| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ORIE, RAFFERTY, SCARNATI, PILEGGI, BROWNE, BOSCOLA, PICCOLA, COSTA, STACK, FONTANA, WASHINGTON, TARTAGLIONE, ALLOWAY, YAW, KASUNIC, BAKER, MUSTO, STOUT, FOLMER, KITCHEN, WONDERLING, ERICKSON, LOGAN, PIPPY, WOZNIAK AND EICHELBERGER, FEBRUARY 20, 2009 |
| |
| |
| REFERRED TO JUDICIARY, FEBRUARY 20, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | registration of certain offenders, for registration |
4 | procedures and applicability, for verification of residence |
5 | and for information made available on the Internet. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 9795.1(a) of Title 42 of the Pennsylvania |
9 | Consolidated Statutes, amended October 9, 2008 (P.L.1352, No. |
10 | 98), is amended and the section is amended by adding a |
11 | subsection to read: |
12 | § 9795.1. Registration. |
13 | (a) [Ten-year] Periods of registration.--The following |
14 | individuals shall be required to register with the Pennsylvania |
15 | State Police for a period [of ten years] as hereafter provided: |
16 | (1) Individuals convicted of any of the following |
17 | offenses: |
18 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
|
1 | victim is a minor, 25 years. |
2 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
3 | motor vehicle or structure), 15 years. |
4 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
5 | assault), 15 years, or where victim is a minor, 25 years. |
6 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
7 | where the offense is graded as a misdemeanor of the first |
8 | degree or higher, 15 years. |
9 | 18 Pa.C.S. § 4302 (relating to incest) where the |
10 | victim is 12 years of age or older but under 18 years of |
11 | age, 15 years. |
12 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
13 | related offenses) where the actor promotes the |
14 | prostitution of a minor, 25 years. |
15 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
16 | obscene and other sexual materials and performances) |
17 | where the victim is a minor, 25 years. |
18 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
19 | children), 25 years. |
20 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
21 | minor), 15 years. |
22 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
23 | children), 25 years. |
24 | (2) Individuals convicted of an attempt, conspiracy or |
25 | solicitation to commit any of the offenses under paragraph |
26 | (1) or subsection (b)(2), 15 years. |
27 | (3) Individuals currently residing in this Commonwealth |
28 | who have been convicted of offenses similar to the crimes |
29 | cited in paragraphs (1) and (2) under the laws of the United |
30 | States or one of its territories or possessions, another |
|
1 | state, the District of Columbia, the Commonwealth of Puerto |
2 | Rico or a foreign nation or under a former law of this |
3 | Commonwealth, 15 years. |
4 | * * * |
5 | (d) Information to be included in registry.--The following |
6 | information shall be included in the registry for each person |
7 | required to register under this section: |
8 | (1) A physical description of the person. |
9 | (2) Social Security number. |
10 | (3) The criminal offense. |
11 | (4) The criminal history of the offender, including |
12 | dates of arrests and convictions and correctional or release |
13 | status. |
14 | (5) A current photograph. |
15 | (6) Fingerprints and palm prints. |
16 | (7) A DNA sample. |
17 | (8) A photocopy of a valid driver's license or ID card. |
18 | (9) The address of each residence at which the person |
19 | does or will reside. |
20 | (10) The name and address of each place where the person |
21 | is employed or will be employed. |
22 | (11) The name and address of any place where the person |
23 | is or will be a student. |
24 | (12) The license plate number and description of any |
25 | vehicle owned or operated by the person. |
26 | (13) The name, telephone number and any aliases of the |
27 | person. |
28 | (14) Any other information required by Federal law. |
29 | Section 2. Sections 9795.2(a)(1) and (3) and (b)(4)(iii) and |
30 | (iv), 9796 and 9798.1 of Title 42 are amended to read: |
|
1 | § 9795.2. Registration procedures and applicability. |
2 | (a) Registration.-- |
3 | (1) Offenders and sexually violent predators shall be |
4 | required to register with the Pennsylvania State Police |
5 | [upon] prior to release from incarceration, [upon] prior to |
6 | release on parole from a State or county correctional |
7 | institution or upon the commencement of a sentence of |
8 | intermediate punishment or probation. For purposes of |
9 | registration, offenders and sexually violent predators shall |
10 | provide the Pennsylvania State Police with [all current or |
11 | intended residences, all information concerning current or |
12 | intended employment and all information concerning current or |
13 | intended enrollment as a student.] all information required |
14 | under section 9795.1(d) (relating to registration). |
15 | * * * |
16 | (3) The [ten-year] registration period required in |
17 | section 9795.1(a) [(relating to registration)] shall be |
18 | tolled when an offender is recommitted for a parole violation |
19 | or sentenced to an additional term of imprisonment. In such |
20 | cases, the Department of Corrections or county correctional |
21 | facility shall notify the Pennsylvania State Police of the |
22 | admission of the offender. |
23 | * * * |
24 | (b) Individuals convicted or sentenced by a court or |
25 | adjudicated delinquent in jurisdictions outside this |
26 | Commonwealth or sentenced by court martial.-- |
27 | (4) An individual who resides, is employed or is a |
28 | student in this Commonwealth and who has been convicted of or |
29 | sentenced by a court or court martialed for a sexually |
30 | violent offense or a similar offense under the laws of the |
|
1 | United States or one of its territories or possessions, |
2 | another state, the District of Columbia, the Commonwealth of |
3 | Puerto Rico or a foreign nation, or who was required to |
4 | register under a sexual offender statute in the jurisdiction |
5 | where convicted, sentenced or court martialed, shall register |
6 | at an approved registration site within 48 hours of the |
7 | individual's arrival in this Commonwealth. The provisions of |
8 | this subchapter shall apply to the individual as follows: |
9 | * * * |
10 | (iii) Except as provided in subparagraphs (i), (ii), |
11 | (iv) and (v), if the individual has been convicted or |
12 | sentenced by a court or court martialed for an offense |
13 | listed in section 9795.1(a) or an equivalent offense, the |
14 | individual shall be, notwithstanding section 9792, |
15 | considered an offender and subject to registration |
16 | pursuant to this subchapter. The individual shall also be |
17 | subject to the provisions of this section and sections |
18 | 9796 and 9798.1(c)(2). The individual shall be subject to |
19 | this subchapter for a period of [ten] 15 years or for a |
20 | period of time equal to the time for which the individual |
21 | was required to register in the other jurisdiction or |
22 | required to register by reason of court martial, |
23 | whichever is greater, less any credit due to the |
24 | individual as a result of prior compliance with |
25 | registration requirements. |
26 | (iv) Except as provided in subparagraph (i) and |
27 | notwithstanding subparagraph (v), if the individual is |
28 | subject to active notification in the other jurisdiction |
29 | or subject to active notification by reason of court |
30 | martial, the individual shall, notwithstanding section |
|
1 | 9792, be considered an offender and subject to this |
2 | section and sections 9796, 9798 and 9798.1(c)(1). If the |
3 | individual was convicted of or sentenced in the other |
4 | jurisdiction or sentenced by court martial for an offense |
5 | listed in section 9795.1(b) or an equivalent offense, the |
6 | individual shall be subject to this subchapter for the |
7 | individual's lifetime. If the individual was convicted of |
8 | or sentenced in the other jurisdiction or sentenced by |
9 | court martial for an offense listed in section 9795.1(a) |
10 | or an equivalent offense, the individual shall be subject |
11 | to this subchapter for a period of [ten] 15 years or for |
12 | a period of time equal to the time for which the |
13 | individual was required to register in the other |
14 | jurisdiction or required to register by reason of court |
15 | martial, whichever is greater, less any credit due to the |
16 | individual as a result of prior compliance with |
17 | registration requirements. Otherwise, the individual |
18 | shall be subject to this subchapter for a period of time |
19 | equal to the time for which the individual was required |
20 | to register in the other jurisdiction or required to |
21 | register by reason of court martial, less any credit due |
22 | to the individual as a result of prior compliance with |
23 | registration requirements. |
24 | * * * |
25 | § 9796. Verification of residence. |
26 | (a) [Quarterly] Monthly verification by sexually violent |
27 | predators.--The Pennsylvania State Police shall verify the |
28 | residence and compliance with counseling as provided for in |
29 | section 9799.4 (relating to counseling of sexually violent |
30 | predators) of sexually violent predators every [90] 30 days |
|
1 | through the use of a nonforwardable verification form to the |
2 | last reported residence. [For the period of registration |
3 | required by section 9795.1 (relating to registration), a |
4 | sexually violent predator shall appear quarterly between January |
5 | 5 and January 15, April 5 and April 15, July 5 and July 15 and |
6 | October 5 and October 15 of each calendar year at an approved |
7 | registration site to complete a verification form and to be |
8 | photographed.] |
9 | (a.1) Facilitation of [quarterly] monthly verification.--The |
10 | Pennsylvania State Police shall facilitate and administer the |
11 | verification process required by subsection (a) by: |
12 | (1) sending a notice by first class United States mail |
13 | to all registered sexually violent predators at their last |
14 | reported residence addresses. This notice shall be sent not |
15 | more than 30 days nor less than 15 days prior to each of the |
16 | [quarterly] monthly verification periods set forth in |
17 | subsection (a) and shall remind sexually violent predators of |
18 | their [quarterly] monthly verification requirement and |
19 | provide them with a list of approved registration sites; and |
20 | (2) providing verification and compliance forms as |
21 | necessary to each approved registration site not less than |
22 | ten days before each of the [quarterly] monthly verification |
23 | periods. |
24 | (a.2) Quarterly appearance and verification by sexually |
25 | violent predators.--Sexually violent predators shall appear in |
26 | person once each quarter between January 5 and January 15, April |
27 | 5 and April 15, July 5 and July 15 and October 5 and October 15 |
28 | of each calendar year at an approved registration site to |
29 | complete a verification form and to be photographed. |
30 | (b) [Annual] Semiannual verification by offenders.--[The |
|
1 | Pennsylvania State Police shall verify the residence of |
2 | offenders.] For the period of registration required by section |
3 | 9795.1 (relating to registration), an offender shall appear |
4 | [within ten days before each annual anniversary] twice each |
5 | calendar year, at six-month intervals from the date of the |
6 | offender's initial registration under section 9795.1 at an |
7 | approved registration site to complete a verification form and |
8 | to be photographed. |
9 | (b.1) Facilitation of [annual] semiannual verification.--The |
10 | Pennsylvania State Police shall facilitate and administer the |
11 | verification process required by subsection (b) by: |
12 | (1) sending a notice by first class United States mail |
13 | to all registered offenders at their last reported residence |
14 | addresses. This notice shall be sent not more than 30 days |
15 | nor less than 15 days prior to each offender's annual |
16 | anniversary date and shall remind the offender of the |
17 | [annual] semiannual verification requirement and provide the |
18 | offender with a list of approved registration sites; and |
19 | (2) providing verification and compliance forms as |
20 | necessary to each approved registration site. |
21 | (b.2) Quarterly verification of residence by offenders.--The |
22 | Pennsylvania State Police shall verify the residence of |
23 | offenders every 90 days through the use of a nonforwardable |
24 | verification form to the last reported residence. |
25 | (c) Notification of law enforcement agencies of change of |
26 | residence.--A change of residence of an offender or sexually |
27 | violent predator required to register under this subchapter |
28 | reported to the Pennsylvania State Police shall be immediately |
29 | reported by the Pennsylvania State Police to the appropriate law |
30 | enforcement agency having jurisdiction of the offender's or the |
|
1 | sexually violent predator's new place of residence. The |
2 | Pennsylvania State Police shall, if the offender or sexually |
3 | violent predator changes residence to another state, notify the |
4 | law enforcement agency with which the offender or sexually |
5 | violent predator must register in the new state. |
6 | (d) Failure to provide verification.--Where an offender or |
7 | sexually violent predator fails to provide verification of |
8 | residence within the ten-day period as set forth in this |
9 | section, the Pennsylvania State Police shall immediately notify |
10 | the municipal police department of the offender's or the |
11 | sexually violent predator's last verified residence. The local |
12 | municipal police shall locate the offender or sexually violent |
13 | predator and arrest him for violating this section. The |
14 | Pennsylvania State Police shall assume responsibility for |
15 | locating the offender or sexually violent predator and arresting |
16 | him in jurisdictions where no municipal police jurisdiction |
17 | exists. The Pennsylvania State Police shall assist any municipal |
18 | police department requesting assistance with locating and |
19 | arresting an offender or sexually violent predator who fails to |
20 | verify his residence. |
21 | (e) Penalty.--An individual subject to registration under |
22 | section 9795.1(a) or (b) who fails to verify his residence or to |
23 | be photographed as required by this section may be subject to |
24 | prosecution under 18 Pa.C.S. § 4915 (relating to failure to |
25 | comply with registration of sexual offenders requirements). |
26 | (f) Effect of notice.--Neither failure on the part of the |
27 | Pennsylvania State Police to send nor failure of a sexually |
28 | violent predator or offender to receive any notice or |
29 | information under subsection (a.1) or (b.1) shall relieve that |
30 | predator or offender from the requirements of this subchapter. |
|
1 | § 9798.1. Information made available on the Internet. |
2 | (a) Legislative findings.--It is hereby declared to be the |
3 | finding of the General Assembly that public safety will be |
4 | enhanced by making information about sexually violent predators, |
5 | lifetime registrants and other sex offenders available to the |
6 | public through the Internet. Knowledge of whether a person is a |
7 | sexually violent predator, lifetime registrant or other sex |
8 | offender could be a significant factor in protecting oneself and |
9 | one's family members, or those in care of a group or community |
10 | organization, from recidivist acts by sexually violent |
11 | predators, lifetime registrants and other sex offenders. The |
12 | technology afforded by the Internet would make this information |
13 | readily accessible to parents and private entities, enabling |
14 | them to undertake appropriate remedial precautions to prevent or |
15 | avoid placing potential victims at risk. Public access to |
16 | information about sexually violent predators, lifetime |
17 | registrants and other sex offenders is intended solely as a |
18 | means of public protection and shall not be construed as |
19 | punitive. |
20 | (b) Internet posting of sexually violent predators, lifetime |
21 | registrants and other offenders.--The Commissioner of the |
22 | Pennsylvania State Police shall, in the manner and form directed |
23 | by the Governor: |
24 | (1) Develop and maintain a system for making the |
25 | information described in subsection (c) publicly available by |
26 | electronic means so that the public may, without limitation, |
27 | obtain access to the information via an Internet website to |
28 | view an individual record or the records of all sexually |
29 | violent predators, lifetime registrants and other offenders |
30 | who are registered with the Pennsylvania State Police. |
|
1 | (2) Ensure that the Internet website contains warnings |
2 | that any person who uses the information contained therein to |
3 | threaten, intimidate or harass another or who otherwise |
4 | misuses that information may be criminally prosecuted. |
5 | (3) Ensure that the Internet website contains an |
6 | explanation of its limitations, including statements advising |
7 | that a positive identification of a sexually violent |
8 | predator, lifetime registrant or other offender whose record |
9 | has been made available may be confirmed only by |
10 | fingerprints; that some information contained on the Internet |
11 | website may be outdated or inaccurate; and that the Internet |
12 | website is not a comprehensive listing of every person who |
13 | has ever committed a sex offense in Pennsylvania. |
14 | (4) Strive to ensure that: |
15 | (i) the information contained on the Internet |
16 | website is accurate; |
17 | (ii) the data therein is revised and updated as |
18 | appropriate in a timely and efficient manner; and |
19 | (iii) instructions are included on how to seek |
20 | correction of information which a person contends is |
21 | erroneous. |
22 | (5) Provide on the Internet website general information |
23 | designed to inform and educate the public about sex offenders |
24 | and sexually violent predators and the operation of this |
25 | subchapter as well as pertinent and appropriate information |
26 | concerning crime prevention and personal safety, with |
27 | appropriate links to other relevant Internet websites |
28 | operated by the Commonwealth of Pennsylvania. |
29 | (6) Identify when the victim is a minor with a special |
30 | designation. The identity of a victim of a sex offense shall |
|
1 | not be published or posted on the Internet website. |
2 | (c) Information [permitted] to be disclosed regarding |
3 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
4 | criminal history record information), the Internet website shall |
5 | contain the following information on each individual: |
6 | (1) For sexually violent predators, the following |
7 | information shall be posted on the Internet website: |
8 | (i) name and all known aliases; |
9 | (ii) year of birth; |
10 | (iii) the street address, municipality, county and |
11 | zip code of all residences, including, where applicable, |
12 | the name of the prison or other place of confinement; |
13 | (iv) the street address, municipality, county, zip |
14 | code and name of any institution or location at which the |
15 | person is enrolled as a student; |
16 | (v) the address, municipality, county and zip code |
17 | of any employment location; |
18 | (vi) a photograph of the offender, which shall be |
19 | updated [not less than annually;] in accordance with |
20 | section 9796(a.2) and (b) (relating to verification of |
21 | residence); |
22 | (vii) a physical description of the offender, |
23 | including sex, height, weight, eye color, hair color and |
24 | race; |
25 | (viii) any identifying marks, including scars, |
26 | birthmarks and tattoos; |
27 | (ix) the license plate number and description of any |
28 | vehicle owned, operated or registered to the offender; |
29 | (x) whether the offender is currently compliant with |
30 | registration requirements; |
|
1 | (xi) whether the victim is a minor; |
2 | (xii) a description of the offense or offenses which |
3 | triggered the application of this subchapter; [and] |
4 | (xiii) the date of the offense and conviction, if |
5 | available[.]; and |
6 | (ix) any other information required by Federal law. |
7 | (2) For all other lifetime registrants and offenders |
8 | subject to registration, the information set forth in |
9 | paragraph (1) shall also be posted on the Internet website in |
10 | accordance with subsection (d). |
11 | (d) Duration of Internet posting.-- |
12 | (1) The information listed in subsection (c) about a |
13 | sexually violent predator shall be made available on the |
14 | Internet for the lifetime of the sexually violent predator. |
15 | (2) The information listed in subsection (c) about an |
16 | offender who is subject to lifetime registration shall be |
17 | made available on the Internet for the lifetime of the |
18 | offender unless the offender is granted relief under section |
19 | 9795.5 (relating to exemption from certain notifications). |
20 | (3) The information listed in subsection (c) about any |
21 | other offender subject to registration shall be made |
22 | available on the Internet for the entire period during which |
23 | the offender is required to register, including any extension |
24 | of this period pursuant to section 9795.2(a)(3) (relating to |
25 | registration procedures and applicability). |
26 | Section 3. This act shall take effect immediately. |
|