| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY PAYNE, BAKER, BARRAR, BELFANTI, BEYER, CREIGHTON, DeLUCA, GIBBONS, GINGRICH, GOODMAN, HARRIS, HESS, HICKERNELL, W. KELLER, KILLION, KIRKLAND, MAJOR, MELIO, MICCARELLI, MILLARD, MOUL, PHILLIPS, PYLE, RAPP, READSHAW, SCAVELLO, SIPTROTH, K. SMITH, SOLOBAY, STERN, TRUE AND VULAKOVICH, FEBRUARY 11, 2009 |
| |
| |
| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 11, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, further providing for rape and for involuntary |
4 | deviate sexual intercourse; providing for loss of property |
5 | rights by certain offenders and for conduct relating to sex |
6 | offenders; further providing for failure to comply with |
7 | sexual offender registration requirements; defining "GPS" and |
8 | "GPS tracking device"; further providing for registration and |
9 | for registration procedures and applicability; providing for |
10 | GPS tracking, for restricted travel, for alert system and for |
11 | child protective zones; and further providing for offenses |
12 | against infant persons, for information made available on the |
13 | Internet and for global positioning system technology. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Sections 3121(e) and 3123(d) of Title 18 of the |
17 | Pennsylvania Consolidated Statutes are amended and the sections |
18 | are amended by adding subsections to read: |
19 | § 3121. Rape. |
20 | * * * |
21 | (e) Sentences.--Notwithstanding the provisions of section |
|
1 | 1103 (relating to sentence of imprisonment for felony), except |
2 | as set forth in subsection (f), a person convicted of an offense |
3 | under: |
4 | (1) Subsection (c) shall be sentenced to a term of |
5 | imprisonment which shall be fixed by the court at not less |
6 | than 25 years nor more than [40] 75 years. |
7 | (2) Subsection (d) shall be sentenced [up] to a minimum |
8 | term of 50 years and a maximum term of life imprisonment with |
9 | no possibility of parole. |
10 | (f) Multiple victims.--A consecutive term of imprisonment |
11 | shall be imposed for each victim of an offense under subsection |
12 | (c) or (d). |
13 | § 3123. Involuntary deviate sexual intercourse. |
14 | * * * |
15 | (d) Sentences.--Notwithstanding the provisions of section |
16 | 1103 (relating to sentence of imprisonment for felony), except |
17 | as set forth in subsection (d.1), a person convicted of an |
18 | offense under: |
19 | (1) Subsection (b) shall be sentenced to a term of |
20 | imprisonment which shall be fixed by the court at not less |
21 | than 25 years nor more than [40] 75 years. |
22 | (2) Subsection (c) shall be sentenced [up] to a minimum |
23 | term of 50 years and to a maximum term of life imprisonment |
24 | with no possibility of parole. |
25 | (d.1) Multiple victims.--A consecutive term of imprisonment |
26 | shall be imposed for each victim of an offense under subsection |
27 | (b) or (c). |
28 | Section 2. Section 4915(b) of Title 18 is amended to read: |
29 | § 4915. Failure to comply with registration of sexual offenders |
30 | requirements. |
|
1 | * * * |
2 | (b) Grading for offenders who must register for ten years.-- |
3 | (2) Except as set forth in paragraph (3), an individual |
4 | subject to registration under 42 Pa.C.S. § 9795.1(a) who |
5 | commits a violation of subsection (a)(1) [or (2)], (2) or (3) |
6 | commits a felony of the [third] second degree. |
7 | (3) An individual subject to registration under 42 |
8 | Pa.C.S. § 9795.1(a) who commits a violation of subsection (a) |
9 | (1) [or (2)], (2) or (3) and who has previously been |
10 | convicted of an offense under subsection (a)(1) or (2) or a |
11 | similar offense commits a felony of the [second] first |
12 | degree. |
13 | [(4) An individual subject to registration under 42 |
14 | Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a |
15 | felony of the second degree.] |
16 | * * * |
17 | Section 3. Section 9718 heading and (a) of Title 42 are |
18 | amended to read: |
19 | § 9718. Sentences for offenses against [infant persons] |
20 | children. |
21 | (a) Mandatory sentence.-- |
22 | (1) A person convicted of the following offenses when |
23 | the victim is under 16 years of age shall be sentenced to a |
24 | mandatory term of imprisonment as follows: |
25 | 18 Pa.C.S. § 2702(a)(1) and (4) (relating to |
26 | aggravated assault) - not less than [two years.] ten |
27 | years for a first offense, 20 years for a second offense |
28 | or 40 years for a third offense. |
29 | 18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) |
30 | (relating to rape) - not less than ten years for a first |
|
1 | offense, 20 years for a second offense or 40 years for a |
2 | third offense. |
3 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
4 | sexual intercourse) - not less than ten years for a first |
5 | offense, 20 years for a second offense or 40 years for a |
6 | third offense. |
7 | 18 Pa.C.S. § 3125(a)(1) through (6) (relating to |
8 | aggravated indecent assault) - not less than [five years] |
9 | ten years for a first offense, 20 years for a second |
10 | offense or 40 years for a third offense. |
11 | (2) A person convicted of the following offenses when |
12 | the victim is less than 13 years of age shall be sentenced to |
13 | a mandatory term of imprisonment as follows: |
14 | 18 Pa.C.S. § 2702(a)(1) - not less than [five years] |
15 | ten years for a first offense, 20 years for a second |
16 | offense or 40 years for a third offense. |
17 | (3) A person convicted of the following offenses shall |
18 | be sentenced to a mandatory term of imprisonment as follows: |
19 | 18 Pa.C.S. § 3121(c) and (d) - not less than ten |
20 | years for a first offense, 20 years for a second offense |
21 | or 40 years for a third offense. |
22 | 18 Pa.C.S. § 3125(a)(7) - not less than [five years] |
23 | ten years for a first offense, 20 years for a second |
24 | offense or 40 years for a third offense. |
25 | 18 Pa.C.S. § 3125(b) - not less than ten years[.] for |
26 | a first offense, 20 years for a second offense or 40 |
27 | years for a third offense. |
28 | (4) An offender designated as a "sexually violent |
29 | predator" as defined in section 9792 (relating to |
30 | definitions) who commits any of the offenses in paragraph (1) |
|
1 | or (2) shall be sentenced to a mandatory term of imprisonment |
2 | as follows: 25 years for a first offense, 50 years for a |
3 | second offense or 75 years for a third offense. |
4 | * * * |
5 | Section 4. Section 9792 of Title 42 is amended by adding |
6 | definitions to read: |
7 | § 9792. Definitions. |
8 | The following words and phrases when used in this subchapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | * * * |
12 | "GPS." A global positioning system operated by the United |
13 | States Department of Defense which provides specially coded |
14 | satellite signals that can be processed by a receiver to compute |
15 | location. |
16 | "GPS tracking device." A device which enables the location |
17 | of the offender to be monitored through use of GPS and related |
18 | technology and which is designed so that it: |
19 | (1) actively and continuously monitors, identifies and |
20 | reports location data within a 100-mile radius; |
21 | (2) permits the Pennsylvania State Police and any local |
22 | police department to receive location data, record it |
23 | securely and confidentially and retain it indefinitely; |
24 | (3) can be worn around the wrist or ankle; and |
25 | (4) cannot be removed without: |
26 | (i) employing specialized equipment specifically |
27 | designed for that purpose; and |
28 | (ii) alerting the Pennsylvania State Police and each |
29 | local police department that it has been removed. |
30 | * * * |
|
1 | Section 5. Section 9795.2 heading, (a) and (d) of Title 42 |
2 | are amended and the section is amended by adding subsections to |
3 | read: |
4 | § 9795.2. Registration procedures [and], applicability, |
5 | probationary supervision, alert system and child |
6 | protection zone. |
7 | (a) Registration.-- |
8 | (1) Offenders and sexually violent predators shall be |
9 | required to register with the Pennsylvania State Police upon |
10 | release from incarceration, upon parole from a State or |
11 | county correctional institution or upon the commencement of a |
12 | sentence of intermediate punishment or probation. For |
13 | purposes of registration, offenders and sexually violent |
14 | predators shall provide the Pennsylvania State Police with |
15 | all current or intended residences[,]. If the offender or |
16 | sexually violent predator's place of residence is a motor |
17 | vehicle, trailer, mobile home or manufactured home, the |
18 | offender or sexually violent predator shall also provide the |
19 | vehicle identification number, the license tag number, the |
20 | registration number and a description, including color |
21 | scheme, of the motor vehicle, trailer, mobile home or |
22 | manufactured home. If the offender or sexually violent |
23 | predator's place of residence is a vessel, live-aboard vessel |
24 | or houseboat, the offender or sexually violent predator shall |
25 | also provide the hull identification number, the |
26 | manufacturer's serial number, the name of the vessel, live- |
27 | aboard vessel or houseboat, the registration number and a |
28 | description, including color scheme, of the vessel, live- |
29 | aboard vessel or houseboat. The registration process also |
30 | requires offenders and sexually violent predators to disclose |
|
1 | all information concerning current or intended employment and |
2 | all information concerning current or intended enrollment as |
3 | a student. |
4 | (2) Offenders and sexually violent predators shall |
5 | inform the Pennsylvania State Police within 48 hours of: |
6 | (i) Any change of residence or establishment of an |
7 | additional residence or residences. |
8 | (ii) Any change of employer or employment location |
9 | for a period of time that will exceed 14 days or for an |
10 | aggregate period of time that will exceed 30 days during |
11 | any calendar year, or termination of employment. |
12 | (iii) Any change of institution or location at which |
13 | the person is enrolled as a student, or termination of |
14 | enrollment. |
15 | (iv) Becoming employed or enrolled as a student if |
16 | the person has not previously provided that information |
17 | to the Pennsylvania State Police. |
18 | (2.1) Registration with a new law enforcement agency |
19 | shall occur no later than 48 hours after establishing |
20 | residence in another state. |
21 | (2.2) Persons required to comply with registration |
22 | provisions pursuant to a conviction for a sexual offense |
23 | under the laws of the United States or one of its territories |
24 | or possessions, another state, the District of Columbia, the |
25 | Commonwealth of Puerto Rico or a foreign nation shall |
26 | register with the Pennsylvania State Police no later than 48 |
27 | hours after establishing residence in this Commonwealth. |
28 | (3) The ten-year registration period required in section |
29 | 9795.1(a) (relating to registration) shall be tolled when an |
30 | offender is recommitted for a parole violation or sentenced |
|
1 | to an additional term of imprisonment. In such cases, the |
2 | Department of Corrections or county correctional facility |
3 | shall notify the Pennsylvania State Police of the admission |
4 | of the offender. |
5 | (4) This paragraph shall apply to all offenders and |
6 | sexually violent predators: |
7 | (i) Where the offender or sexually violent predator |
8 | was granted parole by the Pennsylvania Board of Probation |
9 | and Parole or the court or is sentenced to probation or |
10 | intermediate punishment, the board or county office of |
11 | probation and parole shall collect registration |
12 | information from the offender or sexually violent |
13 | predator and forward that registration information to the |
14 | Pennsylvania State Police. The Department of Corrections |
15 | or county correctional facility shall not release the |
16 | offender or sexually violent predator until it receives |
17 | verification from the Pennsylvania State Police that it |
18 | has received the registration information. Verification |
19 | by the Pennsylvania State Police may occur by electronic |
20 | means, including e-mail or facsimile transmission. Where |
21 | the offender or sexually violent predator is scheduled to |
22 | be released from a State correctional facility or county |
23 | correctional facility because of the expiration of the |
24 | maximum term of incarceration, the Department of |
25 | Corrections or county correctional facility shall collect |
26 | the information from the offender or sexually violent |
27 | predator no later than ten days prior to the maximum |
28 | expiration date. The registration information shall be |
29 | forwarded to the Pennsylvania State Police. |
30 | (ii) Where the offender or sexually violent predator |
|
1 | scheduled to be released from a State correctional |
2 | facility or county correctional facility due to the |
3 | maximum expiration date refuses to provide the |
4 | registration information, the Department of Corrections |
5 | or county correctional facility shall notify the |
6 | Pennsylvania State Police or police department with |
7 | jurisdiction over the facility of the failure to provide |
8 | registration information and of the expected date, time |
9 | and location of the release of the offender or sexually |
10 | violent predator. |
11 | * * * |
12 | (c.1) GPS tracking device.-- |
13 | (1) Upon classification as a sexually violent predator, |
14 | the sexually violent predator shall be fitted with a GPS |
15 | tracking device and subject to GPS monitoring. |
16 | (2) An individual subject to registration under section |
17 | 9795.1(a) or (b) and who fails to register with the |
18 | Pennsylvania State Police in violation of 18 Pa.C.S. § 4915 |
19 | (relating to failure to comply with registration of sexual |
20 | offenders requirements) shall be fitted with a GPS tracking |
21 | device and subject to GPS monitoring. |
22 | (3) Any individual fitted with a GPS tracking device |
23 | pursuant to this section shall be supervised by the |
24 | appropriate probation or parole authority or the Pennsylvania |
25 | State Police. |
26 | (4) The Pennsylvania State Police shall combine data |
27 | collected by use of GPS tracking devices and retain the data |
28 | in a single database which can be searched by date, time and |
29 | location. Information in the database is confidential and |
30 | shall be accessed only by authorized law enforcement |
|
1 | personnel in connection with official investigation of cases |
2 | in which the status of an individual fitted with a GPS |
3 | tracking device may be relevant to the investigation. |
4 | (d) Penalty.-- |
5 | (1) An individual subject to registration under section |
6 | 9795.1(a) or (b) who fails to register with the Pennsylvania |
7 | State Police as required by this section may be subject to |
8 | prosecution under 18 Pa.C.S. § 4915 [(relating to failure to |
9 | comply with registration of sexual offenders requirements)]. |
10 | (2) An individual who is required to wear a GPS tracking |
11 | device under subsection (c.1) and who, without a court order, |
12 | removes, alters, tampers with, interferes with the operation |
13 | of, damages or destroys a GPS tracking device commits a |
14 | felony of the third degree. |
15 | (3) An individual who fails to immediately notify the |
16 | nearest police department that a sexually violent predator's |
17 | GPS tracking device has been removed commits a felony of the |
18 | third degree. |
19 | * * * |
20 | (f) Travel restricted.--No person subject to section 9795.1 |
21 | who is on parole, commencing a sentence of intermediate |
22 | punishment or subject to probationary supervision shall be |
23 | permitted to travel out of the person's county of residence |
24 | without specific permission of the court of record. |
25 | (g) Alert system.--The Pennsylvania State Police shall |
26 | establish and maintain an alert system which provides prompt |
27 | notification to the general public and law enforcement |
28 | authorities and assists in identifying and locating persons |
29 | subject to GPS tracking who fail to register as required by this |
30 | chapter or who violate subsection (d)(2) or (h). The |
|
1 | Pennsylvania State Police shall establish such protocols and |
2 | procedures as are necessary for the effective operation of the |
3 | alert system and shall educate and inform local law enforcement |
4 | agencies and the public with regard to its availability. Owners, |
5 | licensees, operators and employees of any communication medium, |
6 | including telephone, radio, television, newspaper, digital |
7 | communications network or global communications network shall be |
8 | immune from civil liability for good faith conduct while |
9 | participating in accordance with this subsection. |
10 | (h) Child protective zone.--A person subject to the |
11 | registration requirements of section 9795.1 who intentionally or |
12 | knowingly enters into an area within 2,000 feet of a school, |
13 | playground, park or day-care center commits a felony of the |
14 | third degree. |
15 | Section 6. Sections 9798.1 and 9798.3 of Title 42 are |
16 | amended to read: |
17 | § 9798.1. Information made available on the Internet. |
18 | (a) Legislative findings.--It is hereby declared to be the |
19 | finding of the General Assembly that public safety will be |
20 | enhanced by making information about sexually violent predators, |
21 | lifetime registrants and other sex offenders available to the |
22 | public through the Internet. Knowledge of whether a person is a |
23 | sexually violent predator, lifetime registrant or other sex |
24 | offender could be a significant factor in protecting oneself and |
25 | one's family members, or those in care of a group or community |
26 | organization, from recidivist acts by sexually violent |
27 | predators, lifetime registrants and other sex offenders. The |
28 | technology afforded by the Internet would make this information |
29 | readily accessible to parents and private entities, enabling |
30 | them to undertake appropriate remedial precautions to prevent or |
|
1 | avoid placing potential victims at risk. Public access to |
2 | information about sexually violent predators, lifetime |
3 | registrants and other sex offenders is intended solely as a |
4 | means of public protection and shall not be construed as |
5 | punitive. |
6 | (b) Internet posting of sexually violent predators, lifetime |
7 | registrants and other offenders.--The Commissioner of the |
8 | Pennsylvania State Police shall, in the manner and form directed |
9 | by the Governor: |
10 | (1) Develop and maintain a system for making the |
11 | information described in subsection (c) publicly available by |
12 | electronic means so that the public may, without limitation, |
13 | obtain access to the information via an Internet website to |
14 | view an individual record or the records of all sexually |
15 | violent predators, lifetime registrants and other offenders |
16 | who are registered with the Pennsylvania State Police. |
17 | (2) Ensure that the Internet website contains warnings |
18 | that any person who uses the information contained therein to |
19 | threaten, intimidate or harass another or who otherwise |
20 | misuses that information may be criminally prosecuted. |
21 | (3) Ensure that the Internet website contains an |
22 | explanation of its limitations, including statements advising |
23 | that a positive identification of a sexually violent |
24 | predator, lifetime registrant or other offender whose record |
25 | has been made available may be confirmed only by |
26 | fingerprints; that some information contained on the Internet |
27 | website may be outdated or inaccurate; and that the Internet |
28 | website is not a comprehensive listing of every person who |
29 | has ever committed a sex offense in Pennsylvania. |
30 | (4) Strive to ensure that: |
|
1 | (i) the information contained on the Internet |
2 | website is accurate; |
3 | (ii) the data therein is revised and updated as |
4 | appropriate in a timely and efficient manner; and |
5 | (iii) instructions are included on how to seek |
6 | correction of information which a person contends is |
7 | erroneous. |
8 | (5) Provide on the Internet website general information |
9 | designed to inform and educate the public about sex offenders |
10 | and sexually violent predators and the operation of this |
11 | subchapter as well as pertinent and appropriate information |
12 | concerning crime prevention and personal safety, with |
13 | appropriate links to other relevant Internet websites |
14 | operated by the Commonwealth of Pennsylvania. |
15 | (6) Identify when the victim is a minor with a special |
16 | designation. The identity of a victim of a sex offense shall |
17 | not be published or posted on the Internet website. |
18 | (7) Provide current or prospective Commonwealth |
19 | residents the ability to search the database of an Internet |
20 | website by inputting a home address. This type of Internet |
21 | search shall enable current or prospective residents to input |
22 | an address and discover if persons required to register under |
23 | section 9795.1 (relating to registration) live within five |
24 | miles of their residence. This function shall allow current |
25 | or prospective Commonwealth residents the ability to view the |
26 | location of the residence of those required to register under |
27 | section 9795.1 in relation to their own by electronic map. |
28 | (c) Information permitted to be disclosed regarding |
29 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
30 | criminal history record information), the Internet website shall |
|
1 | contain the following information on each individual: |
2 | (1) For sexually violent predators, the following |
3 | information shall be posted on the Internet website: |
4 | (i) name and all known aliases; |
5 | (ii) year of birth; |
6 | (iii) the street address, municipality, county and |
7 | zip code of all residences, including, where applicable, |
8 | the name of the prison or other place of confinement; |
9 | (iv) the street address, municipality, county, zip |
10 | code and name of any institution or location at which the |
11 | person is enrolled as a student; |
12 | (v) the municipality, county and zip code of any |
13 | employment location; |
14 | (vi) a photograph of the offender, which shall be |
15 | updated not less than annually; |
16 | (vii) a physical description of the offender, |
17 | including sex, height, weight, eye color, hair color and |
18 | race; |
19 | (viii) any identifying marks, including scars, |
20 | birthmarks and tattoos; |
21 | (ix) the license plate number and description of any |
22 | vehicle owned or registered to the offender; |
23 | (x) whether the offender is currently compliant with |
24 | registration requirements; |
25 | (xi) whether the victim is a minor; |
26 | (xii) a description of the offense or offenses which |
27 | triggered the application of this subchapter; and |
28 | (xiii) the date of the offense and conviction, if |
29 | available. |
30 | (2) For all other lifetime registrants and offenders |
|
1 | subject to registration, the information set forth in |
2 | paragraph (1) shall be posted on the Internet website. |
3 | (d) Duration of Internet posting.-- |
4 | (1) The information listed in subsection (c) about a |
5 | sexually violent predator shall be made available on the |
6 | Internet for the lifetime of the sexually violent predator. |
7 | (2) The information listed in subsection (c) about an |
8 | offender who is subject to lifetime registration shall be |
9 | made available on the Internet for the lifetime of the |
10 | offender unless the offender is granted relief under section |
11 | 9795.5 (relating to exemption from certain notifications). |
12 | (3) The information listed in subsection (c) about any |
13 | other offender subject to registration shall be made |
14 | available on the Internet for the entire period during which |
15 | the offender is required to register, including any extension |
16 | of this period pursuant to 9795.2(a)(3) (relating to |
17 | registration procedures and applicability). |
18 | (e) Use of information to commit offense.--Use of |
19 | information published on the Internet in accordance with this |
20 | section with intent to facilitate commission of a criminal |
21 | offense shall constitute an offense of the same grade and degree |
22 | as the underlying criminal offense. |
23 | § 9798.3. Global positioning system technology. |
24 | [The] Except as otherwise provided under section 9795.2(c.1) |
25 | (relating to registration procedures, applicability, |
26 | probationary supervision, alert system and child protection |
27 | zone), the Pennsylvania Board of Probation and Parole and county |
28 | probation authorities may impose supervision conditions that |
29 | include offender tracking through global positioning system |
30 | technology. |
|
1 | Section 7. This act shall take effect in 60 days. |
|