THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DePASQUALE, READSHAW, FREEMAN, DALEY, FABRIZIO, GINGRICH, GROVE, HESS, MICOZZIE, MUNDY, MYERS, PASHINSKI, K. SMITH, VULAKOVICH AND YOUNGBLOOD, MARCH 2, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 2011  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

registration requirements and limiting and prohibiting

certain uses of the Internet by registered sex offenders.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9792 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 9792.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commercial social networking site."  Any business,

organization or other similar entity operating a website that

permits persons to become registered users for the purpose of

establishing personal relationships with other users through

direct or real-time communication with other users or the

creation of web pages or profiles available to the public or to

other users. The term does not include an electronic mail

program or a message board program.

* * *

"Computer scrub software."  Any third party added software

designed to delete information from the computer unit, the hard

drive or other software, which would eliminate and prevent

discovery of browser activity, including Internet history,

address bar, cache and cookies and which would overwrite files

so as to make previous computer activity, including website

access, more difficult to discover.

* * *

"Internet identifiers."  Electronic mail addresses and

designations used for the purpose of chat, instant messaging,

social networking or other similar Internet communications.

"Internet service provider."  A person who furnishes a

service that enables users to access content, information,

electronic mail or other services offered over the Internet and

proprietary content, information and other services as part of a

package of services offered to consumers.

* * *

Section 2. Section 9795.2(a) of Title 42 is amended and the

section is amended by adding a subsection to read: 

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

(1)  Offenders and sexually violent predators shall be

required to register with the Pennsylvania State Police upon

release from incarceration, upon parole from a State or

county correctional institution or [upon the commencement of

a sentence of] no later than three days after being sentenced

to intermediate punishment or probation. For purposes of

registration, offenders and sexually violent predators shall

provide the Pennsylvania State Police with the name of the

offender, including all aliases used by the offender, the

Social Security number of the offender, all current or

intended residences, all information concerning current or

intended employment [and], all information concerning current

or intended enrollment as a student, the license plate number

and description of any vehicle owned or operated by the

offender and any accounts with Internet service providers and

Internet identifiers.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

(i)  Any change of residence or establishment of an

additional residence or residences.

(ii)  Any change of employer or employment location

for a period of time that will exceed 14 days or for an

aggregate period of time that will exceed 30 days during

any calendar year, or termination of employment.

(iii)  Any change of institution or location at which

the person is enrolled as a student, or termination of

enrollment.

(iv)  Becoming employed or enrolled as a student if

the person has not previously provided that information

to the Pennsylvania State Police.

(v)  Any changes of ownership, sale, transfer or

lease of motor vehicles.

(vi)  Any changes made to license plates.

(vii)  Any changes of accounts with Internet service

providers.

(viii)  Any changes to or additional Internet

identifiers.

* * *

(c.1)  Registration information provided to Internet service

providers.--

(1)  The Pennsylvania State Police shall, upon the

request of any Internet service provider, release to the

entity Internet identifiers that would enable the entity to

prescreen or remove sex offenders from its services or, in

conformity with the laws of this Commonwealth and the United

States, advise law enforcement or other governmental entities

of potential violations of the law.

(2)  Before releasing any information the Pennsylvania

State Police shall require the Internet service provider that

requests the information from the registry to submit the

name, address and telephone number of the requesting entity,

the specific legal nature and status of the entity and any

additional information deemed necessary by the Pennsylvania

State Police.

(3)  Except for the purposes specified under this

section, an Internet service provider shall not publish or in

any way disclose or redisclose any information provided by

the Pennsylvania State Police.

(4)  The Pennsylvania State Police shall promulgate rules

and regulations relating to procedures for the release of

information, including the disclosure and redisclosure of the

information.

* * *

Section 3. Title 42 is amended by adding sections to read:

§ 9795.6  Limited Internet access.

(a)  General.--A person subject to the registration

requirements of this subchapter who has committed any offense

under section 9795.1 (relating to registration) or has used the

Internet to facilitate commission of any offense under section

9795.1 shall be prohibited from using the Internet for purposes

under subsection (b).

(b)  Prohibition of Internet usage as a condition of parole

or probation.--As a condition of parole or probation, the courts

may impose a prohibition on any use of Internet by any person

subject to the registration requirements of this subchapter who

has used the Internet to facilitate commission of any offense

under section 9795.1.

(c)  Limited uses of the Internet.--A person subject to the

registration requirements under section 9795.1 is prohibited

from using the Internet for the following purposes:

(1)  To access pornographic material including material

described under 18 Pa.C.S. § 6312(d) (relating to sexual

abuse of children).

(2)  To access a commercial social networking website.

(3)  To communicate with other individuals or groups for

the purpose of promoting sexual relations with persons under

18 years of age when the offender has committed any of the

following offenses:

18 Pa.C.S. § 2901 (relating to kidnapping) where the

victim is a minor.

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure).

18 Pa.C.S. § 4302 (relating to incest) where the

victim is 12 years of age or older but under 18 years of

age.

18 Pa.C.S. § 5902(b) (relating to prostitution and

related offenses) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to

obscene and other sexual materials and performances)

where the victim is a minor.

18 Pa.C.S. § 6312.

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

(4)  To communicate with a person under 18 years of age

when the offender has committed any of the following

offenses:

18 Pa.C.S. § 2901 where the victim is a minor.

18 Pa.C.S. § 2910.

18 Pa.C.S. § 4302 where the victim is 12 years of age

or older but under 18 years of age.

18 Pa.C.S. § 5902(b) where the actor promotes the

prostitution of a minor.

18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) where the

victim is a minor.

18 Pa.C.S. § 6312.

18 Pa.C.S. § 6318.

18 Pa.C.S. § 6320.

§ 9795.7  Prohibited use of computer scrub software.

(a)  General.--A person subject to the registration

requirements of this subchapter who has committed any offense

under section 9795.1 (relating to registration) or has used a

computer to facilitate commission of any offense under section

9795.1 shall be prohibited from using the computer scrub

software.

(b)  Prohibition of computer scrub software usage as a

condition of parole or probation.--As a condition of parole or

probation, the courts may impose a prohibition on any use of

computer scrub software by any person subject to the

registration requirements of this subchapter who has used a

computer to facilitate commission of any offense under section

9795.1.

Section 4.  This act shall take effect in 90 days.