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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EVERETT, BAKER, BARRAR, BELFANTI, BOYD, CLYMER, CONKLIN, D. COSTA, CREIGHTON, DALLY, DENLINGER, GEIST, GILLESPIE, GINGRICH, GOODMAN, HARRIS, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, KORTZ, MAJOR, MANN, MICOZZIE, MOUL, MURT, MUSTIO, O'NEILL, PASHINSKI, PHILLIPS, PICKETT, QUINN, READSHAW, REED, REICHLEY, SAYLOR, SIPTROTH, K. SMITH, SOLOBAY, J. TAYLOR, TRUE, VULAKOVICH AND WANSACZ, MARCH 19, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 19, 2009 |
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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 sex |
3 | offender registration procedures, for sentencing court |
4 | information and for offender information made available on |
5 | the Internet. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Sections 9795.2(a)(1) and (2), 9795.3 and 9798.1 |
9 | of Title 42 of the Pennsylvania Consolidated Statutes are |
10 | amended to read: |
11 | § 9795.2. Registration procedures and applicability. |
12 | (a) Registration.-- |
13 | (1) Offenders and sexually violent predators shall be |
14 | required to register with the Pennsylvania State Police upon |
15 | release from incarceration, upon parole from a State or |
16 | county correctional institution or upon the commencement of a |
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1 | sentence of intermediate punishment or probation. For |
2 | purposes of registration, offenders and sexually violent |
3 | predators shall provide the Pennsylvania State Police with |
4 | [all]: |
5 | (i) All current or intended residences[, all]. |
6 | (ii) All information concerning current or intended |
7 | employment [and all]. |
8 | (iii) All information concerning current or intended |
9 | enrollment as a student. |
10 | (iv) The make, model, year, color and registration |
11 | plate number of any motor vehicle owned by or registered |
12 | to the offender or sexually violent predator. |
13 | (2) Offenders and sexually violent predators shall |
14 | inform the Pennsylvania State Police within 48 hours of: |
15 | (i) Any change of residence or establishment of an |
16 | additional residence or residences. |
17 | (ii) Any change of employer or employment location |
18 | for a period of time that will exceed 14 days or for an |
19 | aggregate period of time that will exceed 30 days during |
20 | any calendar year, or termination of employment. |
21 | (iii) Any change of institution or location at which |
22 | the person is enrolled as a student, or termination of |
23 | enrollment. |
24 | (iv) Becoming employed or enrolled as a student if |
25 | the person has not previously provided that information |
26 | to the Pennsylvania State Police. |
27 | (v) Any change of motor vehicle ownership or |
28 | registration. |
29 | * * * |
30 | § 9795.3. Sentencing court information. |
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1 | The sentencing court shall inform offenders and sexually |
2 | violent predators at the time of sentencing of the provisions of |
3 | this subchapter. The court shall: |
4 | (1) Specifically inform the offender or sexually violent |
5 | predator of the duty to register and provide the information |
6 | required for each registration, including verification as |
7 | required in section 9796(a) (relating to verification of |
8 | residence). |
9 | (2) Specifically inform the offender or sexually violent |
10 | predator of the duty to inform the Pennsylvania State Police |
11 | within [ten days] 48 hours if the offender or sexually |
12 | violent predator changes residence or establishes an |
13 | additional residence or residences, changes employer or |
14 | employment location for a period of time that will exceed 14 |
15 | days or for an aggregate period of time that will exceed 30 |
16 | days during any calendar year or terminates employment or |
17 | changes institution or location at which the person is |
18 | enrolled as a student or terminates enrollment. |
19 | (2.1) Specifically inform the offender or sexually |
20 | violent predator of the duty to inform the Pennsylvania State |
21 | Police within [ten days] 48 hours of becoming employed or |
22 | enrolled as a student if the person has not previously |
23 | provided that information to the Pennsylvania State Police. |
24 | (3) Specifically inform the offender or sexually violent |
25 | predator of the duty to register with a new law enforcement |
26 | agency if the offender or sexually violent predator moves to |
27 | another state no later than [ten days] 48 hours after |
28 | establishing residence in another state. |
29 | (4) Order the fingerprints and photograph of the |
30 | offender or sexually violent predator to be provided to the |
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1 | Pennsylvania State Police upon sentencing. |
2 | (5) Specifically inform the offender or sexually violent |
3 | predator of the duty to register with the appropriate |
4 | authorities in any state in which the offender or sexually |
5 | violent predator is employed, carries on a vocation or is a |
6 | student if the state requires such registration. |
7 | (6) Require the offender or sexually violent predator to |
8 | read and sign a form stating that the duty to register under |
9 | this subchapter has been explained. Where the offender or |
10 | sexually violent predator is incapable of reading, the court |
11 | shall certify the duty to register was explained to the |
12 | offender or sexually violent predator and the offender or |
13 | sexually violent predator indicated an understanding of the |
14 | duty. |
15 | § 9798.1. Information made available on the Internet. |
16 | * * * |
17 | (c) Information permitted to be disclosed regarding |
18 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
19 | criminal history record information), the Internet website shall |
20 | contain the following information on each individual: |
21 | (1) For sexually violent predators, the following |
22 | information shall be posted on the Internet website: |
23 | (i) name and all known aliases; |
24 | (ii) year of birth; |
25 | (iii) the street address, municipality, county and |
26 | zip code of all residences, including, where applicable, |
27 | the name of the prison or other place of confinement; |
28 | (iv) the street address, municipality, county, zip |
29 | code and name of any institution or location at which the |
30 | person is enrolled as a student; |
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1 | (v) the municipality, county and zip code of any |
2 | employment location; |
3 | (vi) a photograph of the offender, which shall be |
4 | updated not less than annually; |
5 | (vii) a physical description of the offender, |
6 | including sex, height, weight, eye color, hair color and |
7 | race; |
8 | (viii) any identifying marks, including scars, |
9 | birthmarks and tattoos; |
10 | (ix) the [license plate number and description of |
11 | any vehicle owned] make, model, year, color and |
12 | registration plate number of any motor vehicle owned by |
13 | or registered to the offender; |
14 | (x) whether the offender is currently compliant with |
15 | registration requirements; |
16 | (xi) whether the victim is a minor; |
17 | (xii) a description of the offense or offenses which |
18 | triggered the application of this subchapter; and |
19 | (xiii) the date of the offense and conviction, if |
20 | available. |
21 | (2) For all other lifetime registrants and offenders |
22 | subject to registration, the information set forth in |
23 | paragraph (1) shall be posted on the Internet website. |
24 | * * * |
25 | Section 2. This act shall take effect immediately. |
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