PRINTER'S NO. 4649
No. 2911 Session of 2006
INTRODUCED BY REED, ARGALL, BAKER, BALDWIN, BARRAR, BENNINGHOFF,
BEYER, BISHOP, BOYD, BUNT, CALTAGIRONE, CAPPELLI, CAUSER,
CAWLEY, CIVERA, CLYMER, CRAHALLA, DALLY, DENLINGER, FEESE,
FLEAGLE, FREEMAN, GINGRICH, GOODMAN, GRELL, GRUCELA,
HENNESSEY, HERSHEY, HESS, HICKERNELL, JAMES, KAUFFMAN,
M. KELLER, KENNEY, KILLION, LEH, MANN, MARSICO, McILHATTAN,
METCALFE, MILLARD, S. MILLER, MUSTIO, O'NEILL, PAYNE,
PHILLIPS, PICKETT, PISTELLA, READSHAW, REICHLEY, ROSS,
SATHER, SCAVELLO, SCHRODER, SOLOBAY, SONNEY, STABACK, STEIL,
R. STEVENSON, E. Z. TAYLOR, TIGUE, TRUE, WILT AND WOJNAROSKI,
SEPTEMBER 27, 2006
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sexual offender registration procedures.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 9795.2(a)(4)(i) and (b)(4)(i) of Title 42
7 of the Pennsylvania Consolidated Statutes, amended November 24,
8 2004 (P.L.1243, No.152), are amended to read:
9 § 9795.2. Registration procedures and applicability.
10 (a) Registration.--
11 * * *
12 (4) This paragraph shall apply to all offenders and
13 sexually violent predators:
14 (i) Where the offender or sexually violent predator
1 was granted parole by the Pennsylvania Board of Probation
2 and Parole or the court or is sentenced to probation or
3 intermediate punishment, the board or county office of
4 probation and parole shall collect registration
5 information from the offender or sexually violent
6 predator and forward that registration information to the
7 Pennsylvania State Police. The Department of Corrections
8 or county correctional facility shall not release the
9 offender or sexually violent predator until it receives
10 verification from the Pennsylvania State Police that it
11 has received the registration information[.] and has
12 posted the registration information on the Internet as
13 required under section 9798.1 (relating to information
14 made available on the Internet). Verification by the
15 Pennsylvania State Police may occur by electronic means,
16 including e-mail or facsimile transmission. Where the
17 offender or sexually violent predator is scheduled to be
18 released from a State correctional facility or county
19 correctional facility because of the expiration of the
20 maximum term of incarceration, the Department of
21 Corrections or county correctional facility shall collect
22 the information from the offender or sexually violent
23 predator no later than ten days prior to the maximum
24 expiration date. The registration information shall be
25 forwarded to the Pennsylvania State Police and shall be
26 posted on the Internet as required under section 9798.1
27 prior to the maximum expiration date.
28 * * *
29 (b) Individuals convicted or sentenced by a court or
30 adjudicated delinquent in jurisdictions outside this
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1 Commonwealth or sentenced by court martial.--
2 (4) An individual who resides, is employed or is a
3 student in this Commonwealth and who has been convicted of or
4 sentenced by a court or court martialed for a sexually
5 violent offense or a similar offense under the laws of the
6 United States or one of its territories or possessions,
7 another state, the District of Columbia, the Commonwealth of
8 Puerto Rico or a foreign nation, or who was required to
9 register under a sexual offender statute in the jurisdiction
10 where convicted, sentenced or court martialed, shall register
11 at an approved registration site within ten days of the
12 individual's arrival in this Commonwealth. The provisions of
13 this subchapter shall apply to the individual as follows:
14 (i) If the individual has been classified as a
15 sexually violent predator as defined in section 9792
16 (relating to definitions) or determined under the laws of
17 the other jurisdiction or by reason of court martial to
18 be subject to active notification and lifetime
19 registration on the basis of a statutorily authorized
20 administrative or judicial decision or on the basis of a
21 statute or administrative rule requiring active
22 notification and lifetime registration based solely on
23 the offense for which the individual was convicted,
24 sentenced or court martialed, the individual shall,
25 notwithstanding section 9792, be considered a sexually
26 violent predator and subject to lifetime registration
27 pursuant to section 9795.1(b) (relating to registration).
28 The individual shall also be subject to the provisions of
29 this section and sections 9796 (relating to verification
30 of residence), 9798 (relating to other notification) and
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1 9798.1(c)(1) [(relating to information made available on
2 the Internet)], except that the individual shall not be
3 required to receive counseling unless required to do so
4 by the other jurisdiction or by reason of court martial.
5 * * *
6 Section 2. This act shall take effect in 60 days.
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