PRINTER'S NO. 36
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
47
Session of
2023
INTRODUCED BY MERCURI, VENKAT, COOK, MIHALEK, ORTITAY AND
STRUZZI, MARCH 7, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in falsification and intimidation, further
providing for failure to comply with 42 Pa.C.S. Ch. 97 Subch.
I registration requirements; and, in sentencing, further
providing for registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4915.2(c) of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph and the
section is amended by adding a subsection to read:
§ 4915.2. Failure to comply with 42 Pa.C.S. Ch. 97 Subch. I
registration requirements.
* * *
(a.2) Additional offense defined.--An individual who is
subject to registration under 42 Pa.C.S. § 9799.55(b)(3) commits
an offense if the individual knowingly violates 42 Pa.C.S. §
9799.55(e).
* * *
(c) Grading for sexually violent predators and others with
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
lifetime registration.--
* * *
(5) A n individual subject to registration under 42
Pa.C.S. § 9799.55(b)(3) who violates subsection (a.2) commits
a felony of the second degree.
* * *
Section 2. Section 9799.55 of Title 42 is amended by adding
subsections to read:
§ 9799.55. Registration.
* * *
(e) Residency.--A sexually violent predator may not reside
within 2,500 feet of a public school, private school, parochial
school or day-care center for the duration of the required
period of registration under subsection (b). The following
apply:
(1) A sexually violent predator who resides within 2,500
feet of a public school, private school, parochial school or
day-care center on the effective date of this paragraph
shall, within six months after the effective date of this
paragraph or upon the expiration of the lease, rental
agreement or similar contractual obligation regarding the
residence, whichever is later, relocate to another residence
that is situated at least 2,500 feet from a public school,
private school, parochial school or day-care center.
(2) If, on or after the effective date of this
paragraph, a public school, private school, parochial school
or day-care center opens at a location that is within 2,500
feet of the residence of a sexually violent predator, the
sexually violent predator shall, within six months after the
opening of the public school, private school, parochial
20230HB0047PN0036 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
school or day-care center or upon the expiration of the
lease, rental agreement or similar contractual obligation
regarding the residence, whichever is later, relocate to
another residence that is situated at least 2,500 feet from a
public school, private school, parochial school or day-care
center.
(3) Nothing in this subsection shall be construed to
override or abrogate any law enforcement notification
requirements under this chapter.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Day-care center." Premises operated for profit in which
child care is provided simultaneously for five or more children
who are not relatives of the operator of the premises.
"Public school." As defined in 24 Pa.C.S. § 8102 (relating
to definitions).
Section 3. This act shall take effect immediately.
20230HB0047PN0036 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18