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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARSICO, CALTAGIRONE, BAKER, BARRAR, BOYD, B. BOYLE, CHRISTIANA, DeLUCA, DePASQUALE, EVERETT, FABRIZIO, GABLER, GEIST, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, M.K. KELLER, KILLION, KOTIK, LONGIETTI, MATZIE, MILLER, OBERLANDER, PAYNE, PICKETT, PYLE, QUINN, READSHAW, SACCONE, SAYLOR, SCAVELLO, K. SMITH, SONNEY, STEPHENS, STEVENSON, STURLA, SWANGER, TOEPEL, VULAKOVICH, WATSON, YOUNGBLOOD, BOBACK, KORTZ, REICHLEY, HESS, HELM AND CAUSER, JANUARY 19, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 19, 2011 |
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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 | sentence for failure to comply with registration of sexual |
4 | offenders. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 9718.3(a) of Title 42 of the Pennsylvania |
8 | Consolidated Statutes is amended and the section is amended by |
9 | adding a subsection to read: |
10 | § 9718.3. Sentence for failure to comply with registration of |
11 | sexual offenders. |
12 | (a) Mandatory sentence.--Mandatory sentencing shall be as |
13 | follows: |
14 | (1) Sentencing upon conviction for a first offense shall |
15 | be as follows: |
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1 | (i) Not less than two years for an individual who: |
2 | (A) was subject to section 9795.1(a) (relating |
3 | to registration) or a similar provision from another |
4 | jurisdiction or former section 9793 (relating to |
5 | registration of certain offenders for ten years); and |
6 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2) |
7 | (relating to failure to comply with registration of |
8 | sexual offenders requirements). |
9 | (ii) Not less than three years for an individual |
10 | who: |
11 | (A) was subject to section 9795.1(a) or a |
12 | similar provision from another jurisdiction or former |
13 | section 9793; and |
14 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
15 | (iii) Not less than three years for an individual |
16 | who: |
17 | (A) was subject to section 9795.1(b) or a |
18 | similar provision from another jurisdiction; and |
19 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
20 | (iv) Not less than five years for an individual who: |
21 | (A) was subject to section 9795.1(b) or a |
22 | similar provision from another jurisdiction; and |
23 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
24 | (2) Sentencing upon conviction for a second or |
25 | subsequent offense shall be as follows: |
26 | (i) Not less than five years for an individual who: |
27 | (A) was subject to section 9795.1 or a similar |
28 | provision from another jurisdiction or former section |
29 | 9793; and |
30 | (B) violated 18 Pa.C.S. § 4915(a)(1) or (2). |
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1 | (ii) Not less than seven years for an individual |
2 | who: |
3 | (A) was subject to section 9795.1 or a similar |
4 | provision from another jurisdiction or former section |
5 | 9793; and |
6 | (B) violated 18 Pa.C.S. § 4915(a)(3). |
7 | (a.1) Transients and mandatory sentence.--Mandatory |
8 | sentencing shall be as follows for an individual subject to |
9 | registration as a transient under section 9796.1 (relating to |
10 | registration of transients): |
11 | (1) Sentencing upon conviction for a first offense shall |
12 | be not less than two years for an individual who: |
13 | (i) was subject to section 9796.1 or a similar |
14 | provision from another jurisdiction; and |
15 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
16 | (2) Sentencing upon conviction for a second or |
17 | subsequent offense shall be not less than five years for an |
18 | individual who: |
19 | (i) was subject to section 9796.1 or a similar |
20 | provision from another jurisdiction; and |
21 | (ii) violated 18 Pa.C.S. § 4915(a.1). |
22 | * * * |
23 | Section 2. The amendment or addition of 42 Pa.C.S. § |
24 | 9718.3(a) and (a.1) shall apply to individuals convicted after |
25 | the effective date of this section. |
26 | Section 3. This act shall take effect in 60 days. |
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