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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, ORIE, BRUBAKER, BREWSTER, WARD, FARNESE, TARTAGLIONE, FONTANA, ERICKSON, BOSCOLA AND YUDICHAK, APRIL 8, 2011 |
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| REFERRED TO JUDICIARY, APRIL 8, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, barring the presence of sexual |
3 | offenders in protected areas. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3131. Sexual offenders barred from protected areas. |
9 | (a) General rule.--A sexual offender who intentionally or |
10 | knowingly enters a protected area other than to serve a criminal |
11 | sentence or receive health care commits a felony of the third |
12 | degree. |
13 | (b) Changed circumstances.--If a protected area is newly |
14 | constructed or established in such manner as to incorporate the |
15 | legal residence of a sexual offender, the sexual offender |
16 | violates subsection (a) if the sexual offender fails to leave |
17 | the new protected area within six months of construction or |
18 | establishment of the new protected area. |
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1 | (c) Definitions.--As used in this section, the following |
2 | words and phrases shall have the meanings given to them in this |
3 | subsection: |
4 | "Protected area." Any of the following: |
5 | (1) In a city of the first, second, second A or third |
6 | class or a borough having a population in excess of 3,000 as |
7 | determined by the 2000 decennial census, the area within |
8 | 1,500 feet of an elementary or secondary school, a child-care |
9 | center or a playground. |
10 | (2) In a municipality other than those enumerated in |
11 | paragraph (1), the area within 3,000 feet of an elementary or |
12 | secondary school, a child-care center or a playground. |
13 | "Sexual offender." A person determined to be a sexually |
14 | violent predator pursuant to 42 Pa.C.S. Ch. 97 Subch. H |
15 | (relating to registration of sexual offenders) if a victim of |
16 | any sexual offense committed by the person was under 13 years of |
17 | age. |
18 | Section 2. This act shall take effect in 60 days. |
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