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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE RESOLUTION |
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| INTRODUCED BY WATSON, McILVAINE SMITH, REICHLEY, BROWN, ADOLPH, MAJOR, BAKER, BARRAR, BEYER, BOYD, CLYMER, CONKLIN, D. COSTA, CREIGHTON, CRUZ, DEASY, DiGIROLAMO, FLECK, GIBBONS, GILLESPIE, GINGRICH, GODSHALL, HARHART, HARPER, HICKERNELL, HORNAMAN, HOUGHTON, KILLION, KORTZ, MAHONEY, MENSCH, MICOZZIE, MOUL, MURPHY, MURT, OBERLANDER, O'NEILL, PALLONE, PASHINSKI, PAYTON, PHILLIPS, PICKETT, PYLE, QUINN, RAPP, READSHAW, ROCK, SCAVELLO, SIPTROTH, SOLOBAY, STERN, J. TAYLOR, VEREB, VULAKOVICH, WATERS AND YOUNGBLOOD, JULY 3, 2009 |
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| REFERRED TO COMMITTEE ON EDUCATION, JULY 3, 2009 |
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| A RESOLUTION |
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1 | Urging school district officials to ascertain the locations |
2 | within their districts where convicted sex offenders live, |
3 | establish safe school bus routes based on this information |
4 | and raise parental awareness of ways to keep their children |
5 | safe as they are transported to and from school. |
6 | WHEREAS, The General Assembly declared its intent on October |
7 | 24, 1995, in the act known as Megan's Law to protect the safety |
8 | and general welfare of the people of this Commonwealth; and |
9 | WHEREAS, As a means of enhancing public protection, Megan's |
10 | Law provides for victim and community notification regarding the |
11 | location of sexually violent predators living in or near their |
12 | neighborhoods; and |
13 | WHEREAS, The legislative findings of Megan's Law declared |
14 | that notice and information about sexually violent predators and |
15 | convicted sex offenders provided to the public will allow a |
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1 | community to develop, prepare and provide education and |
2 | counseling to their children; and |
3 | WHEREAS, The findings asserted that sexually violent |
4 | predators pose a high risk of engaging in further offenses even |
5 | after being released from incarceration or other commitment and |
6 | that protection of the public from this type of offender is a |
7 | paramount governmental interest; and |
8 | WHEREAS, a sexually violent predator is legally defined as a |
9 | convicted sex offender whom the court has determined to be |
10 | likely to engage in further predatory sexually violent offenses |
11 | due to a mental abnormality or personality disorder which |
12 | affects the emotional or volitional capacity of the person in a |
13 | manner that predisposes that person to the commission of |
14 | criminal sexual acts directed at a stranger or person with whom |
15 | a relationship has been established or promoted for the primary |
16 | purpose of victimization; and |
17 | WHEREAS, Seven-year-old Megan Kanka was raped and murdered by |
18 | her neighbor who was an unregistered, twice-convicted pedophile; |
19 | and |
20 | WHEREAS, In response, the Federal Government adopted Megan's |
21 | Law to require the registration of convicted sex offenders as |
22 | well as victim and community notification procedures; and |
23 | WHEREAS, The General Assembly continued to expand |
24 | notification efforts on November 24, 2004, by the enactment of |
25 | Act 152, which made many significant changes to Megan's Law, |
26 | including the requirement that all information on convicted sex |
27 | offenders and sexually violent predators be made available to |
28 | the public through the Internet; and |
29 | WHEREAS, The United States Department of Health and Human |
30 | Services has revealed that one out of four children will be a |
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1 | victim of sexual abuse, that sexual abuse is four times more |
2 | likely to occur than any other form of child abuse by a neighbor |
3 | and that sexual abuse is among the least reported types of child |
4 | abuse; and |
5 | WHEREAS, In fiscal year 2006-2007, the Department of Public |
6 | Welfare reported that the total cost for child abuse |
7 | investigations was $40.9 million and that sexual injuries |
8 | accounted for 61% of child injuries in this Commonwealth; |
9 | therefore be it |
10 | RESOLVED, That the House of Representatives urge the boards |
11 | of directors of all school districts to consider, to the best of |
12 | their abilities, locations where convicted sex offenders or |
13 | sexually violent predators of minors are temporarily or |
14 | permanently residing when establishing student transportation |
15 | routes, schedules, loading zones and designated bus stops; and |
16 | be it further |
17 | RESOLVED, That such information be included in the provided |
18 | planned instruction for school bus drivers serving in the |
19 | district, as required by the Public School Code of 1949; and be |
20 | it further |
21 | RESOLVED, That a convicted sex offender or sexually violent |
22 | predator of minors be recognized as any person who has been |
23 | convicted, pled guilty or nolo contendere or found guilty of any |
24 | felony offense involving a victim who is a minor, relating to |
25 | the offenses of kidnapping, rape, involuntary deviate sexual |
26 | intercourse, aggravated indecent assault, prostitution and |
27 | related offenses, obscene and other sexual materials and |
28 | performances and incest, and enumerated in 18 Pa.C.S. §§ 2901, |
29 | 3121, 3123, 3125, 4302, 5902(b) and 5903(a)(3), (4), (5) and |
30 | (6); and be it further |
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1 | RESOLVED, That the House of Representatives call upon the |
2 | Department of Education's Office for Safe Schools, the |
3 | Department of Public Welfare, the Office of Attorney General's |
4 | Child Predator Unit, all school districts, boards of directors |
5 | and school entities within this Commonwealth to collaborate |
6 | efforts and work with local law enforcement and all other |
7 | interested stakeholders in order to provide parents, guardians |
8 | or other persons having control or charge of a student with the |
9 | necessary information to raise awareness in protecting students |
10 | from convicted sex offenders and sexually violent predators, as |
11 | well as to make information available through their respective |
12 | Internet websites and designated points of contact; and be it |
13 | further |
14 | RESOLVED, That copies of this resolution be transmitted to |
15 | the boards of directors of Pennsylvania's 501 school districts, |
16 | the Secretary of Education, the Secretary of Public Welfare and |
17 | the Attorney General. |
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