Bill Text: PA HB766 | 2011-2012 | Regular Session | Introduced

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Bill Title: Requiring persons convicted of arson and related offenses to register with local authorities; providing for duties of the Pennsylvania State Police and the Pennsylvania Board of Probation and Parole; and imposing a penalty.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Introduced - Dead) 2011-02-23 - Referred to JUDICIARY [HB766 Detail]

Download: Pennsylvania-2011-HB766-Introduced.html

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PRINTER'S NO. 788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 766 Session of2011
INTRODUCED BY CONKLIN, BOBACK, COHEN, D. COSTA, DAVIS, FABRIZIO, GINGRICH, GOODMAN, HARKINS, HARRIS, HESS, KAVULICH, KIRKLAND, KORTZ, KULA, MANN, MOUL, MURT, READSHAW, SCHRODER, THOMAS, VULAKOVICH AND YOUNGBLOOD, FEBRUARY 23, 2011
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2011
AN ACT
Requiring persons convicted of arson and related offenses to
register with local authorities; providing for duties of the
Pennsylvania State Police and the Pennsylvania Board of
Probation and Parole; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Convicted
Arsonist Registry Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) Following a first arson or related offense,
convicted arsonists continue to commit these violent crimes.
(2) This Commonwealth experienced 2,381 reported arsons
during 2007.
(3) This Commonwealth experienced 20,153 arsons from
2000 through 2007.
(4) In this Commonwealth there were 767 arrests for
arson offenses in 2007, a .5% increase from 2006.
(5) This Commonwealth's arrest rate of 6.2 arrests for
arson per 100,000 inhabitants was greater than the national
and northeast region rates.
(6) According to the Federal Bureau of Investigation, in
most cases, six out of seven fires, the arsonists are never
caught.
(7) In an effort to stymie future offenses, a database
of convicted arsonists needs to be maintained. Requiring
registration will assist in criminal investigation and
prevention. The registry will be at the disposal of local
authorities.
(8) Other databases, such as sex offender registries,
serve to protect the public, as should an arsonist registry.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Convicted arsonist." An individual who has been:
(1) Convicted or adjudicated delinquent for a violation
of 18 Pa.C.S. § 3301(a), (c), (d) or (f) (relating to arson
and related offenses) or an equivalent offense under Federal
law or the law of another jurisdiction.
(2) Convicted of an attempt to commit an offense under
paragraph (1).
Section 4. Registration required.
(a) General rule.--
(1) Except as set forth under paragraph (2), a convicted
arsonist is subject to lifetime registration in the manner
prescribed by this section.
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(2) A juvenile offender is subject to registration in
accordance with this act until the offender has attained 25
years of age, at which time all records related to the
registration of the juvenile offender shall be destroyed.
(b) Information to be provided.--A registration shall
consist, at a minimum, of the convicted arsonist's:
(1) Name.
(2) Social Security number.
(3) All current or intended residences and all
information concerning current or intended enrollment as a
student.
(4) Photographs and fingerprinting as set forth under
section 6.
(c) Procedure.--
(1) A convicted arsonist is required to register with
the Pennsylvania State Police within 14 days of release from
incarceration, parole from a State or county correctional
institution or the commencement of a sentence of intermediate
punishment or probation or, if the conviction occurred in
another jurisdiction, within 14 days of arrival in this
Commonwealth.
(2) A convicted arsonist shall inform the Pennsylvania
State Police of:
(i) Any change of residence or establishment of an
additional residence.
(ii) Any change of institution or location at which
the person is enrolled as a student or termination of
enrollment.
(iii) Becoming enrolled as a student if the
individual has not previously provided that information
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to the Pennsylvania State Police.
Section 5. Registration information to local authorities.
(a) Provision of information.--The Pennsylvania State Police
shall provide the information obtained under section 4 to the
fire chiefs and the chief law enforcement officers of the police
departments of the municipalities in which the individual will
reside or be enrolled as a student. In addition, the
Pennsylvania State Police shall provide the fire chiefs and the
chief law enforcement officers with the address at which the
individual will reside or be enrolled as a student following the
individual's release from incarceration, parole or probation.
(b) Notice of failure to comply.--The Pennsylvania State
Police shall provide notice to the fire chiefs and the chief law
enforcement officers of the police departments of the
municipalities notified pursuant to subsection (a) when an
individual fails to comply with the registration requirements of
this act and request, as appropriate, that the police
departments assist in locating and apprehending the individual.
(c) Additional notice requirement.--The Pennsylvania State
Police shall provide notice to the fire chiefs and the chief law
enforcement officers of the police departments of the
municipalities notified pursuant to subsection (a) when the
Pennsylvania State Police is in receipt of information
indicating the individual will no longer reside or be enrolled
as a student in the municipality.
Section 6. Photographs and fingerprinting.
An individual subject to section 4 shall register and submit
to fingerprinting and photographing as required by this act at
approved registration sites. Fingerprinting shall, at a minimum,
require submission of a full set of fingerprints. Photographing
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shall, at a minimum, require submission to photographs of the
face and any scars, marks, tattoos or other unique features of
the individual.
Section 7. Penalty.
An individual subject to registration under section 4 who
fails to register with the Pennsylvania State Police as required
under this act commits a misdemeanor of the third degree.
Section 8. Sentencing court information.
The sentencing court shall inform a convicted arsonist at the
time of sentencing of the provisions of this act. The court
shall:
(1) Specifically inform the convicted arsonist of the
duty to register and provide the information required for
each registration.
(2) Specifically inform the convicted arsonist of the
duty to inform the Pennsylvania State Police within 14 days
if the convicted arsonist changes residence, establishes an
additional residence or changes the institution or location
at which the person is enrolled as a student or terminates
enrollment.
(3) Specifically inform the convicted arsonist of the
duty to inform the Pennsylvania State Police within 14 days
of becoming enrolled as a student if the convicted arsonist
has not previously provided that information to the
Pennsylvania State Police.
(4) Order the fingerprints and photograph of the
convicted arsonist to be provided to the Pennsylvania State
Police upon sentencing.
(5) Require the convicted arsonist to sign a form
stating that the duty to register under this act has been
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explained.
Section 9. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall:
(1) Create and maintain a State registry of convicted
arsonists.
(2) In consultation with the Department of Corrections,
the Office of Attorney General and the Pennsylvania Board of
Probation and Parole, promulgate guidelines necessary for the
general administration of this act. These guidelines shall
establish procedures to allow an individual subject to the
registration to fulfill these requirements at approved
registration sites throughout this Commonwealth. The
Pennsylvania State Police shall publish a list of approved
registration sites in the Pennsylvania Bulletin and provide a
list of approved registration sites in any notices sent to
individuals required to register under section 4.
(3) Notify, within five days of receiving the convicted
arsonist's registration, the fire chiefs and the chief law
enforcement officers of the police departments having primary
jurisdiction of the municipalities in which a convicted
arsonist resides or is enrolled as a student of the fact that
the convicted arsonist has been registered with the
Pennsylvania State Police under this act.
Section 10. Duties of Pennsylvania Board of Probation and
Parole.
The Pennsylvania Board of Probation and Parole shall:
(1) Create a notification form which will inform State
and county prison and probation and parole personnel how to
inform convicted arsonists required to register under this
act of their duty under the law.
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(2) In cooperation with the Department of Corrections
and other Commonwealth agencies, obtain the following
information regarding a convicted arsonist:
(i) Name, including any aliases.
(ii) Identifying factors.
(iii) Anticipated future residence.
(iv) Offense history.
(v) Photograph of the convicted arsonist.
(3) Immediately transmit the information under paragraph
(2) to the Pennsylvania State Police for immediate entry into
the State registry of convicted arsonists.
Section 11. Availability of registration information.
The registration information obtained under this act shall
not be open to inspection by the public or by any person other
than a law enforcement officer, fire chief or individual charged
with the investigation of a fire.
Section 12. Applicability.
This act shall apply to individuals convicted or adjudicated
delinquent on or after the effective date of this act for an
offense requiring registration under this act.
Section 13. Effective date.
This act shall take effect in 60 days.
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