Bill Text: PA HB331 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for registration of sexual offenders and for sentence for failure to comply with registration of sexual offenders.

Sponsorship: Slight Partisan Bill (Republican 17-9)

Status: (Introduced - Dead) 2011-01-31 - Referred to JUDICIARY [HB331 Detail]

Download: Pennsylvania-2011-HB331-Introduced.html

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PRINTER'S NO. 286
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 331 Session of2011
INTRODUCED BY D. O'BRIEN, BAKER, BARRAR, BRENNAN, CLYMER, CUTLER, DePASQUALE, FABRIZIO, FREEMAN, GEORGE, HARHAI, HESS, KAUFFMAN, KORTZ, LONGIETTI, MILLARD, MURT, PASHINSKI, REICHLEY, ROAE, SCAVELLO, SCHRODER, SONNEY, SWANGER AND VULAKOVICH, JANUARY 31, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2011
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, further providing for definitions, for registration
of sexual offenders and for sentence for failure to comply
with registration of sexual offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4501 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 4501. Definitions.
Subject to additional definitions contained in subsequent
provisions of this article which are applicable to specific
chapters or other provisions of this article, the following
words and phrases, when used in this article shall have, unless
the context clearly indicates otherwise, the meanings given to
them in this section:
* * *
"Habitual locale." As defined in 42 Pa.C.S. § 9792 (relating
to definitions).
* * *
"Registration information." As defined in 42 Pa.C.S. § 9792
(relating to definitions).
"Sex offender registration law." As defined in 42 Pa.C.S. §
9792 (relating to definitions).
Section 2. Section 4915(a) introductory paragraph, (2) and
(3), (b), (c) and (e)(3)(ii) of Title 18 are amended and
subsections (a) and (c) are amended by adding paragraphs to
read:
§ 4915. Failure to comply with registration of sexual offenders
requirements.
(a) Offense defined.--An individual who is subject to
registration under 42 Pa.C.S. § [9795.1(a)] 9795.1 (relating to
registration) or [an individual who is subject to registration
under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] who was subject to
registration under former 42 Pa.C.S § 9793 (relating to
registration of certain offenders for ten years) commits an
offense if he knowingly fails to:
* * *
(2) verify his [address] registration information or be
photographed as required under 42 Pa.C.S. § 9796 (relating to
verification of [residence] registration information); [or]
(3) provide accurate information when registering,
verifying or updating registration information under 42
Pa.C.S. § 9795.2 or [verifying an address under 42 Pa.C.S. §]
9796; or
(4) comply with any sexual offender counseling
conditions imposed by 42 Pa.C.S. § 9799.4 (relating to
counseling of sexually violent predators) as a result of
20110HB0331PN0286 - 2 -
being designated a sexually violent predator or imposed under
a sex offender registration statute following conviction in
another jurisdiction.
(b) Grading for offenders [who must register for ten years]
without lifetime registration.--
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § 9795.1(a) or (a.1)
or former 42 Pa.C.S. § 9793, and required to register as an
offender for a period of time less than lifetime, who commits
a violation of subsection (a)(1) or (2) commits a felony of
the third degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and
required to register as an offender for a period of time less
than lifetime, who commits a violation of subsection (a)(1)
or (2) and who has previously been convicted of an offense
under subsection (a)(1) or (2) or a similar offense commits a
felony of the second degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) or (a.1) or former 42 Pa.C.S. § 9793, and
required to register as an offender for a period of time less
than lifetime, who violates subsection (a)(3) commits a
felony of the second degree.
(c) Grading for sexually violent predators and others with
lifetime registration.--
(2) Except as set forth in paragraph (3), an individual
subject to registration under 42 Pa.C.S. § [9795.1(b)(1), (2)
or (3)] 9795.1(b) or former 42 Pa.C.S. § 9793, and required
to register as a sexually violent predator or as an offender
for life, who commits a violation of subsection (a)(1) or (2)
20110HB0331PN0286 - 3 -
commits a felony of the second degree.
(3) An individual subject to registration under 42
Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42
Pa.C.S. § 9793, and required to register as a sexually
violent predator or as an offender for life, who commits a
violation of subsection (a)(1) or (2) and who has previously
been convicted of an offense under subsection (a)(1) or (2)
or a similar offense commits a felony of the first degree.
(4) An individual subject to registration under 42
Pa.C.S. § [9795.1(b)(1), (2) or (3)] 9795.1(b) or former 42
Pa.C.S. § 9793, and required to register as a sexually
violent predator or as an offender for life, who violates
subsection (a)(3) commits a felony of the first degree.
(5) An individual subject to registration under 42
Pa.C.S. § 9795.1(b) and required to register as a sexually
violent predator who violates subsection (a)(4) commits a
felony of the third degree.
* * *
(e) Arrests for violation.--
* * *
(3) Prior to admitting an individual arrested for a
violation of this section to bail, the issuing authority
shall require all of the following:
* * *
(ii) The individual must provide the Pennsylvania
State Police with all current or intended residences, all
habitual locales, all information concerning current or
intended employment, including all employment locations,
and all information concerning current or intended
enrollment as a student.
20110HB0331PN0286 - 4 -
* * *
Section 2.1. Section 9718.3(a) of Title 42 is amended to
read:
§ 9718.3. Sentence for failure to comply with registration of
sexual offenders.
(a) Mandatory sentence.--Mandatory sentencing shall be as
follows:
(1) Sentencing upon conviction for a first offense shall
be as follows:
(i) Not less than two years for an individual who:
(A) was subject to registration under section
9795.1(a) or (a.1) (relating to registration), former
section 9793 (relating to registration of certain
offenders for ten years) or a similar provision from
another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2)
or (4) (relating to failure to comply with
registration of sexual offenders requirements).
(ii) Not less than three years for an individual
who:
(A) was subject to registration under section
9795.1(a) or (a.1), former section 9793 or a similar
provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
(iii) Not less than three years for an individual
who:
(A) was subject to registration under section
9795.1(b) or a similar provision from another
jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2)
20110HB0331PN0286 - 5 -
or (4).
(iv) Not less than five years for an individual who:
(A) was subject to registration under section
9795.1(b) or a similar provision from another
jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
(2) Sentencing upon conviction for a second or
subsequent offense shall be as follows:
(i) Not less than five years for an individual who:
(A) was subject to registration under section
9795.1, former section 9793 or a similar provision
from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) [or], (2)
or (4).
(ii) Not less than seven years for an individual
who:
(A) was subject to registration under section
9795.1, former section 9793 or a similar provision
from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
* * *
Section 3. The definitions of "active notification,"
"approved registration site," "employed," "offender," "passive
notification," "residence" and "sexually violent predator" in
section 9792 of Title 42 are amended and the section is amended
by adding definitions to read:
§ 9792. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
20110HB0331PN0286 - 6 -
"Active notification." Notification pursuant to section 9798
(relating to other notification) or any process whereby law
enforcement, pursuant to the laws of the United States or one of
its territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign nation,
notifies persons in the community in which the individual
resides or has a habitual locale, including any person
identified in section 9798(b), of the residence, habitual
locale, employment or school location of the individual.
"Approved registration site" A site in this Commonwealth
approved by the Pennsylvania State Police as required by section
9799.1(2) (relating to [duties of] Pennsylvania State Police):
(1) at which individuals subject to this subchapter may
register, verify information or be fingerprinted or
photographed as required by this subchapter;
(2) which is capable of submitting fingerprints
utilizing the Integrated Automated Fingerprint Identification
System or in another manner and in such form as the
Pennsylvania State Police shall require; and
(3) which is capable of submitting photographs utilizing
the Commonwealth Photo Imaging Network or in another manner
and in such form as the Pennsylvania State Police shall
require.
* * *
"Employed." Includes a vocation or employment that is full-
time or part-time for a period of time exceeding [14] four days
during a seven-day period or for an aggregate period of time
exceeding [30] 14 days during any calendar year, whether
financially compensated, volunteered, pursuant to a contract or
for the purpose of government or educational benefit.
20110HB0331PN0286 - 7 -
"Habitual locale." A place where a transient can be located.
The term includes locations a transient frequents during the day
and night, such as parks, public buildings, restaurants and
libraries.
* * *
"Offender." An individual required to register under section
9795.1(a), (a.1), (b)(1) or (2) (relating to registration) or
under former section 9793 (relating to registration of certain
offenders for ten years). The term includes an individual
considered to be an offender under section 9795.2(b) (relating
to registration procedures and applicability).
"Passive notification." Notification pursuant to section
9798.1 (relating to information made available on the Internet
and electronic notification) or any process whereby persons,
pursuant to the laws of the United States or one of its
territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign nation,
are able to access information pertaining to an individual [as a
result of the individual having been convicted or sentenced by a
court for an offense similar to an offense listed in section
9795.1 (relating to registration)] under a sex offender
registration law in that jurisdiction. The term includes a
situation in which an individual is required to register under a
sex offender registration law in the jurisdiction where
convicted, sentenced, court martialed or adjudicated as a
juvenile and where access to that registration information is
limited to law enforcement only.
* * *
"Registration information." Information required under this
subchapter to be provided to the Pennsylvania State Police by an
20110HB0331PN0286 - 8 -
offender or a sexually violent predator.
"Residence." A location where an individual resides or is
domiciled or intends to be domiciled for 30 [consecutive]
cumulative days or more during a calendar year.
"Sex offender registration law." Any of the following:
(1) This subchapter.
(2) A law in another jurisdiction which requires an
individual to register with a sex offender registry following
conviction or adjudication.
* * *
"Sexually violent predator." A person who has been convicted
of a sexually violent offense as set forth in section 9795.1
(relating to registration) and who is determined to be a
sexually violent predator under section 9795.4 (relating to
assessments) due to a mental abnormality or personality disorder
that makes the person likely to engage in predatory sexually
violent offenses. The term includes:
(1) an individual determined to be a sexually violent
predator where the determination occurred in the United
States or one of its territories or possessions, another
state, the District of Columbia, the Commonwealth of Puerto
Rico, a foreign nation or by court martial; and
(2) an individual considered to be a sexually violent
predator under section 9795.2(b) (relating to registration
procedures and applicability).
* * *
"Transient." An individual subject to registration under
this subchapter who does not have a residence and is present in
this Commonwealth for seven or more consecutive days. The term
includes an individual considered to be a transient under
20110HB0331PN0286 - 9 -
section 9795.2(a)(1) (relating to registration procedures and
applicability).
Section 4. Section 9795.1(a) introductory paragraph of Title
42 is amended, subsection (b) is amended by adding a paragraph
and the section is amended by adding subsections to read:
§ 9795.1. Registration.
(a) Ten-year registration.--[The] Except as set forth in
subsection (a.1) or (b), the following individuals shall be
required to register with the Pennsylvania State Police for a
period of ten years:
* * *
(a.1) Exception to ten-year registration.--Except as
provided under subsection (b), an individual considered to be an
offender pursuant to section 9795.2(b) (relating to registration
procedures and applicability) shall be required to register with
the Pennsylvania State Police for a period less than life, the
duration of which is to be determined under section 9795.2(b).
(b) Lifetime registration.--The following individuals shall
be subject to lifetime registration:
* * *
(5) An individual who is considered to be a sexually
violent predator under section 9795.2(b) or who is otherwise
required to register for life under section 9795.2(b).
* * *
(d) Failure to maintain a residence.--The fact that an
individual required to register under this subchapter does not
have a residence shall not relieve the individual from the duty
to register or any other duty imposed by this subchapter.
Section 5. Section 9795.2(a)(1), (2) introductory paragraph,
(i), (ii) and (iv), (2.1), (3) and (4)(i), (b)(4) introductory
20110HB0331PN0286 - 10 -
paragraph and (5) introductory paragraph, (c), (d) and (e) of
Title 42 are amended, subsection (a) is amended by adding a
paragraph and subsection (a)(2) is amended by adding
subparagraphs to read:
§ 9795.2. Registration procedures and applicability.
(a) Registration.--
(1) Offenders and sexually violent predators shall be
required to register with the Pennsylvania State Police upon
release from incarceration, upon parole from a Federal, State
[or], county, municipal or private correctional [institution]
facility or upon the commencement of a sentence of
intermediate punishment or probation or any other sentence of
nonconfinement. For purposes of registration, offenders and
sexually violent predators shall provide the Pennsylvania
State Police with all current or intended residences[,]; all
information concerning current or intended employment [and];
all information concerning current or intended enrollment as
a student[.]; and all information concerning vehicles owned
by, or registered to, the offender or sexually violent
predator. An offender or sexually violent predator who does
not have a current or intended residence shall be considered
a transient. An offender or sexually violent predator who
provides an intended residence shall be considered a
transient if the offender or sexually violent predator is not
living at the registered intended residence within seven days
following the date of release, parole or commencement of
intermediate punishment, probation or nonconfinement
sentence.
(1.1) If an offender or sexually violent predator is
required under this subchapter to register, update or verify
20110HB0331PN0286 - 11 -
a residence, an offender or sexually violent predator who is
a transient shall be required to register, update or verify
his habitual locales. With respect to each habitual locale, a
transient shall be required to provide an address unless the
habitual locale has no address, in which case a transient
shall be required to provide a specific description of the
place. A transient shall also provide a place where the
transient is able to receive delivery of mail, including a
post office box or general delivery post office location. In
addition to any other duty imposed under this subchapter,
including reporting requirements under section 9796 (relating
to verification of residence), a transient shall appear every
30 days at an approved registration site to complete the
forms designated by the Pennsylvania State Police to be used
for the purposes of complying with this subchapter, to update
or verify registration information and status as a transient
and, at the discretion of the approved registration site, to
be photographed.
(2) For purposes of this paragraph, offenders and
sexually violent predators shall appear at an approved
registration site to complete the form designated by the
Pennsylvania State Police to be used for purposes of
complying with this subchapter. In the case of an offender
entering or being released or transferred from a residential
reentry or correctional facility, the administrator of the
facility or his designee shall assist in completing the forms
designated by the Pennsylvania State Police to be used for
purposes of complying with this subchapter and, immediately
upon collection, forward all the forms to the Pennsylvania
State Police. Offenders and sexually violent predators shall
20110HB0331PN0286 - 12 -
inform the Pennsylvania State Police within 48 hours of:
(i) Any establishment or change of residence or
establishment of an additional residence or residences.
(ii) [Any] Becoming employed or any change of
employer or employment location for a period of time that
will exceed [14] four days during a seven-day period or
for an aggregate period of time that will exceed [30] 14
days during any calendar year, or termination of
employment.
* * *
(iv) Becoming [employed or] enrolled as a student if
the person has not previously provided that information
to the Pennsylvania State Police.
(v) Becoming a transient.
(vi) Entering, being released or transferred from a
Federal, State, county, municipal or private correctional
facility, including a residential reentry facility, due
to arrest, detainer, parole violation, probation
violation or sentence of incarceration, if the person's
stay exceeds 48 hours.
(vii) No longer residing, being domiciled, employed
or being enrolled as a student in this Commonwealth.
(2.1) Registration with a new law enforcement agency
shall occur no later than 48 hours after establishing
residence in another state or after moving to another state
but not establishing a residence there.
(3) The [ten-year] registration period required in
section 9795.1(a) and (a.1) (relating to registration) shall
be tolled when an offender is [recommitted for a parole
violation or sentenced to an additional term of imprisonment]
20110HB0331PN0286 - 13 -
incarcerated, and all time spent in incarceration shall not
be counted toward an offender's registration period. In such
cases, the [Department of Corrections or] Federal, State,
county, municipal or private correctional facility shall
notify the Pennsylvania State Police of the admission,
release and transfer of the offender.
(4) This paragraph shall apply to all offenders and
sexually violent predators:
(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania Board of Probation
and Parole or the court or is sentenced to probation
[or], intermediate punishment or a punishment not
involving confinement, the board or county office of
probation and parole shall collect registration
information from the offender or sexually violent
predator and forward that registration information to the
Pennsylvania State Police. [The Department of Corrections
or county] If an offender or a sexually violent predator
is incarcerated in a Federal, State, county, municipal or
private correctional facility, including a residential
reentry facility, the correctional facility shall not
release nor transfer the offender or sexually violent
predator until it receives verification from the
Pennsylvania State Police that [it has received] the
registration information has been received. Verification
by the Pennsylvania State Police may occur by electronic
means, including e-mail or facsimile transmission. Where
the offender or sexually violent predator is scheduled to
be released from a [State correctional facility or
county] correctional facility because of the expiration
20110HB0331PN0286 - 14 -
of the maximum term of incarceration, the [Department of
Corrections or county] correctional facility shall
collect the information from the offender or sexually
violent predator no later than ten days prior to the
maximum expiration date. The registration information
shall, immediately upon collection, be forwarded to the
Pennsylvania State Police.
* * *
(b) Individuals convicted or sentenced by a court or
adjudicated delinquent in jurisdictions outside this
Commonwealth or sentenced by court martial.--
(4) An individual who [resides, is employed or is a
student] is employed, intends to be employed, is a student,
intends to be a student, resides, enters this Commonwealth
with the purpose of establishing a residence or is a
transient in this Commonwealth and who has been convicted of
or sentenced by a court or court martialed for a sexually
violent offense or a similar offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation, or who was required to
register under a sexual offender statute in the jurisdiction
where convicted, sentenced or court martialed, shall register
at an approved registration site within 48 hours of the
individual's arrival in this Commonwealth. The provisions of
this subchapter shall apply to the individual as follows:
* * *
(5) Notwithstanding the provisions of Chapter 63
(relating to juvenile matters) and except as provided in
paragraph (4), an individual who [resides, is employed or is
20110HB0331PN0286 - 15 -
a student] is employed, intends to be employed, is a student,
intends to be a student, resides, enters this Commonwealth
with the purpose of establishing a residence or is a
transient in this Commonwealth and who is required to
register as a sex offender under the laws of the United
States or one of its territories or possessions, another
state, the District of Columbia, the Commonwealth of Puerto
Rico or a foreign nation as a result of a juvenile
adjudication shall register at an approved registration site
within 48 hours of the individual's arrival in this
Commonwealth. The provisions of this subchapter shall apply
to the individual as follows:
* * *
(c) Registration information to local police.--
(1) The Pennsylvania State Police shall provide the
information obtained under this section and sections [9795.3]
9795.3(a) (relating to sentencing court information) and 9796
(relating to verification of [residence] registration
information) to the chief law enforcement officers of the
police departments of the municipalities in which the
individual will reside, be employed or enrolled as a student.
In addition, the Pennsylvania State Police shall provide this
officer with the address at which the individual will reside,
be employed or enrolled as a student following his release
from incarceration, parole or probation.
(2) The Pennsylvania State Police shall provide notice
to the chief law enforcement officers of the police
departments of the municipalities notified pursuant to
paragraph (1) when an individual fails to comply with the
registration requirements of this section or section 9796 and
20110HB0331PN0286 - 16 -
request, as appropriate, that these police departments assist
in locating and apprehending the individual.
(3) The Pennsylvania State Police shall provide notice
to the chief law enforcement officers of the police
departments of the municipalities notified pursuant to
paragraph (1) when they are in receipt of information
indicating that the individual is no longer a transient or
will no longer reside, be transient, be employed or be
enrolled as a student in the municipality.
(d) Penalty.--An individual subject to registration under
former section 9793 (relating to registration of certain
offenders for ten years) or section [9795.1(a) or (b)] 9795.1
who fails to register or verify or update registration
information with the Pennsylvania State Police as required by
this section may be subject to prosecution under 18 Pa.C.S. §
4915 (relating to failure to comply with registration of sexual
offenders requirements).
(e) Registration sites.--An individual subject to [section
9795.1] this subchapter shall register and submit to
fingerprinting and photographing as required by this subchapter
at approved registration sites.
Section 6. Sections 9795.3, 9796 heading, (a), (b), (c) and
(e), 9797(a)(1) and 9798(a)(1), (b) and (c) of Title 42 are
amended to read:
§ 9795.3. Sentencing court information.
(a) Duty of sentencing court.--The sentencing court shall
inform offenders and sexually violent predators at the time of
sentencing of the provisions of this subchapter. The court
shall:
(1) Specifically inform the offender or sexually violent
20110HB0331PN0286 - 17 -
predator of the duty to register and provide the information
required for each registration, including verification as
required in section 9796(a) (relating to verification of
[residence)] registration information).
(2) Specifically inform the offender or sexually violent
predator of the duty to inform the Pennsylvania State Police
within [ten days] 48 hours if the offender or sexually
violent predator changes or establishes a residence or
establishes an additional residence or residences, becomes a
transient, changes employer or employment location for a
period of time that will exceed [14 days] four days during
any seven-day period or for an aggregate period of time that
will exceed [30] 14 days during any calendar year or
terminates employment or changes institution or location at
which the person is enrolled as a student or terminates
enrollment.
(2.1) Specifically inform the offender or sexually
violent predator of the duty to inform the Pennsylvania State
Police within [ten days] 48 hours of becoming employed or
enrolled as a student if the [person] offender or sexually
violent predator has not previously provided that information
to the Pennsylvania State Police.
(2.2) Specifically inform the offender or sexually
violent predator of the duty to inform the Pennsylvania State
Police that he is a transient if the offender or sexually
violent predator does not have or fails to maintain a
residence.
(3) Specifically inform the offender or sexually violent
predator of the duty to register with a new law enforcement
agency if the offender or sexually violent predator moves to
20110HB0331PN0286 - 18 -
another state no later than [ten days] 48 hours after
establishing residence in another state.
(4) Order the fingerprints and photograph of the
offender or sexually violent predator to be provided to the
Pennsylvania State Police upon sentencing.
(5) Specifically inform the offender or sexually violent
predator of the duty to register with the appropriate
authorities in any state in which the offender or sexually
violent predator is a transient, is employed, carries on a
vocation or is a student if the state requires such
registration.
(6) Require the offender or sexually violent predator to
read and sign a form stating that the duty to register under
this subchapter has been explained. Where the offender or
sexually violent predator is incapable of reading, the court
shall certify the duty to register was explained to the
offender or sexually violent predator and the offender or
sexually violent predator indicated an understanding of the
duty.
(b) Failure to provide.--Failure on the part of the court to
provide a sexually violent predator or offender with information
under this section shall not relieve that predator or offender
from the requirements of this subchapter.
§ 9796. Verification of [residence] registration information.
(a) Quarterly verification by sexually violent predators.--
The Pennsylvania State Police shall verify the [residence]
registration information and compliance with counseling as
provided for in section 9799.4 (relating to counseling of
sexually violent predators) of sexually violent predators every
90 days through the use of a nonforwardable verification form to
20110HB0331PN0286 - 19 -
the last reported residence. For the period of registration
required by section 9795.1 (relating to registration), a
sexually violent predator shall appear quarterly between January
5 and January 15, April 5 and April 15, July 5 and July 15 and
October 5 and October 15 of each calendar year at an approved
registration site to complete a verification form and to be
photographed.
* * *
(b) Annual verification by offenders.--The Pennsylvania
State Police shall verify the [residence] registration
information of offenders. For the period of registration
required by section 9795.1, an offender shall appear within ten
days before each annual anniversary date of the offender's
initial registration under former section 9793 (relating to
registration of certain offenders for ten years) or section
9795.1 at an approved registration site to complete a
verification form and to be photographed.
* * *
(c) Notification of law enforcement agencies of change of
residence or habitual locale.--A change of residence or habitual
locale of an offender or sexually violent predator required to
register under this subchapter reported to the Pennsylvania
State Police shall be immediately reported by the Pennsylvania
State Police to the appropriate law enforcement agency having
jurisdiction of the offender's or the sexually violent
predator's new place of residence or habitual locale. The
Pennsylvania State Police shall, if the offender or sexually
violent predator changes residence or habitual locale to another
state, notify the law enforcement agency with which the offender
or sexually violent predator must register in the new state.
20110HB0331PN0286 - 20 -
* * *
(e) Penalty.--An individual subject to registration under
former section 9793 or section 9795.1(a) or (b) who fails to
verify his [residence] registration information or to be
photographed as required by this section may be subject to
prosecution under 18 Pa.C.S. § 4915 (relating to failure to
comply with registration of sexual offenders requirements).
* * *
§ 9797. Victim notification.
(a) Duty to inform victim.--
(1) Where the individual is determined to be a sexually
violent predator by a court under section 9795.4 (relating to
assessments), the local municipal police department or the
Pennsylvania State Police where no municipal police
jurisdiction exists shall give written notice to the sexually
violent predator's victim when the sexually violent predator
registers initially and when he notifies the Pennsylvania
State Police of any change of residence or habitual locale.
This notice shall be given within 72 hours after the sexually
violent predator registers or notifies the Pennsylvania State
Police of a change of address or habitual locale. The notice
shall contain the sexually violent predator's name and the
address [or], addresses or habitual locales where he resides
or may be found.
* * *
§ 9798. Other notification.
(a) Notice by municipality's chief law enforcement
officer.--Notwithstanding any of the provisions of 18 Pa.C.S.
Ch. 91 (relating to criminal history record information), the
chief law enforcement officer of the full-time or part-time
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police department of the municipality where a sexually violent
predator lives shall be responsible for providing written notice
as required under this section.
(1) The notice shall contain:
(i) The name of the convicted sexually violent
predator.
(ii) The address or addresses at which [he] the
sexually violent predator resides. If the sexually
violent predator is a transient, written notice under
this subparagraph shall include the municipality and
county containing the transient's habitual locale.
(ii.1) The municipality, county and zip code in
which the sexually violent predator is employed.
(iii) The offense for which [he] the sexually
violent predator was convicted, sentenced by a court,
adjudicated delinquent or court martialed.
(iv) A statement that [he] the sexually violent
predator has been determined by court order to be a
sexually violent predator, which determination has or has
not been terminated as of a date certain.
(v) A photograph of the sexually violent predator,
if available.
* * *
(b) To whom written notice is provided.--The chief law
enforcement officer shall provide written notice, under
subsection (a), to the following persons:
(1) Neighbors of the sexually violent predator. As used
in this paragraph, where the sexually violent predator lives
in a common interest community, the term "neighbor" includes
the unit owners' association and residents of the common
20110HB0331PN0286 - 22 -
interest community. As used in this paragraph, where the
sexually violent predator is a transient, the term "neighbor"
shall mean the community, and the chief law enforcement
officer shall determine the appropriate method for providing
written notice.
(2) The director of the county children and youth
service agency of the county where the sexually violent
predator resides or, if the sexually violent predator is a
transient, each county containing the transient's habitual
locale.
(3) The superintendent of each school district and the
equivalent official for private and parochial schools
enrolling students up through grade 12 in the municipality
where the sexually violent predator resides or, if the
sexually violent predator is a transient, each municipality
containing the transient's habitual locale.
(3.1) The superintendent of each school district and the
equivalent official for each private and parochial school
located within a one-mile radius of where the sexually
violent predator resides.
(4) The licensee of each certified day care center and
licensed preschool program and owner/operator of each
registered family day care home in the municipality where the
sexually violent predator resides or, if the sexually violent
predator is a transient, each municipality containing the
transient's habitual locale.
(5) The president of each college, university and
community college located within 1,000 feet of a sexually
violent predator's residence.
(c) Urgency of notification.--The municipal police
20110HB0331PN0286 - 23 -
department's chief law enforcement officer shall provide notice
within the following time frames:
(1) To neighbors specified under subsection (b)(1),
notice shall be provided within five days after information
of the sexually violent predator's release date and residence
or habitual locale has been received by the chief law
enforcement officer. Notwithstanding the provisions of
subsections (a) and (b), verbal notification may be used if
written notification would delay meeting this time
requirement.
(2) To the persons specified in subsection (b)(2), (3),
(4) and (5), notice shall be provided within seven days after
the chief law enforcement officer receives information
regarding the sexually violent predator's release date and
residence or habitual locale.
* * *
Section 6.1. Section 9798.1 heading, (a) and (c)(1)(v) and
(vi) of Title 42 are amended, subsection (c) is amended by
adding a paragraph and the section is amended by adding a
subsection to read:
§ 9798.1. Information made available on the Internet and
electronic notification.
(a) Legislative findings.--It is hereby declared to be the
finding of the General Assembly that public safety will be
enhanced by making information about sexually violent predators,
lifetime registrants and other sex offenders available to the
public through the Internet and electronic notification.
Knowledge of whether a person is a sexually violent predator,
lifetime registrant or other sex offender could be a significant
factor in protecting oneself and one's family members, or those
20110HB0331PN0286 - 24 -
in care of a group or community organization, from recidivist
acts by sexually violent predators, lifetime registrants and
other sex offenders. The technology afforded by the Internet and
other electronic notification would make this information
readily accessible to parents and private entities, enabling
them to undertake appropriate remedial precautions to prevent or
avoid placing potential victims at risk. Public access to
information about sexually violent predators, lifetime
registrants and other sex offenders is intended solely as a
means of public protection and shall not be construed as
punitive.
* * *
(c) Information permitted to be disclosed regarding
individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
criminal history record information), the Internet website shall
contain the following information on each individual:
(1) For sexually violent predators, the following
information shall be posted on the Internet website:
* * *
(v) the municipality, county and zip code of any
employment location and, in the case of a transient, of
any habitual locale;
(vi) [a photograph] multiple frontal view color
photographs of the offender, which shall be updated not
less than annually, the specific date each photograph was
taken and, for comparative purposes, the most current and
the most recent previously posted frontal photographs
taken of the offender;
* * *
(3) If an offender fails to appear for his required
20110HB0331PN0286 - 25 -
annual registration information verification or a sexually
violent predator fails to appear for his required quarterly
registration information verification, the Internet website
shall include:
(i) A statement prominently displayed on the
offender or sexually violent predator's Internet website
listing indicating that the offender or predator is not
current with the registration information verification
requirements of this chapter.
(ii) If applicable, a prominent notice indicating
that the offender or sexually violent predator has
absconded.
* * *
(e) Electronic notification option.--Notwithstanding 18
Pa.C.S. Ch. 91 (relating to criminal history record
information), the Pennsylvania State Police shall develop and
implement a process which allows members of the public to
receive electronic notification when any registered offender
moves into or out of a user-designated location.
Section 6.2. Section 9799(1) of Title 42 is amended to read:
§ 9799. Immunity for good faith conduct.
The following entities shall be immune from liability for
good faith conduct under this subchapter:
(1) The Pennsylvania State Police [and], local law
enforcement agencies, and agents and employees of the
Pennsylvania State Police and local law enforcement agencies.
* * *
Section 7. Section 9799.1 heading, (2) and (4) of Title 42
are amended and the section is amended by adding paragraphs to
read:
20110HB0331PN0286 - 26 -
§ 9799.1. [Duties of] Pennsylvania State Police.
The Pennsylvania State Police shall:
* * *
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Pennsylvania Board of
Probation and Parole and the chairman and the minority
chairman of the Judiciary Committee of the Senate and the
chairman and the minority chairman of the Judiciary Committee
of the House of Representatives, promulgate guidelines
necessary for the general administration of this subchapter.
These guidelines shall establish procedures to allow an
individual subject to the requirements of sections 9795.1
(relating to registration) and 9796 (relating to verification
of [residence] registration information) to fulfill these
requirements at approved registration sites throughout this
Commonwealth. The Pennsylvania State Police shall publish a
list of approved registration sites in the Pennsylvania
Bulletin and provide a list of approved registration sites in
any notices sent to individuals required to register under
section 9795.1. An approved registration site shall be
capable of submitting fingerprints, photographs and any other
information required electronically to the Pennsylvania State
Police. The Pennsylvania State Police shall require that
approved registration sites submit fingerprints utilizing the
Integrated Automated Fingerprint Identification System or in
another manner and in such form as the Pennsylvania State
Police shall require. The Pennsylvania State Police shall
require that approved registration sites submit photographs
utilizing the Commonwealth Photo Imaging Network or in
another manner and in such form as the Pennsylvania State
20110HB0331PN0286 - 27 -
Police shall require. Approved registration sites shall not
be limited to sites managed by the Pennsylvania State Police
and shall include sites managed by local law enforcement
agencies that meet the criteria for approved registration
sites set forth in this paragraph.
* * *
(4) Notify, within five business days of receiving the
offender's or the sexually violent predator's registration,
the chief law enforcement officers of the police departments
having primary jurisdiction of the municipalities in which an
offender or sexually violent predator is a transient,
resides, is employed or enrolled as a student of the fact
that the offender or sexually violent predator has been
registered with the Pennsylvania State Police pursuant to
sections 9795.2 (relating to registration procedures and
applicability) and 9796 (relating to verification of
[residence] registration information).
* * *
(7) The Pennsylvania State Police shall have standing
and shall be a party in any of the following:
(i) A proceeding brought by an individual registered
under former section 9793 (relating to registration of
certain offenders for ten years) or section 9795.1 to be
removed from, or contesting inclusion in, the State
registry of sexual offenders and sexually violent
predators.
(ii) A proceeding to modify a court order concerning
the terms of an individual's registration under former
section 9793 or section 9795.1.
(8) The Pennsylvania State Police may certify and send
20110HB0331PN0286 - 28 -
to an authorized user, by electronic transmission or
otherwise, a certification of record or abstract of records
maintained by the Pennsylvania State Police regarding the
registration of an offender under this subchapter.
Permissible uses shall include certifications of an
offender's initial registration and verification history and
history of nonregistration or nonverification. The
Pennsylvania State Police may also certify electronically any
documents certified to it electronically. Authorized users
shall include State and local police, district attorneys,
agents and employees of the Pennsylvania State Police and the
Office of Attorney General and other persons or entities
determined by the Pennsylvania State Police and listed by
notice in the Pennsylvania Bulletin. In any proceeding before
the courts or administrative bodies of this Commonwealth,
documents certified by the Pennsylvania State Police under
this section and offered into evidence by an authorized user
shall be admissible into evidence.
Section 8. Sections 9799.4 and 9799.9 of Title 42 are
amended to read:
§ 9799.4. Counseling of sexually violent predators.
(a) Attendance required.--For the period of registration
required by section 9795.1(b) (relating to registration), a
sexually violent predator shall be required to attend at least
monthly counseling sessions in a program approved by the board
and be financially responsible for all fees assessed from such
counseling sessions. The board shall monitor the compliance of
the sexually violent predator.
(b) Indigence.--If the sexually violent predator can prove
to the satisfaction of the court that the person's income and
20110HB0331PN0286 - 29 -
support is such that the person cannot afford to pay for the
counseling sessions, that person shall still attend the
counseling sessions and the [parole office] Pennsylvania Board
of Probation and Parole shall pay the requisite fees. The court
may create a standard petition for indigence for use by sexually
violent predators and the Pennsylvania Board of Probation and
Parole in the courts of this Commonwealth. Filing fees for the
determinations shall be waived. Upon request of the Pennsylvania
Board of Probation and Parole, a sexually violent predator's
indigence status shall be reviewed by the court and a
determination shall be made by the court whether the individual
will remain eligible for funded counseling sessions.
§ 9799.9. Photographs and fingerprinting.
An individual subject to former section 9793 (relating to
registration of certain offenders for ten years) or section
9795.1 (relating to registration) shall submit to fingerprinting
and photographing as required by this subchapter at approved
registration sites. Fingerprinting as required by this
subchapter shall, at a minimum, require submission of a full set
of fingerprints. Photographing as required by this subchapter
shall, at a minimum, require submission to photographs of the
face and any scars, marks, tattoos or other unique features of
the individual. Fingerprints and photographs obtained under this
subchapter may be maintained for use under this subchapter and
for general law enforcement purposes.
Section 9. This act shall apply to the following:
(1) All individuals required to register under 42
Pa.C.S. Ch. 97 Subch. H on or after the effective date of
this section.
(2) All individuals required to register under 42
20110HB0331PN0286 - 30 -
Pa.C.S. Ch. 97 Subch. H or former 42 Pa.C.S. § 9793 prior to
the effective date of this section and whose registration has
not expired prior to the effective date of this section.
Section 13. This act shall take effect as follows:
(1) The amendment or addition of 18 Pa.C.S. §§ 4501 and
4915(a) introductory paragraph, (2), (3) and (4), (b)(2), (3)
and (4) and (c)(2), (3), (4) and (5) shall take effect in 60
days.
(2) The amendment or addition of 42 Pa.C.S. § 9798.1
heading, (a) and (c)(1)(v) and (3) shall take effect in 180
days.
(3) The amendment of 42 Pa.C.S. § 9798.1(c)(1)(vi) shall
take effect in one year.
(4) The addition of 42 Pa.C.S. § 9798.1(e) shall take
effect January 1, 2012.
(5) The remainder of this act shall take effect
immediately.
20110HB0331PN0286 - 31 -