Bill Text: PA HB71 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for sexual offender registration procedures.

Sponsorship: Slight Partisan Bill (Republican 51-17)

Status: (Introduced - Dead) 2011-01-19 - Referred to JUDICIARY [HB71 Detail]

Download: Pennsylvania-2011-HB71-Introduced.html

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PRINTER'S NO. 34
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 71 Session of2011
INTRODUCED BY REED, BAKER, BOBACK, BOYD, CAUSER, CONKLIN, CUTLER, DAY, DePASQUALE, ELLIS, EVERETT, FLECK, GABLER, GEIST, GOODMAN, GRELL, GROVE, HARHART, HESS, HORNAMAN, KAUFFMAN, M.K. KELLER, KULA, LONGIETTI, MAJOR, METCALFE, MILLARD, MILLER, MILNE, MURPHY, OBERLANDER, PAYNE, PYLE, READSHAW, REESE, REICHLEY, ROAE, SANTARSIERO, SCAVELLO, SCHRODER, STABACK, STEVENSON, TOEPEL, VULAKOVICH, HARKINS, KNOWLES, HUTCHINSON, GINGRICH, HARRIS, MANN, K. SMITH, KORTZ AND MARSHALL, JANUARY 19, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
sexual offender registration procedures.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9795.2(a)(4)(i) and (b)(4)(i) of Title 42
of the Pennsylvania Consolidated Statutes, are amended to read:
§ 9795.2. Registration procedures and applicability.
(a) Registration.--
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(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, 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 correctional facility shall not release the
offender or sexually violent predator until it receives
verification from the Pennsylvania State Police that it
has received the registration information and has posted
the registration information on the Internet as required
under section 9798.1 (relating to information made
available on the Internet). 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 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 be
forwarded to the Pennsylvania State Police and shall be
posted on the Internet as required under section 9798.1
prior to the maximum expiration date.
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(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
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student 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:
(i) If the individual has been classified as a
sexually violent predator as defined in section 9792
(relating to definitions) or determined under the laws of
the other jurisdiction or by reason of court martial to
be subject to active notification and lifetime
registration on the basis of a statutorily authorized
administrative or judicial decision or on the basis of a
statute or administrative rule requiring active
notification and lifetime registration based solely on
the offense for which the individual was convicted,
sentenced or court martialed, the individual shall,
notwithstanding section 9792, be considered a sexually
violent predator and subject to lifetime registration
pursuant to section 9795.1(b) [(relating to
registration)]. The individual shall also be subject to
the provisions of this section and sections 9796
(relating to verification of residence), 9798 (relating
to other notification) and 9798.1(c)(1) [(relating to
information made available on the Internet)], except that
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the individual shall not be required to receive
counseling unless required to do so by the other
jurisdiction or by reason of court martial.
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Section 2. This act shall take effect in 60 days.
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