Board. |
3 | (a) General rule.--A child who has been found to be |
4 | delinquent for an act of sexual violence which if committed by |
5 | an adult would be a violation of 18 Pa.C.S. § 3121 (relating to |
6 | rape), 3123 (relating to involuntary deviate sexual |
7 | intercourse), 3124.1 (relating to sexual assault), 3125 |
8 | (relating to aggravated indecent assault), 3126 (relating to |
9 | indecent assault) or 4302 (relating to incest) who is committed |
10 | to an institution or other facility pursuant to section 6352 |
11 | (relating to disposition of delinquent child) and who remains in |
12 | any such institution or facility as a result of that |
13 | adjudication of delinquency upon attaining 20 years of age shall |
14 | be subject to an assessment by the board. |
15 | * * * |
16 | § 6403. Court-ordered involuntary treatment. |
17 | (a) Persons subject to involuntary treatment.--A person may |
18 | be subject to court-ordered commitment for involuntary treatment |
19 | under this chapter if the person: |
20 | * * * |
21 | (2) Has been committed to an institution or other |
22 | facility pursuant to section 6352 (relating to disposition of |
23 | delinquent child) and remains in any such institution or |
24 | facility upon attaining 20 years of age as a result of having |
25 | been adjudicated delinquent for the act of sexual violence. |
26 | * * * |
27 | § 6404.2. Duration of outpatient commitment and review. |
28 | * * * |
29 | (g) Counseling of sexually violent delinquent children.--For |
30 | the time period under section 9799.15 (relating to period of |
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1 | registration), a sexually violent delinquent child shall attend |
2 | at least monthly counseling sessions in a program approved by |
3 | the board and shall be financially responsible for all fees |
4 | assessed from the counseling sessions. The board shall monitor |
5 | compliance. If the sexually violent delinquent child can prove |
6 | to the satisfaction of the court inability to afford to pay for |
7 | the counseling sessions, the sexually violent delinquent child |
8 | shall attend the counseling sessions; and the [parole office] |
9 | board shall pay the requisite fees. |
10 | § 9799.10. Purposes of subchapter. |
11 | This subchapter shall be interpreted and construed to |
12 | effectuate the following purposes: |
13 | * * * |
14 | (2) To require individuals convicted or adjudicated |
15 | delinquent of certain sexual offenses to register with the |
16 | Pennsylvania State Police and to otherwise comply with this |
17 | subchapter if those individuals reside within this |
18 | Commonwealth, intend to reside within this Commonwealth, |
19 | attend an educational institution within this Commonwealth or |
20 | are employed or conduct volunteer work within this |
21 | Commonwealth. |
22 | (3) To require individuals convicted or adjudicated |
23 | delinquent of certain sexual offenses who fail to maintain a |
24 | residence and are therefore homeless but can still be found |
25 | within the borders of this Commonwealth to register with the |
26 | Pennsylvania State Police. |
27 | * * * |
28 | Section 4. The definitions of "approved registration site," |
29 | "convicted," "juvenile offender" and "sexually violent predator" |
30 | in section 9799.12 of Title 42, added December 20, 2011 |
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1 | (P.L.446, No.111), are amended to read: |
2 | § 9799.12. Definitions. |
3 | The following words and phrases when used in this subchapter |
4 | shall have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | "Approved registration site." [A site in this Commonwealth |
7 | approved by the Pennsylvania State Police: |
8 | (1) at which individuals subject to this subchapter may |
9 | register, update and verify information or be fingerprinted |
10 | and photographed as required by this subchapter; |
11 | (2) which is capable of submitting fingerprints |
12 | utilizing the Integrated Automated Fingerprint Identification |
13 | System or in another manner and in the form as the |
14 | Pennsylvania State Police shall require; and |
15 | (3) which is capable of submitting photographs in the |
16 | form as the Pennsylvania State Police shall require.] A site |
17 | in this Commonwealth approved by the Pennsylvania State |
18 | Police at which individuals subject to this subchapter may |
19 | comply with this subchapter. |
20 | * * * |
21 | "Convicted." Includes conviction by entry of plea of guilty |
22 | or nolo contendere, conviction after trial or court martial and |
23 | a finding of not guilty due to insanity or of guilty but |
24 | mentally ill. |
25 | * * * |
26 | "Juvenile offender." One of the following: |
27 | (1) An individual who was 14 years of age or older at |
28 | the time the individual committed an offense which, if |
29 | committed by an adult, would be classified as an offense |
30 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to |
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1 | involuntary deviate sexual intercourse) or 3125 (relating to |
2 | aggravated indecent assault) or an attempt, solicitation or |
3 | conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 |
4 | or 3125 and either: |
5 | (i) is adjudicated delinquent for such offense on or |
6 | after the effective date of this section; or |
7 | (ii) has been adjudicated delinquent for such |
8 | offense and on the effective date of this section is |
9 | subject to the jurisdiction of the court on the basis of |
10 | that adjudication of delinquency, including commitment to |
11 | an institution or facility set forth in section 6352(a) |
12 | (3) (relating to a disposition of delinquent child). |
13 | (2) An individual who was 14 years of age or older at |
14 | the time the individual committed an offense similar to an |
15 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, |
16 | solicitation or conspiracy to commit an offense similar to an |
17 | offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws |
18 | of the United States, another jurisdiction or a foreign |
19 | country and was adjudicated delinquent for such an offense. |
20 | (3) An individual who, on or after the effective date of |
21 | this paragraph, was required to register in a sexual offender |
22 | registry in another jurisdiction or foreign country based |
23 | upon an adjudication of delinquency. |
24 | The term does not include a sexually violent delinquent child. |
25 | * * * |
26 | "Sexually violent predator." An individual determined to be |
27 | a sexually violent predator under section 9795.4 (relating to |
28 | assessments) prior to the effective date of this subchapter, or |
29 | an individual convicted of an offense specified in: |
30 | (1) section 9799.14(b)(1), (2), (3), (4), (5), (6), |
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1 | [(7),] (8), (9) or (10) (relating to sexual offenses and tier |
2 | system) or an attempt, conspiracy or solicitation to commit |
3 | any offense under section 9799.14(b)(1), (2), (3), (4), (5), |
4 | (6), [(7),] (8), (9) or (10); |
5 | (2) section 9799.14(c)(1), (1.1), (1.2), (2), (3), (4), |
6 | (5) or (6) or an attempt, conspiracy or solicitation to |
7 | commit an offense under section 9799.14(c)(1), (1.1), (1.2), |
8 | (2), (3), (4), (5) or (6); or |
9 | (3) section 9799.14(d)(1), (2), (3), (4), (5), (6), (7), |
10 | (8) or (9) or an attempt, conspiracy or solicitation to |
11 | commit an offense under section 9799.14(d)(1), (2), (3), (4), |
12 | (5), (6), (7), (8) or (9) |
13 | who on or after the effective date of this subchapter is |
14 | determined to be a sexually violent predator under section |
15 | 9799.24 (relating to assessments) due to a mental abnormality or |
16 | personality disorder that makes the individual likely to engage |
17 | in predatory sexually violent offenses. The term includes an |
18 | individual determined to be a sexually violent predator or |
19 | similar designation where the determination occurred in another |
20 | jurisdiction, a foreign country or by court martial following a |
21 | judicial or administrative determination pursuant to a process |
22 | similar to that under section 9799.24. |
23 | * * * |
24 | Section 5. Section 9799.13 of Title 42, added December 20, | <-- |
25 | 2011 (P.L.446, No.111), is amended to read: |
26 | § 9799.13. Applicability. |
27 | The following individuals shall register with the |
28 | Pennsylvania State Police as provided in sections 9799.15 |
29 | (relating to period of registration), 9799.19 (relating to |
30 | initial registration) and 9799.25 (relating to verification by |
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1 | sexual offenders and Pennsylvania State Police) and otherwise |
2 | comply with the provisions of this subchapter: |
3 | (1) An individual who, on or after the effective date of |
4 | this section, [has been] is convicted of a sexually violent |
5 | offense and who has a residence within this Commonwealth or |
6 | is a transient. |
7 | (1.1) An individual who, on or after the effective date |
8 | of this section, is convicted of a sexually violent offense |
9 | in this Commonwealth and does not have a residence in this |
10 | Commonwealth and: |
11 | (i) is employed in this Commonwealth; or |
12 | (ii) is a student in this Commonwealth. |
13 | [(1.1)] (1.2) An individual who, on or after the |
14 | effective date of this section, [has been] is convicted of a |
15 | sexually violent offense [in this Commonwealth] and does not |
16 | have a residence within this Commonwealth or is not a |
17 | transient in this Commonwealth and: |
18 | (i) is employed in this Commonwealth; or |
19 | (ii) is a student in this Commonwealth. |
20 | (2) An individual who, on or after the effective date of |
21 | this section, is, as a result of a conviction for a sexually |
22 | violent offense, an inmate in a State or county correctional |
23 | institution of this Commonwealth, including a community |
24 | corrections center or a community contract facility, is being |
25 | supervised by the Pennsylvania Board of Probation and Parole |
26 | or county probation or parole [or], is subject to a sentence | <-- |
27 | of intermediate punishment [and has been convicted of a |
28 | sexually violent offense] or has supervision transferred | <-- |
29 | pursuant to the Interstate Compact for Adult Supervision in |
30 | accordance with section 9799.19(g). |
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1 | (2.1) An individual who, on or after the effective date |
2 | of this section, is, as a result of a conviction for a |
3 | sexually violent offense, an inmate in a Federal correctional |
4 | institution or is supervised by Federal probation authorities |
5 | [and has committed a sexually violent offense] and who: |
6 | (i) has a residence within this Commonwealth or is a |
7 | transient; |
8 | (ii) is employed within this Commonwealth; or |
9 | (iii) is a student within this Commonwealth. |
10 | (3) An individual who is required to register or was |
11 | required to register and failed to register with the |
12 | Pennsylvania State Police under this subchapter prior to the |
13 | effective date of this section and who has not fulfilled the |
14 | period of registration as of the effective date of this |
15 | section. |
16 | [(4) An individual who was required to register with the |
17 | Pennsylvania State Police pursuant to former section 9795.1 |
18 | (relating to registration) and: |
19 | (i) has fulfilled the period of registration |
20 | provided in former section 9795.1(a) or has been removed |
21 | from the registry under former section 9795.5 (relating |
22 | to exemption from certain notifications); and |
23 | (ii) on or after the effective date of this section, |
24 | is convicted of a sexually violent offense or convicted |
25 | of an offense graded as a felony. |
26 | (4.1) An individual who was required to register under |
27 | this subchapter and has fulfilled the period of registration |
28 | provided in this subchapter and who, on or after the |
29 | effective date of this section, is convicted of a sexually |
30 | violent offense or of an offense graded as a felony. |
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1 | (5) An individual who, on or after the effective date of |
2 | this section, was required to register with the Pennsylvania |
3 | State Police pursuant to this subchapter and: |
4 | (i) has fulfilled the period of registration |
5 | provided in this subchapter; and |
6 | (ii) on or after the effective date of this section, |
7 | is convicted of an offense graded as a felony. |
8 | (6) An individual who, on or after the effective date of |
9 | this section, was required to register with the Pennsylvania |
10 | State Police pursuant to this subchapter and: |
11 | (i) has been removed from the registry pursuant to |
12 | section 9799.17 (relating to termination of period of |
13 | registration for juvenile offenders); and |
14 | (ii) is subsequently convicted of an offense graded |
15 | as a felony.] |
16 | (7) An individual who, on or after the effective date of |
17 | this section, is required to register in a sexual offender |
18 | registry in another jurisdiction or in a foreign country |
19 | based upon a conviction for a sexually violent offense or |
20 | under a sexual offender statute in the jurisdiction where the |
21 | individual is convicted and: |
22 | (i) has a residence in this Commonwealth or is a |
23 | transient; |
24 | (ii) is employed within this Commonwealth; or |
25 | (iii) is a student within this Commonwealth. |
26 | (7.1) An individual who, on or after the effective date |
27 | of this section, is required to register in a sexual offender |
28 | registry in another jurisdiction or foreign country based |
29 | upon a conviction of [a sexual offense which is not |
30 | classified as a sexually violent offense] an offense set |
|
1 | forth in section 9799.14(b)(23) (relating to sexual offenses |
2 | and tier system) and: |
3 | (i) has a residence in this Commonwealth or is a |
4 | transient; |
5 | (ii) is employed within this Commonwealth; or |
6 | (iii) is a student within this Commonwealth. |
7 | (7.2) An individual who, on or after the effective date |
8 | of this paragraph, is convicted of a sexually violent offense |
9 | in another jurisdiction or foreign country, or is |
10 | incarcerated or under supervision as a result of a conviction |
11 | for a sexually violent offense in another jurisdiction or |
12 | foreign country and: |
13 | (i) has a residence in this Commonwealth or is a |
14 | transient; |
15 | (ii) is employed within this Commonwealth; or |
16 | (iii) is a student within this Commonwealth. |
17 | (8) An individual who, on or after the effective date of |
18 | this section, is a juvenile offender who was adjudicated |
19 | delinquent within this Commonwealth or was adjudicated |
20 | delinquent in another jurisdiction or a foreign country and: |
21 | (i) has a residence within this Commonwealth; |
22 | (ii) is employed within this Commonwealth; or |
23 | (iii) is a student within this Commonwealth. |
24 | (8.1) An individual who is a juvenile offender who is |
25 | adjudicated delinquent in this Commonwealth on or after the |
26 | effective date of this paragraph, but who does not have a |
27 | residence within this Commonwealth, is not a transient, is |
28 | not employed in this Commonwealth or is not a student within |
29 | this Commonwealth, must register with the Pennsylvania State |
30 | Police in accordance with section 9799.19 (relating to |
|
1 | initial registration) prior to leaving this Commonwealth. |
2 | (9) An individual who, on or after the effective date of |
3 | this section, is a sexually violent delinquent child who is |
4 | committed for involuntary treatment or, on the effective date of |
5 | this section, is under commitment receiving involuntary |
6 | treatment in the State-owned facility or unit as set forth in |
7 | Chapter 64 (relating to court-ordered involuntary treatment of |
8 | certain sexually violent persons). |
9 | Section 6. Section 9799.14(b)(12) and (21), (c)(9), (12) and |
10 | (17) and (d)(12), (13) and (15) of Title 42, added December 20, |
11 | 2011 (P.L.446, No.111), are amended and subsection (b) is |
12 | amended by adding a paragraph to read: |
13 | § 9799.14. Sexual offenses and tier system. |
14 | * * * |
15 | (b) Tier I sexual offenses.--The following offenses shall be |
16 | classified as Tier I sexual offenses: |
17 | * * * |
18 | (12) 18 U.S.C. § [2252] 2252(a)(4) (relating to certain |
19 | activities relating to material involving the sexual |
20 | exploitation of minors). |
21 | * * * |
22 | (21) A comparable military offense or similar offense |
23 | under the laws of another jurisdiction or foreign country, or |
24 | under a former law of this Commonwealth. |
25 | * * * |
26 | (23) A conviction for a sexual offense in another |
27 | jurisdiction or foreign country that is not set forth in this |
28 | section, but nevertheless requires registration under a |
29 | sexual offender statute in the jurisdiction or foreign |
30 | country. |
|
1 | (c) Tier II sexual offenses.--The following offenses shall |
2 | be classified as Tier II sexual offenses: |
3 | * * * |
4 | (9) 18 U.S.C. § 2244 (relating to abusive sexual |
5 | contact) where the victim is 13 years of age or older but |
6 | under 18 years of age. |
7 | * * * |
8 | (12) 18 U.S.C. § [2252] 2252(a)(1), (2) or (3). |
9 | * * * |
10 | (17) A comparable military offense or similar offense |
11 | under the laws of another jurisdiction or foreign country, or |
12 | under a former law of this Commonwealth. |
13 | * * * |
14 | (d) Tier III sexual offenses.--The following offenses shall |
15 | be classified as Tier III sexual offenses: |
16 | * * * |
17 | (12) 18 U.S.C. § 2244 where the victim is under 13 years | <-- |
18 | of age. |
19 | (13) A comparable military offense or similar offense |
20 | under the laws of another jurisdiction or country, or under a |
21 | former law of this Commonwealth. |
22 | * * * |
23 | (15) [An offense listed as a Tier II sexual offense |
24 | where there is a subsequent conviction for an offense graded |
25 | as a felony.] (Reserved). |
26 | * * * |
27 | Section 7. Section 9799.15(a)(1), (4) and (7), (c), (f), (g) |
28 | and (h) of Title 42, added December 20, 2011 (P.L.446, No.111), |
29 | are amended, subsection (a) is amended by adding a paragraph and |
30 | the section is amended by adding a subsection to read: |
|
1 | § 9799.15. Period of registration. |
2 | (a) Period of registration.--Subject to subsection (c), an |
3 | individual specified in section 9799.13 (relating to |
4 | applicability) shall register with the Pennsylvania State Police |
5 | as follows: |
6 | (1) An individual convicted of a Tier I sexual offense, |
7 | except an offense set forth in section 9799.14(b)(23) |
8 | (relating to sexual offenses and tier system), shall register |
9 | for a period of 15 years. |
10 | * * * |
11 | (4) A juvenile offender who was adjudicated delinquent |
12 | in this Commonwealth, or who was adjudicated delinquent in |
13 | another jurisdiction or foreign country as a consequence of |
14 | having committed an offense similar to an offense which would |
15 | require the individual to register if the offense was |
16 | committed in this Commonwealth, shall register for the life |
17 | of the individual. |
18 | (4.1) A juvenile offender who is required to register in |
19 | a sexual offender registry in another jurisdiction or foreign |
20 | country as a consequence of having been adjudicated |
21 | delinquent for an offense similar to an offense which, if |
22 | committed in this Commonwealth, would not require the |
23 | individual to register shall register for a period of time |
24 | equal to that required of the individual in the other |
25 | jurisdiction or foreign country. |
26 | * * * |
27 | (7) An individual subject to registration under section |
28 | [9799.13] 9799.13(7.1) shall register for the period of time |
29 | equal to the time for which the individual was required to |
30 | register in another jurisdiction or foreign country. |
|
1 | * * * |
2 | (c) Period of registration tolled.--The following shall |
3 | apply: |
4 | (1) The period of registration set forth in subsection |
5 | (a) shall be tolled for the period of time in which the |
6 | individual specified in section 9799.13 is: |
7 | (i) incarcerated in a Federal, State or county |
8 | correctional institution, excluding a community contract |
9 | facility or community corrections center; |
10 | (ii) subject to a sentence of intermediate |
11 | punishment which is restrictive and where the individual |
12 | is sentenced to a period of incarceration; |
13 | (iii) committed to an institution or facility set |
14 | forth in section 6352(a)(3) that provides the individual |
15 | with 24-hour-per-day supervision and care; [or] |
16 | (iv) committed to and receiving involuntary |
17 | inpatient treatment in the State-owned facility or unit |
18 | set forth in Chapter 64 (relating to court-ordered |
19 | involuntary treatment of certain sexually violent |
20 | persons)[.]; or |
21 | (v) incarcerated in a Federal correctional |
22 | institution, excluding a community contract facility or |
23 | community corrections center. |
24 | (2) This subsection shall apply to an individual |
25 | specified in section 9799.13 who is recommitted to a Federal, |
26 | State or county correctional institution for a parole |
27 | violation or who has been sentenced to an additional term of |
28 | imprisonment. [In the case of recommitment, the Department of |
29 | Corrections or the county correctional facility shall notify |
30 | the Pennsylvania State Police of the admission of the |
|
1 | individual.] In addition, this subsection shall apply to an |
2 | individual committed to or recommitted to a Federal |
3 | correctional institution. In the case of recommitment to a |
4 | State or county correctional institution, the Department of |
5 | Corrections or the county correctional facility shall notify |
6 | the Pennsylvania State Police of the admission of the |
7 | individual. |
8 | * * * |
9 | (f) Sexually violent predators.--[An individual convicted of |
10 | a Tier I sexual offense, a Tier II sexual offense or a Tier III |
11 | sexual offense who is determined to be a] A sexually violent |
12 | predator [under section 9799.24] shall appear in person at an |
13 | approved registration site to: |
14 | (1) provide or verify the information set forth in |
15 | section 9799.16(b); [and] |
16 | (2) be photographed quarterly[.]; and |
17 | (3) state whether he is in compliance with section |
18 | 9799.36 (relating to counseling of sexually violent |
19 | predators). |
20 | (g) In-person appearance to update information.--In addition |
21 | to the periodic in-person appearance required in [subsection] |
22 | subsections (e), (f) and (h), an individual specified in section |
23 | 9799.13 shall appear in person at an approved registration site |
24 | within three business days to provide current information |
25 | relating to: |
26 | (1) A change in name, including an alias. |
27 | (2) A commencement of residence, change in residence, |
28 | termination of residence or failure to maintain a residence, |
29 | thus making the individual a transient. |
30 | (3) Commencement of employment, a change in the location |
|
1 | or entity in which the individual is employed or a |
2 | termination of employment. |
3 | (4) Initial enrollment as a student, a change in |
4 | enrollment as a student or termination as a student. |
5 | (5) An addition and a change in telephone number, |
6 | including a cell phone number, or a termination of telephone |
7 | number, including a cell phone number. |
8 | (6) An addition, a change in and termination of a motor |
9 | vehicle owned or operated, including watercraft or aircraft. |
10 | In order to fulfill the requirements of this paragraph, the |
11 | individual must provide any license plate numbers and |
12 | registration numbers and other identifiers and an addition to |
13 | or change in the address of the place the vehicle is stored. |
14 | (7) A commencement of temporary lodging, a change in |
15 | temporary lodging or a termination of temporary lodging. In |
16 | order to fulfill the requirements of this paragraph, the |
17 | individual must provide the specific length of time and the |
18 | dates during which the individual will be temporarily lodged. |
19 | (8) [A] An addition, change in or termination of e-mail |
20 | address, instant message address or any other designations |
21 | used in Internet communications or postings. |
22 | (9) An addition, change in or termination of information |
23 | related to occupational and professional licensing, including |
24 | type of license held and license number. |
25 | (h) Transients, juvenile offenders and sexually violent |
26 | delinquent children.--If the individual specified in section |
27 | 9799.13 is a transient, a juvenile offender or a sexually |
28 | violent delinquent child, the following apply: |
29 | (1) If the individual is a transient, the individual |
30 | shall appear in person at an approved registration site to |
|
1 | provide or to verify the information set forth in section |
2 | 9799.16(b) and to be photographed monthly. The duty to appear |
3 | in person monthly and to be photographed shall apply until a |
4 | transient establishes a residence. In the event a transient |
5 | establishes a residence, the requirement of periodic in- |
6 | person appearances set forth in subsection (e) shall apply. |
7 | (2) If the individual is a juvenile offender who is not |
8 | a transient, the individual shall appear at an approved |
9 | registration site to provide or verify the information set |
10 | forth in section 9799.16(b) and to be photographed quarterly. |
11 | (3) If the individual is a sexually violent delinquent |
12 | child who is not a transient, the individual shall appear at |
13 | an approved registration site to provide or verify the |
14 | information set forth in section 9799.16(b) and to be |
15 | photographed quarterly. |
16 | * * * |
17 | (j) In-person reporting by incarcerated or committed |
18 | individuals.--The requirements of subsections (e), (f), (g) and |
19 | (h) do not apply where the individual specified in section |
20 | 9799.13 is: |
21 | (1) incarcerated in a correctional institution, |
22 | excluding a community contract facility or community |
23 | corrections center; |
24 | (2) subject to a sentence of intermediate punishment |
25 | which is restrictive and where the individual is sentenced to |
26 | a period of incarceration; |
27 | (3) committed to an institution or facility set forth in |
28 | section 6352(a)(3) which provides the individual with 24- |
29 | hour-per-day supervision and care; or |
30 | (4) committed to and receiving involuntary inpatient |
|
1 | treatment in the State-owned facility or unit set forth in |
2 | Chapter 64 (relating to court-ordered involuntary treatment |
3 | of certain sexually violent persons). |
4 | Section 8. Sections 9799.16(b)(5) and (6), (c) introductory |
5 | paragraph and (d), 9799.17 and 9799.18(a)(4), (5) and (6) and |
6 | (d)(1) of Title 42, added December 20, 2011 (P.L.446, No.111), |
7 | are amended to read: |
8 | § 9799.16. Registry. |
9 | * * * |
10 | (b) Information provided by sexual offender.--An individual |
11 | specified in section 9799.13 (relating to applicability) shall |
12 | provide the following information which shall be included in the |
13 | registry: |
14 | * * * |
15 | (5) Address of each residence or intended residence, | <-- |
16 | including the location at which the individual receives mail |
17 | including a post office box, whether or not the residence or |
18 | intended residence is located within this Commonwealth and | <-- |
19 | the location at which the individual receives mail, including |
20 | a post office box. If the individual [enters this |
21 | Commonwealth and] fails to maintain a residence and is |
22 | therefore a transient, the individual shall provide |
23 | information for the registry as set forth in paragraph (6). |
24 | (6) If the individual is a transient, the individual |
25 | shall provide information about the transient's temporary |
26 | habitat or other temporary place of abode or dwelling, |
27 | including, but not limited to, a homeless shelter or park. In |
28 | addition, the transient shall provide a list of places the |
29 | transient eats, frequents and engages in leisure activities |
30 | and any planned destinations, including those outside this |
|
1 | Commonwealth. If the transient changes or adds to the places |
2 | listed under this paragraph during a [30-day] monthly period, |
3 | the transient shall list these when registering as a |
4 | transient during the next [30-day] monthly period. In |
5 | addition, the transient shall provide the place the transient |
6 | receives mail, including a post office box. If the transient |
7 | has been designated as a sexually violent predator, the |
8 | transient shall state whether he is in compliance with |
9 | section 9799.36 (relating to counseling of sexually violent |
10 | predators). The duty to provide the information set forth in |
11 | this paragraph shall apply until the transient establishes a |
12 | residence. In the event a transient establishes a residence, |
13 | the requirements of section 9799.15(e) (relating to period of |
14 | registration) shall apply. |
15 | * * * |
16 | (c) Criminal justice information.--The Pennsylvania State |
17 | Police shall ensure that the following information is included |
18 | in, or electronically accessible by, the registry: |
19 | * * * |
20 | (d) Cooperation.--[The] There shall be cooperation between |
21 | the Pennsylvania State Police [shall cooperate with], State and |
22 | county correctional institutions, the Pennsylvania Board of |
23 | Probation and Parole, the county office of probation and parole, |
24 | any court with jurisdiction over a sexual offender, the chief |
25 | juvenile probation officer of the court, juvenile probation and |
26 | parole and the Department of Public Welfare to ensure that the |
27 | information set forth in subsections (b) and (c) is provided and |
28 | placed in the registry. |
29 | § 9799.17. Termination of period of registration for juvenile |
30 | offenders. |
|
1 | (a) Juvenile offender.--An individual who is a juvenile |
2 | offender, with the exception of a juvenile offender whose period |
3 | of registration is determined by section 9799.15(a)(4.1) |
4 | (relating to period of registration), shall have the requirement |
5 | to register terminated if all of the following apply: |
6 | (1) At least 25 years have elapsed since the individual |
7 | was: |
8 | (i) adjudicated delinquent for an offense which, if |
9 | committed by an adult, would be classified as an offense |
10 | under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to |
11 | involuntary deviate sexual intercourse) or 3125 (relating to |
12 | aggravated indecent assault) or an attempt, solicitation or |
13 | conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123 |
14 | or 3125, excluding time spent under the supervision of the |
15 | court, including commitment to an institution or facility set |
16 | forth in section 6352(a)(3) (relating to deposition of |
17 | delinquent child); or |
18 | (ii) adjudicated delinquent for an offense in |
19 | another jurisdiction or foreign country which is similar |
20 | to that which if committed by an adult in this |
21 | Commonwealth would be classified as an offense under 18 |
22 | Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation |
23 | or conspiracy to commit an offense under 18 Pa.C.S. § |
24 | 3121, 3123 or 3125. |
25 | (2) For a period of 25 years prior to the filing of the |
26 | petition, the individual has not been convicted of a |
27 | subsequent sexually violent offense or a subsequent offense: |
28 | (i) graded as a misdemeanor of the second degree or |
29 | higher; or |
30 | (ii) which is punishable by a term of imprisonment |
|
1 | greater than one year. |
2 | (3) The individual successfully completed court-ordered |
3 | supervision without revocation. |
4 | (4) The individual successfully completed a treatment |
5 | program for sexual offenders recognized by the juvenile court |
6 | in this Commonwealth or another jurisdiction or the United |
7 | States Attorney General under section 115(b)(1) of the Adam |
8 | Walsh Child Protection and Safety Act of 2006 (Public Law |
9 | 109-248, 42 U.S.C. § 16915(b)(1)). |
10 | (b) Procedure.--An individual who was adjudicated delinquent |
11 | in this Commonwealth, and who seeks to terminate the obligation |
12 | to register pursuant to subsection (a) may petition the court of |
13 | common pleas of the county in which the individual was |
14 | adjudicated delinquent for termination. An individual who was |
15 | adjudicated delinquent in another jurisdiction or foreign |
16 | country may petition the court of common pleas in the county in |
17 | which the individual has established a residence in this |
18 | Commonwealth. The court shall: |
19 | (1) Within 120 days of the filing of the petition under |
20 | this subsection, hold a hearing to determine whether to |
21 | terminate the obligation to register. The petitioner and the |
22 | district attorney shall be given notice of the hearing and an |
23 | opportunity to be heard, the right to call witnesses, the |
24 | right to call expert witnesses and the right to cross-examine |
25 | witnesses. The petitioner shall have the right to counsel and |
26 | to have a lawyer appointed if the petitioner cannot afford |
27 | one. |
28 | (2) Terminate the obligation to register only upon a |
29 | finding of clear and convincing evidence that the petitioner |
30 | has satisfied the criteria in subsection (a) and that |
|
1 | allowing the petitioner to terminate the obligation to |
2 | register is not likely to pose a threat to the safety of any |
3 | other person. The burden of proof shall be on the petitioner. |
4 | (c) Notice.--A court granting relief under this section |
5 | shall notify the Megan's Law Unit of the Pennsylvania State |
6 | Police in writing within ten days from the date relief is |
7 | granted. |
8 | (d) Right to appeal.--The petitioner and the Commonwealth |
9 | shall have the right to appellate review of the actions of the |
10 | court taken under this section. An appeal by the Commonwealth |
11 | shall stay the order of the court. |
12 | (e) Prohibition.--This section shall not apply to an |
13 | individual who: |
14 | (1) Has been designated as a sexually violent predator. |
15 | (2) Has been convicted of a sexually violent offense who |
16 | is required to register for a period of 15 years or a period |
17 | of 25 years. |
18 | (3) Has been convicted of a sexually violent offense who |
19 | is required to register for a period of life. |
20 | (4) Is a sexually violent delinquent child. |
21 | § 9799.18. Information sharing. |
22 | (a) General rule.--The Pennsylvania State Police shall, |
23 | within three business days, [transfer] make available |
24 | information provided by an individual set forth in section |
25 | 9799.13 (relating to applicability) under sections 9799.15(g) |
26 | and (i) (relating to period of registration), 9799.16(b) |
27 | (relating to registry) and 9799.19 (relating to initial |
28 | registration) to: |
29 | * * * |
30 | (4) The district attorney of the county in which the |
|
1 | individual: |
2 | (i) establishes a residence or terminates a |
3 | residence, or is transient; |
4 | (ii) commences employment or terminates employment; |
5 | or |
6 | (iii) enrolls as a student or terminates enrollment |
7 | as a student. |
8 | (5) The chief law enforcement officer of the police |
9 | department of the municipality in which the individual: |
10 | (i) establishes a residence or terminates a |
11 | residence, or is transient; |
12 | (ii) commences employment or terminates employment; |
13 | or |
14 | (iii) enrolls as a student or terminates enrollment |
15 | as a student. |
16 | (6) The county office of probation and parole for the |
17 | county in which the individual: |
18 | (i) establishes a residence or terminates a |
19 | residence, or is transient; |
20 | (ii) commences employment or terminates employment; |
21 | or |
22 | (iii) enrolls as a student or terminates enrollment |
23 | as a student. |
24 | * * * |
25 | (d) International travel.--The Pennsylvania State Police |
26 | shall, within three business days, transfer information about |
27 | international travel provided by the sexual offender under |
28 | section 9799.15(i) to: |
29 | (1) A jurisdiction in which the sexual offender is |
30 | required to register the sexual offender's residence, as a |
|
1 | transient, employment or enrollment as a student. |
2 | * * * |
3 | Section 9. Section 9799.19(b), (b.1) introductory paragraph |
4 | (h), (i) and (j) of Title 42, added December 20, 2011 (P.L.446, |
5 | No.111), are amended and the section is amended by adding |
6 | subsections to read: |
7 | § 9799.19. Initial registration. |
8 | * * * |
9 | (b) Initial registration if incarcerated within Commonwealth |
10 | or by Federal Court on effective date of section.--The following |
11 | apply: |
12 | (1) If the individual is, [on] prior to the effective |
13 | date of this section, incarcerated in a Federal, State or |
14 | county correctional facility, the individual shall provide |
15 | the information set forth in section 9799.16(b) (relating to |
16 | registry) to the appropriate official of the Federal, State |
17 | or county correctional facility or the Pennsylvania Board of |
18 | Probation and Parole for inclusion in the registry before |
19 | being released due to: |
20 | (i) the expiration of sentence, in which case the |
21 | information shall be collected no later than ten days |
22 | prior to the maximum expiration date; |
23 | (ii) parole; |
24 | (iii) State or county intermediate punishment where |
25 | the sentence is restrictive and the individual is |
26 | sentenced to a period of incarceration in a State or |
27 | county correctional institution or a work release |
28 | facility; or |
29 | (iv) special probation supervised by the |
30 | Pennsylvania Board of Probation and Parole. |
|
1 | (2) For individuals set forth in paragraph (1), the |
2 | appropriate official of the Federal, State or county |
3 | correctional facility or the Pennsylvania Board of Probation |
4 | and Parole shall collect and forward the information in |
5 | section 9799.16(b) to the Pennsylvania State Police. The |
6 | appropriate official shall, in addition, ensure that the |
7 | information set forth in section 9799.16(c) is collected and |
8 | forwarded to the Pennsylvania State Police. The information |
9 | in section 9799.16(b) and (c) shall be included in the |
10 | registry. With respect to individuals released under |
11 | paragraph (1)(ii), (iii) or (iv), the State or county |
12 | correctional facility shall not release the individual until |
13 | it receives verification from the Pennsylvania State Police |
14 | that it has received the information set forth in section |
15 | 9799.16(b) and (c). Verification may take place by electronic |
16 | means. With respect to individuals released under paragraph |
17 | (1)(i), if the individual refuses to provide the information |
18 | set forth in section 9799.16(b), the State or county |
19 | correctional institution shall notify the Pennsylvania State |
20 | Police or the municipal police department with jurisdiction |
21 | over the facility of the failure to provide the information |
22 | and of the expected date, time and location of the release of |
23 | the individual. |
24 | (b.1) Initial registration if sentenced to a county or State |
25 | correctional facility on or after the effective date of |
26 | section.--If the individual is, on or after the effective date |
27 | of this section, sentenced to a period of incarceration in a |
28 | county or State correctional facility, the individual shall |
29 | provide the information set forth in section 9799.16(b) as |
30 | follows: |
|
1 | * * * |
2 | (e.1) Initial registration for county or Federal |
3 | probationers on the effective date of this section.-- |
4 | (1) If the individual is, on the effective date of this |
5 | section, already serving a sentence of county probation, the |
6 | appropriate office of probation and parole serving the county |
7 | shall register the individual within 48 hours. The |
8 | appropriate official of that office shall collect the |
9 | information set forth in section 9799.16(b) and forward that |
10 | information to the Pennsylvania State Police. The |
11 | Pennsylvania State Police shall ensure that the information |
12 | set forth in section 9799.16(c) is collected. The information |
13 | in section 9799.16(b) and (c) shall be included in the |
14 | registry. If the individual fails to comply, the appropriate |
15 | official of that office shall notify the Pennsylvania State |
16 | Police. |
17 | (2) If the individual is, on the effective date of this |
18 | section, already under the supervision of Federal probation |
19 | authorities for a sexually violent offense, the individual |
20 | shall provide the information set forth in section 9799.16(b) |
21 | by appearing at an approved registration site within 48 hours |
22 | of the effective date of this section. |
23 | (e.2) Initial registration for county or State parolees on |
24 | the effective date of this section.-- |
25 | (1) If the individual is, on the effective date of this |
26 | section, already serving a sentence of county parole, the |
27 | appropriate office of probation and parole serving the county |
28 | shall register the individual within 48 hours. The |
29 | appropriate official of that office shall collect the |
30 | information set forth in section 9799.16(b) and forward that |
|
1 | information to the Pennsylvania State Police. The |
2 | Pennsylvania State Police shall ensure that the information |
3 | set forth in section 9799.16(c) is collected. The information |
4 | in section 9799.16(b) and (c) shall be included in the |
5 | registry. If the individual fails to comply, the appropriate |
6 | official of that office shall notify the Pennsylvania State |
7 | Police. |
8 | (2) If the individual is, on the effective date of this |
9 | section, already serving a sentence of State parole, the |
10 | Pennsylvania Board of Probation and Parole shall register the |
11 | individual within 48 hours. The appropriate official of |
12 | Pennsylvania Board of Probation and Parole shall collect the |
13 | information set forth in section 9799.16(b) from the |
14 | individual and forward the information to the Pennsylvania |
15 | State Police. The Pennsylvania State Police shall ensure that |
16 | the information set forth in section 9799.16(c) is collected. |
17 | The information in section 9799.16(b) and (c) shall be |
18 | included in the registry. If the individual fails to comply, |
19 | the appropriate official of the Pennsylvania Board of |
20 | Probation and Parole shall notify the Pennsylvania State |
21 | Police. |
22 | * * * |
23 | (h) Initial registration of juvenile offender or sexually |
24 | violent delinquent child.--[If the individual is a juvenile |
25 | offender or a sexually violent delinquent child, the following |
26 | apply:] |
27 | (1) If the individual is a juvenile offender who is |
28 | adjudicated delinquent by a court on or after the effective |
29 | date of this section, the following apply: |
30 | (i) The court shall require the individual to |
|
1 | provide the information set forth in section 9799.16(b) |
2 | to the chief juvenile probation officer of the court as |
3 | follows: |
4 | (A) Except as set forth in clause (B), at the |
5 | time of disposition under section 6352 (relating to |
6 | disposition of delinquent child). |
7 | (B) At the time the individual is adjudicated |
8 | delinquent under section 6341 (relating to |
9 | adjudication) if: |
10 | (I) the adjudication of delinquency occurs |
11 | in any county other than the individual's county |
12 | of residence; and |
13 | (II) the court intends to transfer the |
14 | individual's case for disposition to the |
15 | individual's county of residence under section |
16 | 6321(c) (relating to commencement of |
17 | proceedings). |
18 | (ii) The chief juvenile probation officer shall |
19 | collect the information in section 9799.16(b) and (c) and |
20 | forward it to the Pennsylvania State Police for inclusion |
21 | in the registry as directed by the Pennsylvania State |
22 | Police. If the juvenile offender is, under section |
23 | 6352(a)(3), subject to court-ordered placement in an |
24 | institution or facility [set forth in section 6352(a)(3)] |
25 | which provides the juvenile with 24-hour-per-day |
26 | supervision and care, the institution or facility shall |
27 | ensure the information provided by the juvenile offender |
28 | pursuant to section 9799.16(b) is updated to reflect |
29 | accurate information prior to release. The institution or |
30 | facility may not release the juvenile offender until it |
|
1 | receives verification from the Pennsylvania State Police |
2 | that the information required under section 9799.16(b) |
3 | and (c) has been entered in the registry. |
4 | (2) If [the individual is], on the effective date of |
5 | this section, the individual is a juvenile offender and is |
6 | subject to the jurisdiction of the court pursuant to a |
7 | disposition entered under section 6352 and is on probation or |
8 | the individual is otherwise being supervised in the |
9 | community, including placement in a foster family home or |
10 | other residential setting which provides the individual with |
11 | less than 24-hour-per-day supervision and care, the |
12 | individual shall provide the information set forth in section |
13 | 9799.16(b) to the chief juvenile probation officer of the |
14 | court within 30 days of the effective date of this section. |
15 | The chief juvenile probation officer shall collect the |
16 | information set forth in section 9799.16(b) and (c) and |
17 | forward it to the Pennsylvania State Police for inclusion in |
18 | the registry, as directed by the Pennsylvania State Police. |
19 | (3) If the individual is, on the effective date of this |
20 | section, already a juvenile offender and is subject to the |
21 | jurisdiction of a court pursuant to a disposition entered |
22 | under section 6352 and is, under section 6352, subject to |
23 | court-ordered placement in an institution or facility [set |
24 | forth in section 6352] which provides the juvenile with 24- |
25 | hour-per-day supervision and care, the director of the |
26 | institution or facility or a designee shall make the juvenile |
27 | offender available for and facilitate the collection of the |
28 | information set forth in section 9799.16(b) and (c) as |
29 | directed by the Pennsylvania State Police for inclusion in |
30 | the registry. The Pennsylvania State Police may require the |
|
1 | institution or facility to transport the juvenile offender to |
2 | and from an approved registration site in order to fulfill |
3 | the requirement of this paragraph. In order to fulfill the |
4 | requirements of this paragraph, the chief juvenile probation |
5 | officer of the court shall, within ten days of the effective |
6 | date of this section, notify the director of the institution |
7 | or facility and the Pennsylvania State Police that the |
8 | juvenile offender is required to register under this |
9 | subchapter. In addition, the institution or facility shall |
10 | ensure that the information provided by the juvenile offender |
11 | pursuant to section 9799.16(b) is updated to reflect accurate |
12 | information prior to release. The juvenile offender may not |
13 | be released until the institution or facility receives |
14 | verification from the Pennsylvania State Police that the |
15 | information required under section 9799.16(b) and (c) has |
16 | been entered into the registry. |
17 | (4) If the individual is, on the effective date of this |
18 | section, already a sexually violent delinquent child and |
19 | receiving involuntary treatment in the State-owned facility |
20 | or unit under Chapter 64 (relating to court-ordered |
21 | involuntary treatment of certain sexually violent persons), |
22 | the director of the facility or unit or a designee shall make |
23 | the sexually violent delinquent child available for and |
24 | facilitate the collection of the information set forth in |
25 | section 9799.16(b) and (c) as directed by the Pennsylvania |
26 | State Police for inclusion in the registry. The Pennsylvania |
27 | State Police may require the facility or unit to transport |
28 | the sexually violent delinquent child to and from an approved |
29 | registration site in order to fulfill the requirement of this |
30 | paragraph. In addition, the facility or unit shall ensure |
|
1 | that the information provided by the sexually violent |
2 | delinquent child pursuant to section 9799.16(b) is updated to |
3 | reflect accurate information prior to release. The facility |
4 | or unit may not transfer the sexually violent child to |
5 | outpatient treatment until it has received verification from |
6 | the Pennsylvania State Police that it has received the |
7 | information set forth in section 9799.16(b) and (c). |
8 | (5) If the individual is, on or after the effective date |
9 | of this section, determined by the court to be a sexually |
10 | violent delinquent child and committed for involuntary |
11 | treatment to the State-owned facility or unit under Chapter |
12 | 64, the following apply: |
13 | (i) The court shall require the individual to |
14 | provide the information set forth in section 9799.16(b) |
15 | to the chief juvenile probation officer of the court at |
16 | the time of commitment. The chief juvenile probation |
17 | officer shall collect and forward the information to the |
18 | Pennsylvania State Police for inclusion in the registry. |
19 | The chief juvenile probation officer shall, at the time |
20 | of commitment, also ensure that the information set forth |
21 | in section 9799.16(c) is collected and forwarded to the |
22 | Pennsylvania State Police for inclusion in the registry. |
23 | The Pennsylvania State Police may require the facility or |
24 | unit to transport the sexually violent delinquent child |
25 | to and from an approved registration site in order to |
26 | fulfill the requirement of initial registration at the |
27 | time of commitment. |
28 | (ii) The facility or unit shall ensure that the |
29 | information provided by the sexually violent delinquent |
30 | child pursuant to section 9799.16(b) is updated to |
|
1 | reflect accurate information prior to transfer to |
2 | involuntary outpatient treatment pursuant to section |
3 | 6404.1 (relating to transfer to involuntary outpatient |
4 | treatment) or discharge. The court may not transfer the |
5 | sexually violent delinquent child to outpatient treatment |
6 | or discharge the child from the facility or unit until it |
7 | has received verification from the Pennsylvania State |
8 | Police that the information required under section |
9 | 9799.16(b) and (c) has been entered in the registry. |
10 | (i) Initial registration if convicted or adjudicated |
11 | delinquent outside Commonwealth.--[The following apply:] |
12 | (1) [If the individual is, on or after the effective |
13 | date of this section, convicted of a sexually violent offense |
14 | in another jurisdiction or a foreign country or of a |
15 | comparable military offense, the] An individual subject to |
16 | registration under section 9799.13(7), (7.1) or (7.2) |
17 | (relating to applicability) shall appear in person at an |
18 | approved registration site to provide the information set |
19 | forth in section 9799.16(b) to the Pennsylvania State Police |
20 | within three business days of establishing residence, |
21 | commencing employment or commencing enrollment as a student |
22 | within this Commonwealth. In addition, the individual shall |
23 | comply with the other provisions of this subchapter, |
24 | including section 9799.15 (relating to period of |
25 | registration). If the individual fails to establish a |
26 | residence but nevertheless resides in this Commonwealth, the |
27 | individual shall register as a transient. The Pennsylvania |
28 | State Police shall ensure that the information set forth in |
29 | section 9799.16(c) with respect to the individual is |
30 | collected and entered in the registry. |
|
1 | (2) If the individual is, on or after the effective date |
2 | of this section, a juvenile offender as defined in paragraph |
3 | (2) or (3) of the definition of "juvenile offender" in |
4 | section 9799.12 (relating to definitions), the individual |
5 | shall appear in person at an approved registration site to |
6 | provide the information set forth in section 9799.16(b) to |
7 | the Pennsylvania State Police within three business days of |
8 | establishing residence, commencing employment or commencing |
9 | enrollment as a student within this Commonwealth. In |
10 | addition, the individual shall comply with the other |
11 | provisions of this subchapter, including section 9799.15. If |
12 | the individual fails to establish a residence but |
13 | nevertheless resides in this Commonwealth, the individual |
14 | shall register as a transient. The Pennsylvania State Police |
15 | shall ensure that the information set forth in section |
16 | 9799.16(c) with respect to the individual is collected and |
17 | entered in the registry. |
18 | (3) If the individual is, on or after the effective date |
19 | of this section, convicted of a sexually violent offense and |
20 | incarcerated in a Federal correctional institution or being |
21 | supervised by Federal probation authorities, the individual |
22 | shall appear in person at an approved registration site to |
23 | provide the information set forth in section 9799.16(b) to |
24 | the Pennsylvania State Police within three business days of |
25 | establishing residence, commencing employment or commencing |
26 | enrollment as a student in this Commonwealth. In addition, |
27 | the individual shall comply with other provisions of this |
28 | subchapter, including section 9799.15. If the individual |
29 | fails to establish a residence but nevertheless resides in |
30 | this Commonwealth, the individual shall register as a |
|
1 | transient. The Pennsylvania State Police shall ensure that |
2 | the information set forth in section 9799.16(c) with respect |
3 | to the individual is collected and entered into the registry. |
4 | (j) Former law and [initial] registration.--[If the |
5 | individual was required to register under this subchapter before |
6 | the effective date of this section and has not fulfilled the |
7 | period of registration, the] An individual subject to |
8 | registration under section 9799.13(3) shall appear at an |
9 | approved registration site to update registration or, if |
10 | necessary, to provide the information set forth in section |
11 | 9799.16(b) to the Pennsylvania State Police within 90 days of |
12 | the effective date of this section. In addition, the individual |
13 | shall comply with the other provisions of this subchapter, |
14 | including section 9799.15. If the individual fails to establish |
15 | a residence, the individual shall register as a transient. The |
16 | Pennsylvania State Police shall ensure that the information set |
17 | forth in section 9799.16(c) with respect to the individual is |
18 | collected and entered in the registry. |
19 | Section 10. Sections 9799.20 introductory paragraph, |
20 | 9799.21, 9799.22, 9799.23(a) introductory paragraph and (2), |
21 | 9799.25(b)(1) and (c) introductory paragraph and (1), 9799.26(a) |
22 | (1)(i) and (ii) and 9799.27(a)(2) and (b), added December 20, |
23 | 2011 (P.L.446, No.111), are amended to read: |
24 | § 9799.20. Duty to inform. |
25 | In order to implement the provisions of section 9799.19 |
26 | (relating to initial registration), as appropriate, the |
27 | Pennsylvania State Police, the court having jurisdiction over |
28 | the sexual offender, the chief juvenile probation officer of the |
29 | court and the appropriate official of the Pennsylvania Board of |
30 | Probation and Parole, county office of probation and parole, the |
|
1 | Department of Public Welfare or a State or county correctional |
2 | institution shall: |
3 | * * * |
4 | § 9799.21. Penalty. |
5 | (a) Registration.--An individual set forth in section |
6 | 9799.13 (relating to applicability) may be subject to |
7 | prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to |
8 | comply with registration requirements) if the individual fails |
9 | to: |
10 | (1) register with the Pennsylvania State Police as set |
11 | forth in section 9799.15 (relating to period of |
12 | registration), 9799.19 (relating to initial registration) or |
13 | 9799.25 (relating to verification by sexual offenders and |
14 | Pennsylvania State Police); |
15 | (2) verify the information provided by the individual or |
16 | be photographed as provided in sections 9799.15, 9799.19 and |
17 | 9799.25; or |
18 | (3) provide accurate information when registering under |
19 | sections 9799.15, 9799.19 and 9799.25. |
20 | (b) Counseling.--A sexually violent predator or sexually |
21 | violent delinquent child may be subject to prosecution under 18 |
22 | Pa.C.S. § 4915.1 if he fails to comply with section 9799.36 |
23 | (relating to counseling of sexually violent predators). |
24 | § 9799.22. Enforcement. |
25 | (a) Failure to comply.--When an individual set forth in |
26 | section 9799.13 (relating to applicability) fails to comply with |
27 | section [9799.21(1), (2) or (3)] 9799.19 (relating to initial |
28 | registration), 9799.21 (relating to penalty) or 9799.36 |
29 | (relating to counseling of sexually violent predators), the |
30 | Pennsylvania State Police shall either: |
|
1 | (1) In cooperation with the district attorney, seek |
2 | issuance of a warrant for the arrest of the individual and |
3 | locate and arrest the individual for violating this section[; |
4 | or]. |
5 | (2) [notify] Notify the municipal police department |
6 | where the individual has a residence, is transient, is |
7 | employed or is enrolled as a student. The municipal police |
8 | shall, in cooperation with the district attorney, seek |
9 | issuance of a warrant for the arrest of the individual and |
10 | locate and arrest the individual for violating this section. |
11 | In municipalities where no municipal police department |
12 | exists, the Pennsylvania State Police shall proceed under |
13 | paragraph (1). |
14 | (b) When individual cannot be found.--In the event the |
15 | individual cannot be located, the [Pennsylvania State Police |
16 | shall] following apply: |
17 | (1) [Enter] The Pennsylvania State Police shall enter |
18 | information on the Internet website of sexual offenders and |
19 | in the registry indicating that the individual cannot be |
20 | located. |
21 | (2) [Provide] The Pennsylvania State Police shall |
22 | provide information to the National Sex Offender Registry and |
23 | NCIC to reflect that the individual cannot be located. |
24 | (3) [Notify] The Pennsylvania State Police shall notify |
25 | the United States Marshals Service. |
26 | (4) [In cooperation with the district attorney, seek |
27 | issuance of a warrant for the arrest of the individual.] If a |
28 | warrant is issued pursuant to this [paragraph] subsection, |
29 | the [Pennsylvania State Police] police department executing |
30 | the warrant shall provide information to the National Crime |
|
1 | Information Center Wanted Person File to reflect that a |
2 | warrant has been issued for the individual's arrest. |
3 | (c) Notice from another jurisdiction.--When another |
4 | jurisdiction notifies the [Commonwealth] Pennsylvania State |
5 | Police that a sexual offender has terminated residence, |
6 | employment or enrollment as a student in that jurisdiction and |
7 | intends to establish a residence in this Commonwealth, commence |
8 | employment in this Commonwealth or commence enrollment as a |
9 | student in this Commonwealth and that sexual offender fails to |
10 | appear in this Commonwealth to register as provided in section |
11 | 9799.15 (relating to period of registration), the Pennsylvania |
12 | State Police shall notify the other jurisdiction that the sexual |
13 | offender failed to appear. This subsection also applies to a |
14 | transient who fails to appear. |
15 | (d) Duty to inform Pennsylvania State Police.--In order to |
16 | implement [the provisions of section 9799.15 and section 9799.19 |
17 | (relating to initial registration)] this subchapter, the court |
18 | with jurisdiction over the sexual offender, the chief juvenile |
19 | probation officer of the court and the appropriate official of |
20 | the Pennsylvania Board of Probation and Parole, the county |
21 | office of probation and parole, the Department of Public Welfare |
22 | or a State or county correctional institution shall inform the |
23 | Pennsylvania State Police if the individual refuses to provide |
24 | the information required[. The] by this subchapter so that the |
25 | Pennsylvania State Police [shall locate and arrest the |
26 | individual for a violation of 18 Pa.C.S. § 4915.1 (relating to |
27 | failure to comply with registration requirements) may comply |
28 | with this section. |
29 | § 9799.23. Court notification and classification requirements. |
30 | (a) Notice to sexual offenders.--At the time of sentencing |
|
1 | [or], of disposition[,] in the case of a juvenile offender or of |
2 | commitment in the case of a sexually violent delinquent child, |
3 | the court shall inform the sexual offender of the provisions of |
4 | this subchapter. The court shall: |
5 | * * * |
6 | (2) Specifically inform the sexual offender of: |
7 | (i) the duty to register in accordance with sections |
8 | 9799.15 (relating to period of registration), 9799.16(b) |
9 | (relating to registry), 9799.19 (relating to initial |
10 | registration) and 9799.25 (relating to verification by |
11 | sexual offenders and Pennsylvania State Police); and |
12 | (ii) the duty to attend counseling in accordance |
13 | with: |
14 | (A) section 9799.36 (relating to counseling of |
15 | sexually violent predators) if applicable; or |
16 | (B) section 6404.2(g) (relating to duration of |
17 | outpatient commitment and review) if applicable. |
18 | * * * |
19 | § 9799.25. Verification by sexual offenders and Pennsylvania |
20 | State Police. |
21 | * * * |
22 | (b) Deadline.--The following apply: |
23 | (1) A sexual offender shall appear as required under |
24 | subsection (a) within ten days [of] before the date |
25 | designated by the Pennsylvania State Police. Failure to |
26 | appear within ten days may subject the sexual offender to |
27 | prosecution under 18 Pa.C.S. § 4915.1 (relating to failure to |
28 | comply with registration requirements). |
29 | * * * |
30 | (c) Facilitation of verification.--The Pennsylvania State |
|
1 | Police shall administer and facilitate the process of |
2 | verification of information, including compliance with |
3 | counseling in the case of sexually violent predators and |
4 | sexually violent delinquent children, and photographing the |
5 | sexual offender by: |
6 | (1) Sending a notice by first class United States mail |
7 | to each sexual offender at the [offender's] last reported |
8 | [residence or] location[, including a post office box] where |
9 | the offender receives mail. The notice shall be sent not more |
10 | than 30 days nor less than 15 days prior to the date a sexual |
11 | offender is required to appear pursuant to subsection (a). |
12 | The notice shall remind the sexual offender of the sexual |
13 | offender's responsibilities under this subchapter, including |
14 | counseling in the case of sexually violent predators and |
15 | sexually violent delinquent children, and provide a list of |
16 | approved registration sites. |
17 | * * * |
18 | § 9799.26. Victim notification. |
19 | (a) Duty to inform victim.-- |
20 | (1) If an offender is determined to be a sexually |
21 | violent predator or a sexually violent delinquent child, the |
22 | municipal police department or the Pennsylvania State Police, |
23 | if no municipal police jurisdiction exists, shall give |
24 | written notice to the victim when the sexually violent |
25 | predator or the sexually violent delinquent child registers |
26 | initially under section 9799.19 (relating to initial |
27 | registration) or under section 9799.15(g)(2), (3) or (4) |
28 | (relating to period of registration). The notice shall be |
29 | given within 72 hours after the sexually violent predator or |
30 | the sexually violent delinquent child registers or notifies |
|
1 | the Pennsylvania State Police of current information under |
2 | section 9799.15(g). The notice shall contain the following |
3 | information about the sexually violent predator or sexually |
4 | violent delinquent child: |
5 | (i) Name. |
6 | (ii) Residence. This subparagraph includes whether |
7 | the sexually violent predator or sexually violent |
8 | delinquent child is a transient, in which case the notice |
9 | shall contain information about the transient's temporary |
10 | habitat or other temporary place of abode or dwelling, |
11 | including, but not limited to, a homeless shelter or |
12 | park. In addition, the notice shall contain a list of |
13 | places the transient eats, frequents and engages in |
14 | leisure activities. |
15 | * * * |
16 | § 9799.27. Other notification. |
17 | (a) Notice.--Notwithstanding the provisions of Chapter 63 |
18 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
19 | to criminal history record information), the chief law |
20 | enforcement officer of the police department of the municipality |
21 | where a sexually violent predator or sexually violent delinquent |
22 | child lives or, in the case of a sexually violent predator or |
23 | sexually violent delinquent child failing to establish a |
24 | residence and being a transient, the chief law enforcement |
25 | officer of the police department of the transient's last known |
26 | habitat, shall be responsible for providing written notice as |
27 | required under this section. The notice shall contain: |
28 | * * * |
29 | (2) The address of the residence of the individual. If |
30 | the individual is a transient, written notice under this |
|
1 | paragraph shall consist of information about the transient's |
2 | temporary habitat or other temporary place of abode or |
3 | dwelling, including, but not limited to, a homeless shelter |
4 | or park, and a list of the places the transient eats, |
5 | frequents and engages in leisure activities. |
6 | * * * |
7 | The notice shall not include any information that might reveal |
8 | the victim's name, identity and residence. |
9 | (b) To whom written notice is provided.--The chief law |
10 | enforcement officer shall provide written notice under |
11 | subsection (a) to the following persons: |
12 | (1) Neighbors of the sexually violent predator or |
13 | sexually violent delinquent child. As used in this paragraph: |
14 | (i) In the case of a sexually violent predator or |
15 | sexually violent delinquent child being a transient, |
16 | "neighbor" includes residents in the area of the |
17 | transient's last known temporary habitat or other |
18 | temporary place of abode or dwelling, including, but not |
19 | limited to, a homeless shelter or park. |
20 | (ii) Where the sexually violent predator lives in a |
21 | common interest community, the term "neighbor" includes |
22 | the unit owners' association and residents of the common |
23 | interest community. |
24 | (2) The director of the county children and youth agency |
25 | of the county where the sexually violent predator or sexually |
26 | violent delinquent child has a residence or, in the case of a |
27 | sexually violent predator or sexually violent delinquent |
28 | child failing to establish a residence and being a transient, |
29 | the director of the county children and youth agency of the |
30 | county of the sexually violent predator's or sexually violent |
|
1 | delinquent child's last known temporary habitat or other |
2 | temporary place of abode or dwelling, including, but not |
3 | limited to, a homeless shelter or park. |
4 | (3) The superintendent of each school district and the |
5 | equivalent official for each private and parochial school |
6 | enrolling students up through grade 12 in the municipality |
7 | where the sexually violent predator or sexually violent |
8 | delinquent child has a residence or, in the case of a |
9 | sexually violent predator or sexually violent delinquent |
10 | child failing to establish a residence and being a transient, |
11 | the superintendent of each school district and the equivalent |
12 | official for private and parochial schools enrolling students |
13 | up through grade 12 in the municipality of the sexually |
14 | violent predator's or sexually violent delinquent child's |
15 | last known temporary habitat or other temporary place of |
16 | abode or dwelling, including, but not limited to, a homeless |
17 | shelter or park. |
18 | (4) The superintendent of each school district and the |
19 | equivalent official for each private and parochial school |
20 | located within a one-mile radius of where the sexually |
21 | violent predator or sexually violent delinquent child has a |
22 | residence or, in the case of a sexually violent predator or |
23 | sexually violent delinquent child failing to establish a |
24 | residence and being a transient, the superintendent of each |
25 | school district and the equivalent official for each private |
26 | and parochial school within a one-mile radius of the sexually |
27 | violent predator's or sexually violent delinquent child's |
28 | last known temporary habitat or other temporary place of |
29 | abode or dwelling, including, but not limited to, a homeless |
30 | shelter or park. |
|
1 | (5) The licensee of each certified day-care center and |
2 | licensed preschool program and owner or operator of each |
3 | registered family day-care home in the municipality where the |
4 | sexually violent predator or sexually violent delinquent |
5 | child has a residence or, in the case of a sexually violent |
6 | predator or sexually violent delinquent child failing to |
7 | establish a residence and being a transient, the licensee of |
8 | each certified day-care center and licensed preschool program |
9 | and owner or operator of each registered family day-care home |
10 | in the municipality of the sexually violent predator's or |
11 | sexually violent delinquent child's last known temporary |
12 | habitat or other temporary place of abode or dwelling, |
13 | including, but not limited to, a homeless shelter or park. |
14 | (6) The president of each college, university and |
15 | community college located within 1,000 feet of where the |
16 | sexually violent predator or sexually violent delinquent |
17 | child has a residence or, in the case of a sexually violent |
18 | predator or sexually violent delinquent child failing to |
19 | establish a residence and being a transient, the president of |
20 | each college, university and community college located within |
21 | 1,000 feet of the sexually violent predator's or sexually |
22 | violent delinquent child's last known temporary habitat or |
23 | other temporary place of abode or dwelling, including, but |
24 | not limited to, a homeless shelter or park. |
25 | * * * |
26 | Section 11. Section 9799.28(a)(1)(i) and (ii), (b)(3), (4), |
27 | (5), (6) and (9) and (e) of Title 42, added December 20, 2011 |
28 | (P.L.446, No.111), are amended and subsection (b) is amended by |
29 | adding paragraphs to read: |
30 | § 9799.28. Public Internet website. |
|
1 | (a) Information to be made available through Internet.--The |
2 | Pennsylvania State Police shall, in the manner and form directed |
3 | by the Governor: |
4 | (1) Develop and maintain a system for making information |
5 | about individuals convicted of a sexually violent offense, |
6 | sexually violent predators and sexually violent delinquent |
7 | children publicly available by electronic means via an |
8 | Internet website. In order to fulfill its duties under this |
9 | section, the Pennsylvania State Police shall ensure that the |
10 | Internet website: |
11 | (i) Contains a feature to permit a member of the |
12 | public to obtain relevant information for an individual |
13 | convicted of a sexually violent offense, a sexually |
14 | violent predator or a sexually violent delinquent child |
15 | by a [single] query of the Internet website based on |
16 | search criteria including searches for any given zip code |
17 | or geographic radius set by the user. |
18 | (ii) Contains a feature to allow a member of the |
19 | public to receive electronic notification when an |
20 | individual convicted of a sexually violent offense, |
21 | sexually violent predator or sexually violent delinquent |
22 | child provides information under section 9799.15(g)(2), |
23 | (3) or (4) (relating to period of registration) [relating |
24 | to]. This feature shall also allow a member of the public |
25 | to receive electronic notification when the individual |
26 | convicted of a sexually violent offense, sexually violent |
27 | predator or sexually violent delinquent child moves into |
28 | or out of a geographic area chosen by the user. |
29 | * * * |
30 | (b) Required information.--Notwithstanding Chapter 63 |
|
1 | (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating |
2 | to criminal history record information), the Internet website |
3 | shall contain the following information regarding an individual |
4 | convicted of a sexually violent offense, a sexually violent |
5 | predator or a sexually violent delinquent child: |
6 | * * * |
7 | (3) Street address, [city,] municipality other than | <-- |
8 | county, county, State and zip code of residences and intended |
9 | residences. In the case of an individual convicted of a |
10 | sexually violent offense, a sexually violent predator or a |
11 | sexually violent delinquent child who fails to establish a |
12 | residence and is therefore a transient, the Internet website |
13 | shall contain information about the transient's temporary |
14 | habitat or other temporary place of abode or dwelling, |
15 | including, but not limited to, a homeless shelter or park. In |
16 | addition, the Internet website shall contain a list of places |
17 | the transient eats, frequents and engages in leisure |
18 | activities. |
19 | (4) Street address, [city,] municipality other than | <-- |
20 | county, county, State and zip code of any location at which |
21 | an individual convicted of a sexually violent offense, a |
22 | sexually violent predator or a sexually violent delinquent |
23 | child is enrolled as a student. |
24 | (5) Street address, [city,] municipality other than | <-- |
25 | county, county, State and zip code of a fixed location where |
26 | an individual convicted of a sexually violent offense, a |
27 | sexually violent predator or a sexually violent delinquent |
28 | child is employed. If an individual convicted of a sexually |
29 | violent offense, a sexually violent predator or a sexually |
30 | violent delinquent child is not employed at a fixed address, |
|
1 | the information shall include [general travel routes and] |
2 | general areas of work. |
3 | (6) Current facial photograph of an individual convicted |
4 | of a sexually violent offense, a sexually violent predator or |
5 | a sexually violent delinquent child. This paragraph requires, |
6 | if available, the last eight facial photographs taken of the |
7 | individual and the date each photograph was entered into the |
8 | registry. |
9 | * * * |
10 | (9) [The sexually violent offense] Offense for which |
11 | [an] the individual [convicted of a sexually violent offense, | <-- |
12 | a sexually violent predator or a sexually violent delinquent |
13 | child] is registered under this subchapter and other sexually | <-- |
14 | violent offenses for which the individual was convicted. |
15 | * * * |
16 | (12) Date on which the individual convicted of a | <-- |
17 | sexually violent offense, a sexually violent predator or a |
18 | sexually violent delinquent child is made active within the |
19 | registry and date when the individual most recently updated |
20 | his registration information. | <-- |
21 | (13) Indication as to whether the individual is a |
22 | sexually violent predator, sexually violent delinquent child |
23 | or convicted of a Tier I, Tier II or Tier III sexual offense. |
24 | (14) If applicable, indication that an individual |
25 | convicted of a sexually violent offense, a sexually violent | <-- |
26 | predator or a sexually violent delinquent child is |
27 | incarcerated or committed or is a transient. | <-- |
28 | * * * |
29 | (e) Duration of posting.--The information listed in |
30 | subsection (b) shall be made available on the Internet website |
|
1 | unless[: |
2 | (1) An] The an individual [convicted of a sexually | <-- |
3 | violent offense, a sexually violent predator or a sexually |
4 | violent delinquent child] is deceased[, in which case the | <-- |
5 | Internet website shall contain a notice of the death. |
6 | (2) An individual convicted of a sexually violent |
7 | offense, a sexually violent predator or a sexually violent |
8 | delinquent child has terminated residence, has terminated |
9 | employment or has terminated enrollment as a student within |
10 | this Commonwealth, in which case the Internet website shall |
11 | contain a notice indicating such information] or is no longer |
12 | required to register under this subchapter. |
13 | Section 12. Sections 9799.32(3), 9799.34(2), 9799.36(a) and |
14 | 9799.41 of Title 42, added December 20, 2011 (P.L.446, No.111), |
15 | are amended to read: |
16 | § 9799.32. Pennsylvania State Police. |
17 | The Pennsylvania State Police have the following duties: |
18 | * * * |
19 | (3) To write [regulations] guidelines regarding neighbor |
20 | notification under section 9799.27(b)(1) (relating to other |
21 | notification). |
22 | * * * |
23 | § 9799.34. Duties of facilities housing sexual offenders. |
24 | The Department of Corrections, a county correctional |
25 | facility, an institution or facility set forth in section |
26 | 6352(a)(3) (relating to disposition of delinquent child) and the |
27 | separate, State-owned facility or unit established under Chapter |
28 | 64 (relating to court-ordered involuntary treatment of certain |
29 | sexually violent persons) shall have the following duties: |
30 | * * * |
|
1 | (2) On a form prescribed by the Pennsylvania State |
2 | Police, to notify the Pennsylvania State Police each time a |
3 | sexual offender is incarcerated, committed or released, |
4 | including supervised release [or transfer to another |
5 | correctional institution or facility or institution, in]. In |
6 | the case of a juvenile offender or sexually violent |
7 | delinquent child, the facility shall notify the Pennsylvania |
8 | State Police each time the individual is committed, released |
9 | or transferred to another facility or institution. This |
10 | paragraph shall include a community corrections center or |
11 | community contract facility. |
12 | * * * |
13 | § 9799.36. Counseling of sexually violent predators. |
14 | (a) General rule.--A sexually violent predator who is not |
15 | incarcerated shall be required to attend at least monthly |
16 | counseling sessions in a program approved by the board and be |
17 | financially responsible for all fees assessed from the |
18 | counseling sessions. The board shall monitor the compliance of |
19 | the sexually violent predator. If the sexually violent predator |
20 | can prove to the satisfaction of the court that the sexually |
21 | violent predator cannot afford to pay for the counseling |
22 | sessions, the sexually violent predator shall nonetheless attend |
23 | the counseling sessions, and the parole office shall pay the |
24 | requisite fees. |
25 | * * * |
26 | § 9799.41. Expiration. |
27 | The following provisions shall expire [one year after the |
28 | effective date of this section] December 20, 2012: |
29 | Section 9718.3 (relating to sentence for failure to |
30 | comply with registration of sexual offenders). |
|
1 | Section 9791 (relating to legislative findings and |
2 | declaration of policy). |
3 | Section 9792 (relating to definitions). |
4 | Section 9795.1 (relating to registration). |
5 | Section 9795.2 (relating to registration procedures and |
6 | applicability). |
7 | Section 9795.3 (relating to sentencing court |
8 | information). |
9 | Section 9795.4 (relating to assessments). |
10 | Section 9795.5 (relating to exemption from certain |
11 | notifications). |
12 | Section 9796 (relating to verification of residence). |
13 | Section 9797 (relating to victim notification). |
14 | Section 9798 (relating to other notification). |
15 | Section 9798.1 (relating to information made available on |
16 | the Internet and electronic notification). |
17 | Section 9798.2 (relating to administration). |
18 | Section 9798.3 (relating to global positioning system |
19 | technology). |
20 | Section 9799 (relating to immunity for good faith |
21 | conduct). |
22 | Section 9799.1 (relating to duties of Pennsylvania State |
23 | Police). |
24 | Section 9799.2 (relating to duties of Pennsylvania Board |
25 | of Probation and Parole). |
26 | Section 9799.3 (relating to board). |
27 | Section 9799.4 (relating to counseling of sexually |
28 | violent predators). |
29 | Section 9799.7 (relating to exemption from notification |
30 | for certain licensees and their employees). |
|
1 | Section 9799.8 (relating to annual performance audit). |
2 | Section 9799.9 (relating to photographs and |
3 | fingerprinting). |
4 | Section 13. The General Assembly finds and declares that, |
5 | under principles of statutory construction, the effective date |
6 | of section 18(2) of the act of December 20, 2011 (P.L.446, |
7 | No.111), is December 20, 2012. |
8 | Section 14. This act shall take effect as follows: |
9 | (1) The amendment or addition of the following |
10 | provisions of Title 18 shall take effect December 20, 2012: |
11 | (i) Section 4915.1(b) and (c.1). |
12 | (ii) Section 9123(a) introductory paragraph and |
13 | (a.1). |
14 | (2) The amendment or addition of the following |
15 | provisions of Title 42 shall take effect December 20, 2012: |
16 | (i) Section 6358(a). |
17 | (ii) Section 6403(a)(2). |
18 | (iii) Section 6404.2(g) |
19 | (iv) Section 9799.10(2) and (3). |
20 | (v) The definitions of "approved registration site," |
21 | "convicted," "juvenile offender" and "sexually violent |
22 | predator" in section 9799.12. |
23 | (vi) Section 9799.13. |
24 | (vii) Section 9799.14(b)(12), (21) and (23), (c)(9), |
25 | (12) and (17) and (d)(12), (13) and (15). |
26 | (viii) Section 9799.15(a)(1), (4), (4.1) and (7), |
27 | (c), (f), (g), (h) and (j). |
28 | (ix) Section 9799.16(b)(5) and (6), (c) introductory |
29 | paragraph and (d). |
30 | (x) Section 9799.17. |
|
1 | (xi) Section 9799.18(a)(4), (5) and (6) and (d)(1). |
2 | (xii) Section 9799.19(b), (b.1) introductory |
3 | paragraph, (e.1), (e.2), (h), (i) and (j). |
4 | (xiii) Section 9799.20 introductory paragraph. |
5 | (xiv) Section 9799.21. |
6 | (xv) Section 9799.22. |
7 | (xvi) Section 9799.23(a) introductory paragraph and |
8 | (2). |
9 | (xvii) Section 9799.25(b)(1) and (c) introductory |
10 | paragraph and (1). |
11 | (xviii) Section 9799.26(a)(1)(i) and (ii). |
12 | (xix) Section 9799.27(a)(2) and (b). |
13 | Section 9799.28 (a)(1)(i) and (ii), (b)(3), (4), (5), |
14 | (6), (9), (12), (13) and (14) and (e). |
15 | (xx) Section 9799.34(2). |
16 | (xxi) Section 9799.36(a). |
17 | (2.1) The following provisions shall take effect July 1, | <-- |
18 | 2012, or immediately, whichever is later: |
19 | (i) The amendment of paragraph (3) of the definition |
20 | of "child" in 42 Pa.C.S. § 6302. |
21 | (ii) The addition of 42 Pa.C.S. § 6351(e)(3)(iii), |
22 | (f)(8.1) and (8.2) and (j). |
23 | (3) The remainder of this act shall take effect |
24 | immediately. |
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