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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DePASQUALE, READSHAW, FREEMAN, DALEY, FABRIZIO, GINGRICH, GROVE, HESS, MICOZZIE, MUNDY, MYERS, PASHINSKI, K. SMITH, VULAKOVICH AND YOUNGBLOOD, MARCH 2, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 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 | registration requirements and limiting and prohibiting |
4 | certain uses of the Internet by registered sex offenders. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 9792 of Title 42 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding definitions to read: |
9 | § 9792. Definitions. |
10 | The following words and phrases when used in this subchapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | * * * |
14 | "Commercial social networking site." Any business, |
15 | organization or other similar entity operating a website that |
16 | permits persons to become registered users for the purpose of |
17 | establishing personal relationships with other users through |
18 | direct or real-time communication with other users or the |
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1 | creation of web pages or profiles available to the public or to |
2 | other users. The term does not include an electronic mail |
3 | program or a message board program. |
4 | * * * |
5 | "Computer scrub software." Any third party added software |
6 | designed to delete information from the computer unit, the hard |
7 | drive or other software, which would eliminate and prevent |
8 | discovery of browser activity, including Internet history, |
9 | address bar, cache and cookies and which would overwrite files |
10 | so as to make previous computer activity, including website |
11 | access, more difficult to discover. |
12 | * * * |
13 | "Internet identifiers." Electronic mail addresses and |
14 | designations used for the purpose of chat, instant messaging, |
15 | social networking or other similar Internet communications. |
16 | "Internet service provider." A person who furnishes a |
17 | service that enables users to access content, information, |
18 | electronic mail or other services offered over the Internet and |
19 | proprietary content, information and other services as part of a |
20 | package of services offered to consumers. |
21 | * * * |
22 | Section 2. Section 9795.2(a) of Title 42 is amended and the |
23 | section is amended by adding a subsection to read: |
24 | § 9795.2. Registration procedures and applicability. |
25 | (a) Registration.-- |
26 | (1) Offenders and sexually violent predators shall be |
27 | required to register with the Pennsylvania State Police upon |
28 | release from incarceration, upon parole from a State or |
29 | county correctional institution or [upon the commencement of |
30 | a sentence of] no later than three days after being sentenced |
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1 | to intermediate punishment or probation. For purposes of |
2 | registration, offenders and sexually violent predators shall |
3 | provide the Pennsylvania State Police with the name of the |
4 | offender, including all aliases used by the offender, the |
5 | Social Security number of the offender, all current or |
6 | intended residences, all information concerning current or |
7 | intended employment [and], all information concerning current |
8 | or intended enrollment as a student, the license plate number |
9 | and description of any vehicle owned or operated by the |
10 | offender and any accounts with Internet service providers and |
11 | Internet identifiers. |
12 | (2) Offenders and sexually violent predators shall |
13 | inform the Pennsylvania State Police within 48 hours of: |
14 | (i) Any change of residence or establishment of an |
15 | additional residence or residences. |
16 | (ii) Any change of employer or employment location |
17 | for a period of time that will exceed 14 days or for an |
18 | aggregate period of time that will exceed 30 days during |
19 | any calendar year, or termination of employment. |
20 | (iii) Any change of institution or location at which |
21 | the person is enrolled as a student, or termination of |
22 | enrollment. |
23 | (iv) Becoming employed or enrolled as a student if |
24 | the person has not previously provided that information |
25 | to the Pennsylvania State Police. |
26 | (v) Any changes of ownership, sale, transfer or |
27 | lease of motor vehicles. |
28 | (vi) Any changes made to license plates. |
29 | (vii) Any changes of accounts with Internet service |
30 | providers. |
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1 | (viii) Any changes to or additional Internet |
2 | identifiers. |
3 | * * * |
4 | (c.1) Registration information provided to Internet service |
5 | providers.-- |
6 | (1) The Pennsylvania State Police shall, upon the |
7 | request of any Internet service provider, release to the |
8 | entity Internet identifiers that would enable the entity to |
9 | prescreen or remove sex offenders from its services or, in |
10 | conformity with the laws of this Commonwealth and the United |
11 | States, advise law enforcement or other governmental entities |
12 | of potential violations of the law. |
13 | (2) Before releasing any information the Pennsylvania |
14 | State Police shall require the Internet service provider that |
15 | requests the information from the registry to submit the |
16 | name, address and telephone number of the requesting entity, |
17 | the specific legal nature and status of the entity and any |
18 | additional information deemed necessary by the Pennsylvania |
19 | State Police. |
20 | (3) Except for the purposes specified under this |
21 | section, an Internet service provider shall not publish or in |
22 | any way disclose or redisclose any information provided by |
23 | the Pennsylvania State Police. |
24 | (4) The Pennsylvania State Police shall promulgate rules |
25 | and regulations relating to procedures for the release of |
26 | information, including the disclosure and redisclosure of the |
27 | information. |
28 | * * * |
29 | Section 3. Title 42 is amended by adding sections to read: |
30 | § 9795.6 Limited Internet access. |
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1 | (a) General.--A person subject to the registration |
2 | requirements of this subchapter who has committed any offense |
3 | under section 9795.1 (relating to registration) or has used the |
4 | Internet to facilitate commission of any offense under section |
5 | 9795.1 shall be prohibited from using the Internet for purposes |
6 | under subsection (b). |
7 | (b) Prohibition of Internet usage as a condition of parole |
8 | or probation.--As a condition of parole or probation, the courts |
9 | may impose a prohibition on any use of Internet by any person |
10 | subject to the registration requirements of this subchapter who |
11 | has used the Internet to facilitate commission of any offense |
12 | under section 9795.1. |
13 | (c) Limited uses of the Internet.--A person subject to the |
14 | registration requirements under section 9795.1 is prohibited |
15 | from using the Internet for the following purposes: |
16 | (1) To access pornographic material including material |
17 | described under 18 Pa.C.S. § 6312(d) (relating to sexual |
18 | abuse of children). |
19 | (2) To access a commercial social networking website. |
20 | (3) To communicate with other individuals or groups for |
21 | the purpose of promoting sexual relations with persons under |
22 | 18 years of age when the offender has committed any of the |
23 | following offenses: |
24 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
25 | victim is a minor. |
26 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
27 | motor vehicle or structure). |
28 | 18 Pa.C.S. § 4302 (relating to incest) where the |
29 | victim is 12 years of age or older but under 18 years of |
30 | age. |
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1 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
2 | related offenses) where the actor promotes the |
3 | prostitution of a minor. |
4 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
5 | obscene and other sexual materials and performances) |
6 | where the victim is a minor. |
7 | 18 Pa.C.S. § 6312. |
8 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
9 | minor). |
10 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
11 | children). |
12 | (4) To communicate with a person under 18 years of age |
13 | when the offender has committed any of the following |
14 | offenses: |
15 | 18 Pa.C.S. § 2901 where the victim is a minor. |
16 | 18 Pa.C.S. § 2910. |
17 | 18 Pa.C.S. § 4302 where the victim is 12 years of age |
18 | or older but under 18 years of age. |
19 | 18 Pa.C.S. § 5902(b) where the actor promotes the |
20 | prostitution of a minor. |
21 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) where the |
22 | victim is a minor. |
23 | 18 Pa.C.S. § 6312. |
24 | 18 Pa.C.S. § 6318. |
25 | 18 Pa.C.S. § 6320. |
26 | § 9795.7 Prohibited use of computer scrub software. |
27 | (a) General.--A person subject to the registration |
28 | requirements of this subchapter who has committed any offense |
29 | under section 9795.1 (relating to registration) or has used a |
30 | computer to facilitate commission of any offense under section |
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1 | 9795.1 shall be prohibited from using the computer scrub |
2 | software. |
3 | (b) Prohibition of computer scrub software usage as a |
4 | condition of parole or probation.--As a condition of parole or |
5 | probation, the courts may impose a prohibition on any use of |
6 | computer scrub software by any person subject to the |
7 | registration requirements of this subchapter who has used a |
8 | computer to facilitate commission of any offense under section |
9 | 9795.1. |
10 | Section 4. This act shall take effect in 90 days. |
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