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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY NEILSON, BISHOP, BOBACK, BRENNAN, DALEY, GILLEN, GOODMAN, HORNAMAN, MURPHY, SCHMOTZER, READSHAW, MANN, BRADFORD, WILLIAMS, FABRIZIO AND DEASY, SEPTEMBER 17, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 17, 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 | verification of residence, for period of registration, for |
4 | registry and for verification by sexual offenders and |
5 | Pennsylvania State Police. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 9796(b.2) and (b.3) of Title 42 of the |
9 | Pennsylvania Consolidated Statutes are amended to read: |
10 | § 9796. Verification of residence. |
11 | * * * |
12 | (b.2) [Monthly] Weekly verification by individuals with |
13 | temporary habitats located within this Commonwealth.--The |
14 | Pennsylvania State Police shall verify the residence of |
15 | individuals required to register under this subchapter who have |
16 | a residence as defined in paragraph (2) of the definition of |
17 | "residence" set forth in section 9792 (relating to definitions) |
18 | every [30] seven days through the use of a nonforwardable |
19 | verification form to the last reported location where the |
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1 | individual receives mail. The individual shall appear every [30] |
2 | seven days at an approved registration site to complete a |
3 | verification form and to be photographed. The individual shall |
4 | appear within 48 hours of the date designated by the |
5 | Pennsylvania State Police. |
6 | (b.3) Facilitation of [monthly] weekly verification.--The |
7 | Pennsylvania State Police shall facilitate and administer the |
8 | verification process required by subsection (b.2) by: |
9 | (1) sending a notice by first class United States mail |
10 | to an individual required to register under this subchapter |
11 | who has a residence as defined in paragraph (2) of the |
12 | definition of "residence" set forth in section 9792 at the |
13 | last reported location where the individual receives mail. |
14 | This notice shall be sent [not more than ten days nor less |
15 | than] five days prior to each of the [monthly] weekly |
16 | verification periods and shall remind the individual of the |
17 | [monthly] weekly verification requirement and provide a list |
18 | of approved registration sites; and |
19 | (2) providing verification and compliance forms as |
20 | necessary to each approved registration site. |
21 | * * * |
22 | Section 2. Sections 9799.15(h)(1) and 9799.16(b)(6) of Title |
23 | 42, amended July 5, 2012 (P.L.880, No.91), are amended to read: |
24 | § 9799.15. Period of registration. |
25 | * * * |
26 | (h) Transients, juvenile offenders and sexually violent |
27 | delinquent children.--If the individual specified in section |
28 | 9799.13 is a transient, a juvenile offender or a sexually |
29 | violent delinquent child, the following apply: |
30 | (1) If the individual is a transient, the individual |
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1 | shall appear in person at an approved registration site to |
2 | provide or to verify the information set forth in section |
3 | 9799.16(b) and to be photographed [monthly] weekly. The duty |
4 | to appear in person [monthly] weekly and to be photographed |
5 | shall apply until a transient establishes a residence. In the |
6 | event a transient establishes a residence, the requirement of |
7 | periodic in-person appearances set forth in subsection (e) |
8 | shall apply. |
9 | * * * |
10 | § 9799.16. Registry. |
11 | * * * |
12 | (b) Information provided by sexual offender.--An individual |
13 | specified in section 9799.13 (relating to applicability) shall |
14 | provide the following information which shall be included in the |
15 | registry: |
16 | * * * |
17 | (6) If the individual is a transient, the individual |
18 | shall provide information about the transient's temporary |
19 | habitat or other temporary place of abode or dwelling, |
20 | including, but not limited to, a homeless shelter or park. In |
21 | addition, the transient shall provide a list of places the |
22 | transient eats, frequents and engages in leisure activities |
23 | and any planned destinations, including those outside this |
24 | Commonwealth. If the transient changes or adds to the places |
25 | listed under this paragraph during a [monthly] weekly period, |
26 | the transient shall list these when registering as a |
27 | transient during the next [monthly] weekly period. In |
28 | addition, the transient shall provide the place the transient |
29 | receives mail, including a post office box. If the transient |
30 | has been designated as a sexually violent predator, the |
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1 | transient shall state whether he is in compliance with |
2 | section 9799.36 (relating to counseling of sexually violent |
3 | predators). The duty to provide the information set forth in |
4 | this paragraph shall apply until the transient establishes a |
5 | residence. In the event a transient establishes a residence, |
6 | the requirements of section 9799.15(e) (relating to period of |
7 | registration) shall apply. |
8 | * * * |
9 | Section 3. Section 9799.25(a)(7) of Title 42 is amended to |
10 | read: |
11 | § 9799.25. Verification by sexual offenders and Pennsylvania |
12 | State Police. |
13 | (a) Periodic verification.--Except for initial registration |
14 | as provided in section 9799.19 (relating to initial |
15 | registration) and in accordance with section 9799.15(a) |
16 | (relating to period of registration), sexual offenders shall |
17 | verify the information provided in section 9799.16(b) (relating |
18 | to registry) and be photographed as follows: |
19 | * * * |
20 | (7) A transient shall appear in person at an approved |
21 | registration site [monthly] weekly. |
22 | * * * |
23 | Section 4. The amendments to 42 Pa.C.S. §§ 9796(b.2) and |
24 | (b.3), 9799.15(h)(1), 9799.16(b)(6) and 9799.25(a)(7) shall |
25 | apply as follows: |
26 | (1) Any offenders convicted on or after the effective |
27 | date of this section shall be subject to the amended |
28 | registration requirements immediately. |
29 | (2) Any offenders who were convicted before the |
30 | effective date of this section shall be subject to the |
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1 | amended registration requirements after the offender's next |
2 | monthly appearance at an approved registration site after the |
3 | effective date of this section and after notification by the |
4 | Pennsylvania State Police. |
5 | Section 5. This act shall take effect in 60 days. |
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