PRINTER'S NO. 3374
No. 2397 Session of 2004
INTRODUCED BY GABIG, COLEMAN, NAILOR, T. STEVENSON, PAYNE,
KOTIK, CLYMER, ARMSTRONG, SCHRODER, MANDERINO, STERN, BAKER,
McILHATTAN, CAPPELLI, CORRIGAN, HARHAI, CAWLEY, GINGRICH,
BOYD, DALEY, HARRIS, GILLESPIE, R. MILLER, WILT, DENLINGER
AND MILLARD, MARCH 8, 2004
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2004
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, defining the offense of failure to comply with
4 registration of sexual offenders requirements; imposing
5 penalties; and further providing for the definition of
6 "predatory," for registration procedures and applicability,
7 for verification of residence and for other notification as
8 relates to registration of sexual offenders.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 18 of the Pennsylvania Consolidated
12 Statutes is amended by adding a section to read:
13 § 4915. Failure to comply with registration of sexual offenders
14 requirements.
15 (a) Offense defined.--An individual who is subject to
16 registration under 42 Pa.C.S. § 9795.1(a) (relating to
17 registration) or an individual who is subject to registration
18 under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense
19 if he knowingly fails to:
1 (1) register with the Pennsylvania State Police as
2 required under 42 Pa.C.S. § 9795.2 (relating to registration
3 procedures and applicability);
4 (2) verify his address or be photographed as required
5 under 42 Pa.C.S. § 9796 (relating to verification of
6 residence); or
7 (3) provide accurate information when registering under
8 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
9 § 9796.
10 (b) Grading for offenders who must register for ten years.--
11 (1) Except as provided in paragraph (2), an individual
12 subject to registration under 42 Pa.C.S. § 9795.1(a) who
13 violates subsection (a)(1) or (2) commits a misdemeanor of
14 the third degree.
15 (2) An individual subject to registration under 42
16 Pa.C.S. § 9795.1(a) who commits a second violation of
17 subsection (a)(1) or (2) commits a misdemeanor of the second
18 degree. A third or subsequent violation of subsection (a)(1)
19 or (2) is a felony of the third degree.
20 (3) An individual subject to registration under 42
21 Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
22 felony of the third degree.
23 (c) Grading for sexually violent predators and others with
24 lifetime registration.--
25 (1) Except as provided in paragraph (2), an individual
26 subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
27 or (3) who violates subsection (a)(1) or (2) commits a
28 misdemeanor of the second degree.
29 (2) An individual subject to registration under 42
30 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a second
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1 violation of subsection (a)(1) or (2) commits a misdemeanor
2 of the first degree. A third or subsequent violation of
3 subsection (a)(1) or (2) is a felony of the third degree.
4 (3) An individual subject to registration under 42
5 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
6 (a)(3) commits a felony of the third degree.
7 Section 2. The definition of "predatory" in section 9792 of
8 Title 42 is amended to read:
9 § 9792. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Predatory." An act directed at a stranger or at a person
15 with whom a relationship has been [established or promoted for
16 the primary purpose of] initiated, established, maintained or
17 promoted, in whole or in part, in order to facilitate or support
18 victimization.
19 * * *
20 Section 3. Sections 9795.2(d), 9796(e) and 9798(d) of Title
21 42 are amended to read:
22 § 9795.2. Registration procedures and applicability.
23 * * *
24 (d) Penalty.--
25 [(1) An individual subject to registration under section
26 9795.1(a) who fails to register with the Pennsylvania State
27 Police as required in this section commits a felony of the
28 third degree.
29 (2) An individual subject to registration under section
30 9795.1(b)(1), (2) or (3) who fails to register with the
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1 Pennsylvania State Police as required in this section commits
2 a felony of the first degree and shall be sentenced to a
3 mandatory minimum sentence of probation for the remainder of
4 the individual's lifetime and may be sentenced to a period of
5 incarceration of up to the individual's lifetime.] An
6 individual subject to registration under section 9795.1(a) or
7 (b) who fails to register with the Pennsylvania State Police
8 as required by this section may be subject to prosecution
9 under 18 Pa.C.S. § 4915 (relating to failure to comply with
10 registration of sexual offenders requirements).
11 § 9796. Verification of residence.
12 * * *
13 (e) Penalty.--
14 [(1) Any individual subject to registration under
15 section 9795.1(a) who fails to verify his residence or be
16 photographed as required in this section commits a felony of
17 the third degree.
18 (2) Any individual subject to registration under section
19 9795.1(b)(1), (2) or (3) who fails to verify his residence or
20 to be photographed as required in this section commits a
21 felony of the first degree and shall be sentenced to a
22 mandatory minimum sentence of probation for the remainder of
23 the individual's lifetime and may be sentenced to a period of
24 incarceration of up to the individual's lifetime.] An
25 individual subject to registration under section 9795.1(a) or
26 (b) who fails to verify his residence or to be photographed
27 as required by this section may be subject to prosecution
28 under 18 Pa.C.S. § 4915 (relating to failure to comply with
29 registration of sexual offenders requirements).
30 § 9798. Other notification.
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1 * * *
2 (d) Public notice.--
3 (1) All information provided in accordance with
4 subsection (a) shall be available, upon request, to the
5 general public. The information may be provided by electronic
6 means.
7 (2) The information shall be provided without the
8 payment of a fee. Further, the individual requesting the
9 information shall not be required to provide any information
10 about himself in order to obtain the information.
11 * * *
12 Section 4. This act shall take effect in 60 days.
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