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 20060H2911B4649 - 2 -
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 20060H2911B4649 - 3 -
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. I7L42BIL/20060H2911B4649 - 4 -