AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in sentencing, providing
3for limitations on residence of individuals convicted of
4certain offenses.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 42 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9Section 9795.6. Limitations on residence of individuals
10convicted of certain offenses.

11(a) General rule.--No adult or unrelated juvenile offender
12subject to the registration requirements of section 9795.1
13(relating to registration) may establish a residence or other
14living accommodation in a residence where another offender
15resides who is also required to register pursuant to section
169795.1.

17(b) Violation.--The owner, lessor or lessee of the property
18who knowingly or intentionally permits a violation of subsection

1(a) commits a summary offense and shall, upon conviction, be
2fined $2,500 for each violation. Notwithstanding any other
3provision of law to the contrary, all fines collected under this
4subsection shall be paid to the Commonwealth for deposit into
5the Megan's Law Fund, which is established as a restricted
6receipt account in the General Fund. Moneys in the fund are
7appropriated to the Pennsylvania State Police to be used
8exclusively for purposes of its Megan's Law section. All
9earnings received from the investment or deposit of money in the
10fund shall be paid into the fund for the purposes of this
11subsection, and those fees once collected shall be distributed
12to the Megan's Law section of the Pennsylvania State Police.

13(c) Exceptions.--The following apply:

14(1) The owner, lessor or lessee of the property shall
15not be in violation of subsection (a) if the offender is the
16spouse or child of the owner, lessor or lessee or if the
17spouse or child is the owner, lessor or lessee of the
18property.

19(2) The owner or lessor of the property is not in
20violation where the application for a lease or the lease
21itself provides a signed statement by the lessee that the
22lessee is not a convicted sex offender.

23(d) Definition.--As used in this section, the term
24"residence" means a home or place where individuals are living
25together in a single dwelling unit with common access to and
26common use of living, sleeping, housekeeping accommodations and
27sanitary facilities.

28Section 2. This act shall take effect in 60 days.