THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY R. TAYLOR, SAYLOR, BELFANTI, BRADFORD, BRENNAN, BRIGGS, BROOKS, CARROLL, EVERETT, GIBBONS, HARHAI, HESS, HORNAMAN, HOUGHTON, KORTZ, LONGIETTI, MAHONEY, MANN, McILVAINE SMITH, MELIO, MENSCH, MOUL, MURT, O'NEILL, PALLONE, READSHAW, ROAE, ROCK, SANTARSIERO, SCAVELLO, SIPTROTH, SWANGER, VULAKOVICH AND YOUNGBLOOD, AUGUST 12, 2009

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 12, 2009  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, further providing for failure to comply with

registration of sexual offenders requirements, for

registration procedures, for verification of residence and

for victim notification.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4915(a) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 4915.  Failure to comply with registration of sexual offenders

requirements.

(a)  Offense defined.--An individual who is subject to

registration under 42 Pa.C.S. [§ 9795.1(a) (relating to

registration) or an individual who is subject to registration

under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3)] § 9795.1 (relating

to registration) or 9795.2 (relating to registration procedures

and applicability) commits an offense if he knowingly fails to:

(1)  register with the Pennsylvania State Police as

required under 42 Pa.C.S. § 9795.2 (relating to registration

procedures and applicability);

(2)  verify his address or be photographed as required

under 42 Pa.C.S. § 9796 (relating to verification of

residence); or

(3)  provide accurate information when registering under

42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.

§ 9796.

* * *

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

adding a subparagraph and the subsection is amended by adding

paragraphs to read:

§ 9795.2.  Registration procedures and applicability.

(a)  Registration.--

* * *

(1.1)  Offenders and sexually violent predators lacking a

residence shall register with the Pennsylvania State Police

at an approved registration site within the jurisdiction of

the area where the person may be found.

(2)  Offenders and sexually violent predators shall

inform the Pennsylvania State Police within 48 hours of:

* * *

(v)  Ceasing to have a residence.

* * *

(5)  Offenders or sexually violent predators subject to

this subchapter who lack a residence or intended residence or

who cease to have a residence shall register, update and

verify their habitual locale or locations during the day and

night, including parks, public buildings, restaurants and

libraries they frequent. Offenders and sexually violent

predators shall register, update and verify employment and

school enrollment as required under this subchapter. The

following shall apply:

(i)  Registration shall be in accordance with this

section except that in lieu of registering a residence an

offender or sexually violent predator subject to this

paragraph may register a specific description of the

place or places where the offender or sexually violent

predator may be found and any place or places where

communication with the offender or sexually violent

predator can be had. An offender or sexually violent

predator who ceases to have a residence following initial

registration shall within 48 hours register with the

Pennsylvania State Police at an approved registration

site within the jurisdiction of the area where the

offender or sexually violent predator may be found.

(ii)  In order to verify and update the information

provided under subparagraph (i), offenders and sexually

violent predators shall report to the Pennsylvania State

Police at an approved registration site within the

jurisdiction of the area where they may be found. The

following shall apply:

(A)  For sexually violent predators, reports

shall be made in person every seven days from the

time of registration until the time a residence is

established and reported.

(B)  For offenders, reports shall be made in

person every 30 days from the time of registration

until the time a residence is established and

reported.

(C)  Reporting shall occur during normal business

hours. The registration site may require the offender

or sexually violent predator to list the locations

where the offender or sexually violent predator would

have been found during the last seven days. If the

Pennsylvania State Police determines that it is

impractical to report as provided under this

paragraph due to the unique circumstances of an

offender or a sexually violent predator lacking a

residence, the Pennsylvania State Police may

authorize the offender or sexually violent predator

to follow an alternative reporting procedure. If the

offender or sexually violent predator is under

probation or parole supervision, the Pennsylvania

State Police shall consult with the supervising

authority in establishing the specific criteria of

the alternative procedure. If the Pennsylvania State

Police determines that it would be more practical and

would further public safety to permit an offender or

sexually violent predator to report to another law

enforcement agency within the jurisdiction where the

offender or sexually violent predator would be found,

it may, after consulting with the other law

enforcement agency, include this requirement in the

alternative reporting process. In approving an

alternative reporting process, the Pennsylvania State

Police shall do all of the following:

(I)  Document, in the registration record,

the specific reasons why the in-person reporting

process would be impractical for the offender or

sexually violent predator to follow.

(II)  Document how the authorized alternative

reporting procedure furthers the public safety

objectives of this subchapter.

(III)  Require compliance with the in-person

reporting process if the offender or sexually

violent predator moves or relocates to a new area

where this process would be practical.

(iii)  The following notification shall be in

accordance with this subchapter:

(A)  Notification to local police and crime

victims.

(B)  Passive notification.

Section 3.  Sections 9796 and 9797(a) of Title 42 are amended

to read:

§ 9796.  Verification of residence, habitual locale or

locations.

(a)  Quarterly verification by sexually violent predators.--

The Pennsylvania State Police shall verify the residence or, in

the case of a sexually violent predator without a residence, the

habitual locale or locations and compliance with counseling as

provided for in section 9799.4 (relating to counseling of

sexually violent predators) of sexually violent predators every

90 days through the use of a nonforwardable verification form to

the last reported residence, habitual locale, location or

mailing address. For the period of registration required by

section 9795.1 (relating to registration), a sexually violent

predator shall appear quarterly between January 5 and January

15, April 5 and April 15, July 5 and July 15 and October 5 and

October 15 of each calendar year at an approved registration

site to complete a verification form and to be photographed.

(a.1)  Facilitation of quarterly verification.--The

Pennsylvania State Police shall facilitate and administer the

verification process required by subsection (a) by:

(1)  sending a notice by first class United States mail

to all registered sexually violent predators at their last

reported residence addresses or, in the case of a sexually

violent predator without a residence, to the last reported

habitual locale, location or mailing address. This notice

shall be sent not more than 30 days nor less than 15 days

prior to each of the quarterly verification periods set forth

in subsection (a) and shall remind sexually violent predators

of their quarterly verification requirement and provide them

with a list of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site not less than

ten days before each of the quarterly verification periods.

(b)  Annual verification by offenders.--The Pennsylvania

State Police shall verify the residence or, in the case of an

offender without a residence, the habitual locale or locations 

of offenders. For the period of registration required by section

9795.1, an offender shall appear within ten days before each

annual anniversary date of the offender's initial registration

under section 9795.1 at an approved registration site to

complete a verification form and to be photographed.

(b.1)  Facilitation of annual verification.--The Pennsylvania

State Police shall facilitate and administer the verification

process required by subsection (b) by:

(1)  sending a notice by first class United States mail

to all registered offenders at their last reported residence

addresses or, in the case of an offender without a residence,

to the offender's last reported habitual locale, location or

mailing address. This notice shall be sent not more than 30

days nor less than 15 days prior to each offender's annual

anniversary date and shall remind the offender of the annual

verification requirement and provide the offender with a list

of approved registration sites; and

(2)  providing verification and compliance forms as

necessary to each approved registration site.

(c)  Notification of law enforcement agencies of change of

residence, habitual locale or locations.--A change of residence

or, in the case of an offender or sexually violent predator

without a residence, a change in the habitual locale or

locations of an offender or sexually violent predator required

to register under this subchapter reported to the Pennsylvania

State Police shall be immediately reported by the Pennsylvania

State Police to the appropriate law enforcement agency having

jurisdiction of the offender's or the sexually violent

predator's new place of residence, habitual locale or locations.

The Pennsylvania State Police shall, if the offender or sexually

violent predator changes residence, habitual locale or locations 

to another state, notify the law enforcement agency with which

the offender or sexually violent predator must register in the

new state.

(d)  Failure to provide verification.--Where an offender or

sexually violent predator fails to provide verification of

residence or, in the case of an offender or sexually violent

predator without a residence, the habitual locale or locations 

within the ten-day period as set forth in this section, the

Pennsylvania State Police shall immediately notify the municipal

police department of the offender's or the sexually violent

predator's last verified residence, habitual locale and

locations. The local municipal police shall locate the offender

or sexually violent predator and arrest him for violating this

section. The Pennsylvania State Police shall assume

responsibility for locating the offender or sexually violent

predator and arresting him in jurisdictions where no municipal

police jurisdiction exists. The Pennsylvania State Police shall

assist any municipal police department requesting assistance

with locating and arresting an offender or sexually violent

predator who fails to verify his residence.

(e)  Penalty.--An individual subject to registration under

section 9795.1(a) or (b) who fails to verify his residence or,

in the case of an offender or sexually violent predator who is

without a residence, the habitual locale or locations or to be

photographed as required by this section may be subject to

prosecution under 18 Pa.C.S. § 4915 (relating to failure to

comply with registration of sexual offenders requirements).

(f)  Effect of notice.--Neither failure on the part of the

Pennsylvania State Police to send nor failure of a sexually

violent predator or offender to receive any notice or

information under subsection (a.1) or (b.1) shall relieve that

predator or offender from the requirements of this subchapter.

§ 9797.  Victim notification.

(a)  Duty to inform victim.--

(1)  Where the individual is determined to be a sexually

violent predator by a court under section 9795.4 (relating to

assessments), the local municipal police department or the

Pennsylvania State Police where no municipal police

jurisdiction exists shall give written notice to the sexually

violent predator's victim when the sexually violent predator

registers initially and when he notifies the Pennsylvania

State Police of any change of residence or, in the case of a

sexually violent predator without a residence, any change in

habitual locale or locations. This notice shall be given

within 72 hours after the sexually violent predator registers

or notifies the Pennsylvania State Police of a change of

[address] residence, habitual locale, or locations. The

notice shall contain the sexually violent predator's name and

the address or addresses where he resides or, in the case of

a sexually violent predator without a residence, the sexually

violent predator's habitual locale or locations.

(2)  A victim may terminate the duty to inform set forth

in paragraph (1) by providing the local municipal police

department or the Pennsylvania State Police where no local

municipal police department exists with a written statement

releasing that agency from the duty to comply with this

section as it pertains to that victim.

* * *

Section 4.  This act shall take effect in 60 days.