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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SANTARSIERO, R. TAYLOR, GALLOWAY, BAKER, BELFANTI, BOBACK, BOYLE, BRENNAN, CLYMER, CONKLIN, D. COSTA, DALLY, DONATUCCI, FREEMAN, GEIST, GERBER, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARRIS, HESS, HORNAMAN, KORTZ, KOTIK, LONGIETTI, MANN, MELIO, MILNE, MURPHY, PALLONE, PASHINSKI, PETRI, RAPP, READSHAW, SIPTROTH, SOLOBAY, SONNEY, STURLA, SWANGER, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, MARCH 18, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in registration of sexual |
3 | offenders, adding definitions; further providing for |
4 | registration procedures and applicability; providing for |
5 | limited Internet access for certain sex offenders; and |
6 | further providing for duties of Pennsylvania State Police. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 9792 of Title 42 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding definitions to read: |
11 | § 9792. Definitions. |
12 | The following words and phrases when used in this subchapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | "Authorized Internet entity." A business, organization or |
17 | other entity providing or offering a service over the Internet |
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1 | which permits persons under 18 years of age to access, meet, |
2 | congregate or communicate with other users for the purpose of |
3 | social networking. The term does not include general electronic |
4 | mail services. |
5 | * * * |
6 | "Internet access provider." A business, organization or |
7 | other entity engaged in the business of providing a computer and |
8 | communications facility through which a customer may obtain |
9 | access to the Internet, but does not include a business, |
10 | organization or other entity to the extent that it provides only |
11 | telecommunications services. |
12 | "Internet identifiers." Electronic mail addresses and |
13 | designations used for the purposes of chat, instant messaging, |
14 | social networking or other similar Internet communication. |
15 | * * * |
16 | Section 2. Section 9795.2(a)(1) and (2) of Title 42 are |
17 | amended to read: |
18 | § 9795.2. Registration procedures and applicability. |
19 | (a) Registration.-- |
20 | (1) Offenders and sexually violent predators shall be |
21 | required to register with the Pennsylvania State Police upon |
22 | release from incarceration, upon parole from a State or |
23 | county correctional institution or upon the commencement of a |
24 | sentence of intermediate punishment or probation. For |
25 | purposes of registration, offenders and sexually violent |
26 | predators shall provide the Pennsylvania State Police with |
27 | all current or intended residences, all information |
28 | concerning current or intended employment [and], all |
29 | information concerning current or intended enrollment as a |
30 | student, all of their Internet accounts with Internet access |
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1 | providers and all current or intended Internet identifiers. |
2 | (2) Offenders and sexually violent predators shall |
3 | inform the Pennsylvania State Police within 48 hours of: |
4 | (i) Any change of residence or establishment of an |
5 | additional residence or residences. |
6 | (ii) Any change of employer or employment location |
7 | for a period of time that will exceed 14 days or for an |
8 | aggregate period of time that will exceed 30 days during |
9 | any calendar year, or termination of employment. |
10 | (iii) Any change of institution or location at which |
11 | the person is enrolled as a student, or termination of |
12 | enrollment. |
13 | (iv) Becoming employed or enrolled as a student if |
14 | the person has not previously provided that information |
15 | to the Pennsylvania State Police. |
16 | (v) Any change of Internet account with an Internet |
17 | access provider of the person or any change of an |
18 | Internet identifier of the person. |
19 | * * * |
20 | Section 3. Title 42 is amended by adding a section to read: |
21 | § 9795.6. Limited Internet access. |
22 | (a) General rule.--A person subject to the registration |
23 | requirements of this subchapter who is found to have utilized |
24 | the Internet to facilitate commission of any offense referred to |
25 | in section 9795.1 (relating to registration) shall be prohibited |
26 | from using the Internet, except as set forth in this section. |
27 | (b) Exception.--A person subject to limited Internet access |
28 | under subsection (a) may be authorized, by a parole or probation |
29 | officer or by order of court, to access the Internet for the |
30 | purpose of engaging in or seeking employment or for other |
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1 | employment-related purposes. |
2 | (c) Periodic inspection.--A person subject to limited |
3 | Internet access under subsection (a) shall be required to submit |
4 | to periodic, unannounced inspection and examination of all |
5 | computers and computer-related equipment owned or possessed by |
6 | the person, as directed by a parole or probation officer or by |
7 | order of court. |
8 | (d) Key logging.--A person subject to limited Internet |
9 | access under subsection (a) may be required to install, at the |
10 | person's expense, one or more key logging programs or such other |
11 | hardware or software designed to monitor computer usage as the |
12 | parole or probation officer or the court shall direct. |
13 | Section 4. Section 9799.1 of Title 42 is amended by adding |
14 | paragraphs to read: |
15 | § 9799.1. Duties of Pennsylvania State Police. |
16 | The Pennsylvania State Police shall: |
17 | * * * |
18 | (7) Create and maintain a State registry of Internet |
19 | identifiers of offenders. |
20 | (8) Work with any authorized Internet entity and release |
21 | to the Internet entity Internet identifiers that would enable |
22 | the Internet entity to prescreen or remove offenders from its |
23 | services or, in conformity with Federal and Commonwealth law, |
24 | advise law enforcement and other governmental entities of |
25 | potential violations of law and threats to public safety. |
26 | Before releasing any information, the Pennsylvania State |
27 | Police shall require an authorized Internet entity that |
28 | requests information from the registry to submit to the |
29 | Pennsylvania State Police the name, address and telephone |
30 | number of the Internet entity and the specific legal nature |
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1 | and corporate status of the Internet entity. Except for the |
2 | purposes specified in this section, an authorized Internet |
3 | entity shall not publish or in any way disclose any |
4 | information provided to it by the Pennsylvania State Police |
5 | under this subchapter. The Pennsylvania State Police may |
6 | charge an authorized Internet entity a fee for access to |
7 | registered Internet identifiers requested by the Internet |
8 | entity under this subchapter. The fees shall be paid annually |
9 | or upon a requested update. Proceeds from the fees shall be |
10 | used to create and maintain the registry of Internet |
11 | identifiers of offenders. The Pennsylvania State Police shall |
12 | promulgate rules and regulations relating to procedures for |
13 | the release of information in the registry, including, but |
14 | not limited to, the disclosure of information and the |
15 | imposition of any fees. |
16 | (9) The Pennsylvania State Police may provide a seal of |
17 | approval to those authorized Internet entities that choose to |
18 | work with the Pennsylvania State Police and monitor the |
19 | Internet identifiers of all persons subject to registration |
20 | under this subchapter. |
21 | Section 5. The amendment or addition of 42 Pa.C.S. §§ 9792, |
22 | 9795.2, 9795.6 and 9799.1 shall apply to all offenders whether |
23 | convicted before or after the effective date of this section. |
24 | Section 6. This act shall take effect in 60 days. |
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