HOUSE AMENDED PRIOR PRINTER'S NOS. 92, 181, 281, PRINTER'S NO. 2283 2263
No. 138 Session of 2001
INTRODUCED BY GREENLEAF, COSTA, EARLL, O'PAKE, HOLL, MOWERY, MURPHY, WAUGH AND SCHWARTZ, JANUARY 26, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 7, 2002
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for VENUE AND <-- 3 FOR compensation of multicounty investigating grand jurors 4 FURTHER PROVIDING FOR DECLARATION OF POLICY REGARDING CHILD <-- 5 VICTIMS AND WITNESSES, FOR ORIGINAL JURISDICTION AND VENUE OF 6 COURTS OF COMMON PLEAS, FOR EXPENSES FOR INVESTIGATING GRAND 7 JURIES AND TRIALS AND FOR COMPENSATION AND TRAVEL ALLOWANCE 8 FOR JURORS; PROVIDING FOR VENUE IN MEDICAL PROFESSIONAL 9 LIABILITY ACTIONS; AND FURTHER PROVIDING FOR REGISTRATION 10 PROCEDURES AND APPLICABILITY, FOR SENTENCING COURT 11 INFORMATION AND FOR DUTIES OF THE PENNSYLVANIA STATE POLICE. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 4553(b) of Title 42 of the Pennsylvania <-- 15 Consolidated Statutes is amended to read: 16 SECTION 1. SECTIONS 931(C) AND 4553(B) OF TITLE 42 OF THE <-- 17 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 18 § 931. ORIGINAL JURISDICTION AND VENUE. 19 * * * 20 (C) VENUE AND PROCESS.--EXCEPT AS PROVIDED BY SECTION 5105.1
1 (RELATING TO VENUE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS) 2 AND SUBCHAPTER B OF CHAPTER 85 (RELATING TO ACTIONS AGAINST 3 COMMONWEALTH PARTIES), THE VENUE OF A COURT OF COMMON PLEAS 4 CONCERNING MATTERS OVER WHICH JURISDICTION IS CONFERRED BY THIS 5 SECTION SHALL BE AS PRESCRIBED BY GENERAL RULE. THE PROCESS OF 6 THE COURT SHALL EXTEND BEYOND THE TERRITORIAL LIMITS OF THE 7 JUDICIAL DISTRICT TO THE EXTENT PRESCRIBED BY GENERAL RULE. 8 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, IN A PROCEEDING 9 TO ENFORCE AN ORDER OF A GOVERNMENT AGENCY THE PROCESS OF THE 10 COURT SHALL EXTEND THROUGHOUT THIS COMMONWEALTH. 11 § 4553. Expenses of investigating grand juries and trials 12 resulting therefrom. 13 * * * 14 (b) Multicounty.--The expenses of any multicounty 15 investigating grand jury shall be borne by the Commonwealth. 16 (1) Multicounty investigating grand jurors shall be 17 compensated at the rate of $40 for each day that they report 18 for service. Jurors shall be paid a travel allowance at the 19 rate that an employee of the Office of Attorney General on 20 official business would be reimbursed. Jurors shall receive 21 payment of per diem meal expenses in the amounts of $6 for 22 breakfast, $10 for lunch and $25 for dinner for any day or 23 portion thereof that the person is serving as a juror. Only 24 those persons who are required, because of the distance from 25 their residence, to obtain overnight accommodations at the 26 site of the multicounty investigating grand jury shall 27 receive payment of a per diem for breakfast and dinner. 28 (2) [In addition, the] The costs and expenses resulting 29 from any trial of a person against whom a presentment has 30 been issued by a multicounty investigating grand jury shall 20010S0138B2283 - 2 -
1 be borne by the Commonwealth. Costs and expenses under this 2 subsection include, but are not limited to, all reasonable 3 costs incurred by the county for the services of the courts, 4 the trial jury, the sheriff, the clerk of courts, the county 5 prison, the district attorney and any public defender 6 appointed by the court, and related costs and expenses 7 incurred by the county in the course of the trial. 8 (3) Counties shall be reimbursed from the General Fund 9 of the Commonwealth upon application to the State Treasurer 10 through the Office of Attorney General pursuant to procedures 11 prescribed by that office. 12 Section 2. Section 4561 of Title 42 is amended by adding a 13 subsection to read: 14 § 4561. Compensation of and travel allowance for jurors. 15 * * * 16 (c) Definition.--As used in this section, the term "jurors" 17 does not apply to those persons summoned to serve on a 18 multicounty investigating grand jury who are reimbursed under 19 section 4553(b) (relating to expenses of investigating grand 20 juries and trials resulting therefrom). 21 Section 3. This act shall take effect July 1, 2001, or <-- 22 immediately, whichever occurs later. 23 SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <-- 24 § 5101.1. VENUE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS. 25 (A) DECLARATION OF POLICY.--IN ACCORDANCE WITH SECTION 26 514(A) OF THE ACT OF MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS 27 THE MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) 28 ACT, AND AS A MATTER OF PUBLIC POLICY, THE GENERAL ASSEMBLY 29 FURTHER DECLARES THE NEED TO CHANGE THE VENUE REQUIREMENTS FOR 30 MEDICAL PROFESSIONAL LIABILITY ACTIONS. 20010S0138B2283 - 3 -
1 (B) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION TO 2 THE CONTRARY, A MEDICAL PROFESSIONAL LIABILITY ACTION MAY BE 3 BROUGHT AGAINST A HEALTH CARE PROVIDER FOR A MEDICAL 4 PROFESSIONAL LIABILITY CLAIM ONLY IN THE COUNTY IN WHICH THE 5 CAUSE OF ACTION AROSE. 6 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 7 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 8 SUBSECTION: 9 "BIRTH CENTER." AN ENTITY LICENSED AS A BIRTH CENTER UNDER 10 THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH 11 CARE FACILITIES ACT. 12 "HEALTH CARE PROVIDER." A PRIMARY HEALTH CARE CENTER OR A 13 PERSON, INCLUDING A CORPORATION, UNIVERSITY OR OTHER EDUCATIONAL 14 INSTITUTION LICENSED OR APPROVED BY THE COMMONWEALTH TO PROVIDE 15 HEALTH CARE OR PROFESSIONAL MEDICAL SERVICES AS A PHYSICIAN, A 16 CERTIFIED NURSE MIDWIFE, A PODIATRIST, HOSPITAL, NURSING HOME, 17 BIRTH CENTER AND, EXCEPT AS TO SECTION 711(A) OF THE ACT OF 18 MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS THE MEDICAL CARE 19 AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT, AN OFFICER, 20 EMPLOYEE OR AGENT OF ANY OF THEM ACTING IN THE COURSE AND SCOPE 21 OF EMPLOYMENT. 22 "HOSPITAL." AN ENTITY LICENSED AS A HOSPITAL UNDER THE ACT 23 OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE 24 CODE, OR THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE 25 HEALTH CARE FACILITIES ACT. 26 "MEDICAL PROFESSIONAL LIABILITY ACTION." ANY PROCEEDING IN 27 WHICH A MEDICAL PROFESSIONAL LIABILITY CLAIM IS ASSERTED, 28 INCLUDING AN ACTION IN A COURT OF LAW OR AN ARBITRATION 29 PROCEEDING. 30 "MEDICAL PROFESSIONAL LIABILITY CLAIM." ANY CLAIM SEEKING 20010S0138B2283 - 4 -
1 THE RECOVERY OF DAMAGES OR LOSS FROM A HEALTH CARE PROVIDER 2 ARISING OUT OF ANY TORT OR BREACH OF CONTRACT CAUSING INJURY OR 3 DEATH RESULTING FROM THE FURNISHING OF HEALTH CARE SERVICES 4 WHICH WERE OR SHOULD HAVE BEEN PROVIDED. 5 "NURSING HOME." AN ENTITY LICENSED AS A NURSING HOME UNDER 6 THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH 7 CARE FACILITIES ACT. 8 "PRIMARY HEALTH CARE CENTER." A COMMUNITY-BASED NONPROFIT 9 CORPORATION MEETING STANDARDS PRESCRIBED BY THE DEPARTMENT OF 10 HEALTH WHICH PROVIDES PREVENTIVE, DIAGNOSTIC, THERAPEUTIC AND 11 BASIC EMERGENCY HEALTH CARE BY LICENSED PRACTITIONERS WHO ARE 12 EMPLOYEES OF THE CORPORATION OR UNDER CONTRACT TO THE 13 CORPORATION. 14 SECTION 4. THE AMENDMENT OR ADDITION OF 42 PA.C.S §§ 931(C) 15 AND 5101.1 SHALL APPLY TO ALL MEDICAL PROFESSIONAL LIABILITY 16 ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 17 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 18 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60 19 DAYS: 20 (I) THE AMENDMENT OF 42 PA.C.S. § 931(C). 21 (II) THE ADDITION OF 42 PA.C.S. § 5101.1 22 (III) SECTION 4 OF THIS ACT. 23 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 24 IMMEDIATELY. 25 SECTION 1. SECTIONS 931(C) AND 4553(B) OF TITLE 42 OF THE <-- 26 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 27 § 931. ORIGINAL JURISDICTION AND VENUE. 28 * * * 29 (C) VENUE AND PROCESS.--EXCEPT AS PROVIDED BY SECTION 5101.1 30 (RELATING TO VENUE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS) 20010S0138B2283 - 5 -
1 AND SUBCHAPTER B OF CHAPTER 85 (RELATING TO ACTIONS AGAINST 2 COMMONWEALTH PARTIES), THE VENUE OF A COURT OF COMMON PLEAS 3 CONCERNING MATTERS OVER WHICH JURISDICTION IS CONFERRED BY THIS 4 SECTION SHALL BE AS PRESCRIBED BY GENERAL RULE. THE PROCESS OF 5 THE COURT SHALL EXTEND BEYOND THE TERRITORIAL LIMITS OF THE 6 JUDICIAL DISTRICT TO THE EXTENT PRESCRIBED BY GENERAL RULE. 7 EXCEPT AS OTHERWISE PRESCRIBED BY GENERAL RULE, IN A PROCEEDING 8 TO ENFORCE AN ORDER OF A GOVERNMENT AGENCY THE PROCESS OF THE 9 COURT SHALL EXTEND THROUGHOUT THIS COMMONWEALTH. 10 § 4553. EXPENSES OF INVESTIGATING GRAND JURIES AND TRIALS 11 RESULTING THEREFROM. 12 * * * 13 (B) MULTICOUNTY.--THE EXPENSES OF ANY MULTICOUNTY 14 INVESTIGATING GRAND JURY SHALL BE BORNE BY THE COMMONWEALTH. 15 (1) MULTICOUNTY INVESTIGATING GRAND JURORS SHALL BE 16 COMPENSATED AT THE RATE OF $40 FOR EACH DAY THAT THEY REPORT 17 FOR SERVICE. JURORS SHALL BE PAID A TRAVEL ALLOWANCE AT THE 18 RATE THAT AN EMPLOYEE OF THE OFFICE OF ATTORNEY GENERAL ON 19 OFFICIAL BUSINESS WOULD BE REIMBURSED. JURORS SHALL RECEIVE 20 PAYMENT OF PER DIEM MEAL EXPENSES IN THE AMOUNTS OF $6 FOR 21 BREAKFAST, $10 FOR LUNCH AND $25 FOR DINNER FOR ANY DAY OR 22 PORTION THEREOF THAT THE PERSON IS SERVING AS A JUROR. ONLY 23 THOSE PERSONS WHO ARE REQUIRED, BECAUSE OF THE DISTANCE FROM 24 THEIR RESIDENCE, TO OBTAIN OVERNIGHT ACCOMMODATIONS AT THE 25 SITE OF THE MULTICOUNTY INVESTIGATING GRAND JURY SHALL 26 RECEIVE PAYMENT OF A PER DIEM FOR BREAKFAST AND DINNER. 27 (2) [IN ADDITION, THE] THE COSTS AND EXPENSES RESULTING 28 FROM ANY TRIAL OF A PERSON AGAINST WHOM A PRESENTMENT HAS 29 BEEN ISSUED BY A MULTICOUNTY INVESTIGATING GRAND JURY SHALL 30 BE BORNE BY THE COMMONWEALTH. COSTS AND EXPENSES UNDER THIS 20010S0138B2283 - 6 -
1 SUBSECTION INCLUDE, BUT ARE NOT LIMITED TO, ALL REASONABLE 2 COSTS INCURRED BY THE COUNTY FOR THE SERVICES OF THE COURTS, 3 THE TRIAL JURY, THE SHERIFF, THE CLERK OF COURTS, THE COUNTY 4 PRISON, THE DISTRICT ATTORNEY AND ANY PUBLIC DEFENDER 5 APPOINTED BY THE COURT, AND RELATED COSTS AND EXPENSES 6 INCURRED BY THE COUNTY IN THE COURSE OF THE TRIAL. 7 (3) COUNTIES SHALL BE REIMBURSED FROM THE GENERAL FUND 8 OF THE COMMONWEALTH UPON APPLICATION TO THE STATE TREASURER 9 THROUGH THE OFFICE OF ATTORNEY GENERAL PURSUANT TO PROCEDURES 10 PRESCRIBED BY THAT OFFICE. 11 SECTION 2. SECTION 4561 OF TITLE 42 IS AMENDED BY ADDING A 12 SUBSECTION TO READ: 13 § 4561. COMPENSATION OF AND TRAVEL ALLOWANCE FOR JURORS. 14 * * * 15 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "JURORS" 16 DOES NOT APPLY TO THOSE PERSONS SUMMONED TO SERVE ON A 17 MULTICOUNTY INVESTIGATING GRAND JURY WHO ARE REIMBURSED UNDER 18 SECTION 4553(B) (RELATING TO EXPENSES OF INVESTIGATING GRAND 19 JURIES AND TRIALS RESULTING THEREFROM). 20 SECTION 3. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: 21 § 5101.1. VENUE IN MEDICAL PROFESSIONAL LIABILITY ACTIONS. 22 (A) DECLARATION OF POLICY.--IN ACCORDANCE WITH SECTION 23 514(A) OF THE ACT OF MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS 24 THE MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR (MCARE) 25 ACT, AND AS A MATTER OF PUBLIC POLICY, THE GENERAL ASSEMBLY 26 FURTHER DECLARES THE NEED TO CHANGE THE VENUE REQUIREMENTS FOR 27 MEDICAL PROFESSIONAL LIABILITY ACTIONS. 28 (B) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION TO 29 THE CONTRARY, A MEDICAL PROFESSIONAL LIABILITY ACTION MAY BE 30 BROUGHT AGAINST A HEALTH CARE PROVIDER FOR A MEDICAL 20010S0138B2283 - 7 -
1 PROFESSIONAL LIABILITY CLAIM ONLY IN THE COUNTY IN WHICH THE 2 CAUSE OF ACTION AROSE. 3 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 4 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 5 SUBSECTION: 6 "BIRTH CENTER." AN ENTITY LICENSED AS A BIRTH CENTER UNDER 7 THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH 8 CARE FACILITIES ACT. 9 "HEALTH CARE PROVIDER." A PRIMARY HEALTH CARE CENTER OR A 10 PERSON, INCLUDING A CORPORATION, UNIVERSITY OR OTHER EDUCATIONAL 11 INSTITUTION LICENSED OR APPROVED BY THE COMMONWEALTH TO PROVIDE 12 HEALTH CARE OR PROFESSIONAL MEDICAL SERVICES AS A PHYSICIAN, A 13 CERTIFIED NURSE MIDWIFE, A PODIATRIST, HOSPITAL, NURSING HOME, 14 BIRTH CENTER AND, EXCEPT AS TO SECTION 711(A) OF THE ACT OF 15 MARCH 20, 2002 (P.L.154, NO.13), KNOWN AS THE MEDICAL CARE 16 AVAILABILITY AND REDUCTION OF ERROR (MCARE) ACT, AN OFFICER, 17 EMPLOYEE OR AGENT OF ANY OF THEM ACTING IN THE COURSE AND SCOPE 18 OF EMPLOYMENT. 19 "HOSPITAL." AN ENTITY LICENSED AS A HOSPITAL UNDER THE ACT 20 OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE 21 CODE, OR THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE 22 HEALTH CARE FACILITIES ACT. 23 "MEDICAL PROFESSIONAL LIABILITY ACTION." ANY PROCEEDING IN 24 WHICH A MEDICAL PROFESSIONAL LIABILITY CLAIM IS ASSERTED, 25 INCLUDING AN ACTION IN A COURT OF LAW OR AN ARBITRATION 26 PROCEEDING. 27 "MEDICAL PROFESSIONAL LIABILITY CLAIM." ANY CLAIM SEEKING 28 THE RECOVERY OF DAMAGES OR LOSS FROM A HEALTH CARE PROVIDER 29 ARISING OUT OF ANY TORT OR BREACH OF CONTRACT CAUSING INJURY OR 30 DEATH RESULTING FROM THE FURNISHING OF HEALTH CARE SERVICES 20010S0138B2283 - 8 -
1 WHICH WERE OR SHOULD HAVE BEEN PROVIDED. 2 "NURSING HOME." AN ENTITY LICENSED AS A NURSING HOME UNDER 3 THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH 4 CARE FACILITIES ACT. 5 "PRIMARY HEALTH CARE CENTER." A COMMUNITY-BASED NONPROFIT 6 CORPORATION MEETING STANDARDS PRESCRIBED BY THE DEPARTMENT OF 7 HEALTH WHICH PROVIDES PREVENTIVE, DIAGNOSTIC, THERAPEUTIC AND 8 BASIC EMERGENCY HEALTH CARE BY LICENSED PRACTITIONERS WHO ARE 9 EMPLOYEES OF THE CORPORATION OR UNDER CONTRACT TO THE 10 CORPORATION. 11 SECTION 4. SECTIONS 5981, 9795.2(A) AND (C), 9795.3AND 12 9799.1(4) ARE AMENDED TO READ: 13 § 5981. DECLARATION OF POLICY. 14 IN ORDER TO PROMOTE THE BEST INTERESTS OF THE CHILDREN OF 15 THIS COMMONWEALTH, ESPECIALLY THOSE CHILDREN WHO ARE MATERIAL 16 WITNESSES TO OR VICTIMS OF CRIMES, AND IN ORDER TO IMPLEMENT THE 17 CONSTITUTIONAL AMENDMENT ADOPTED ON NOVEMBER 7, 1995, THE 18 GENERAL ASSEMBLY DECLARES ITS INTENT, IN THIS SUBCHAPTER, TO 19 PROVIDE THESE CHILDREN, WHERE NECESSITY IS SHOWN, PROCEDURES 20 WHICH WILL PROTECT THEM DURING THEIR INVOLVEMENT WITH THE 21 CRIMINAL JUSTICE SYSTEM. THE GENERAL ASSEMBLY URGES THE NEWS 22 MEDIA TO USE SIGNIFICANT RESTRAINT AND CAUTION IN REVEALING THE 23 IDENTITY OR ADDRESS OF CHILDREN WHO ARE VICTIMS OF OR WITNESSES 24 TO CRIMES[.] OR OTHER INFORMATION THAT WOULD REVEAL THE NAME OR 25 ADDRESS OF THE CHILD VICTIM OR WITNESS. 26 § 9795.2. REGISTRATION PROCEDURES AND APPLICABILITY. 27 (A) REGISTRATION.-- 28 (1) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL BE 29 REQUIRED TO REGISTER [ALL CURRENT RESIDENCES OR INTENDED 30 RESIDENCES] WITH THE PENNSYLVANIA STATE POLICE UPON RELEASE 20010S0138B2283 - 9 -
1 FROM INCARCERATION, UPON PAROLE FROM A STATE OR COUNTY 2 CORRECTIONAL INSTITUTION OR UPON THE COMMENCEMENT OF A 3 SENTENCE OF INTERMEDIATE PUNISHMENT OR PROBATION. FOR 4 PURPOSES OF REGISTRATION, OFFENDERS AND SEXUALLY VIOLENT 5 PREDATORS SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH 6 ALL CURRENT OR INTENDED RESIDENCES, ALL INFORMATION 7 CONCERNING CURRENT OR INTENDED EMPLOYMENT, AND ALL 8 INFORMATION CONCERNING CURRENT OR INTENDED ENROLLMENT AS A 9 STUDENT. 10 (2) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL 11 INFORM THE PENNSYLVANIA STATE POLICE WITHIN TEN DAYS OF [A 12 CHANGE OF RESIDENCE.]: 13 (I) ANY CHANGE OF RESIDENCE OR ESTABLISHMENT OF AN 14 ADDITIONAL RESIDENCE OR RESIDENCES. 15 (II) ANY CHANGE OF EMPLOYER OR EMPLOYMENT LOCATION 16 FOR A PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN 17 AGGREGATE PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING 18 ANY CALENDAR YEAR, OR TERMINATION OF EMPLOYMENT. 19 (III) ANY CHANGE OF INSTITUTION OR LOCATION AT WHICH 20 THE PERSON IS ENROLLED AS A STUDENT, OR TERMINATION OF 21 ENROLLMENT. 22 (IV) BECOMING EMPLOYED OR ENROLLED AS A STUDENT IF 23 THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT INFORMATION 24 TO THE PENNSYLVANIA STATE POLICE. 25 (2.1) REGISTRATION WITH A NEW LAW ENFORCEMENT AGENCY 26 SHALL OCCUR NO LATER THAN TEN DAYS AFTER ESTABLISHING 27 RESIDENCE IN ANOTHER STATE. 28 (3) THE TEN-YEAR REGISTRATION PERIOD REQUIRED IN SECTION 29 9795.1(A) (RELATING TO REGISTRATION) SHALL BE TOLLED WHEN AN 30 OFFENDER IS RECOMMITTED FOR A PAROLE VIOLATION OR SENTENCED 20010S0138B2283 - 10 -
1 TO AN ADDITIONAL TERM OF IMPRISONMENT. IN SUCH CASES, THE 2 DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL FACILITY 3 SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OF THE ADMISSION 4 OF THE OFFENDER. 5 (4) THIS PARAGRAPH SHALL APPLY TO ALL OFFENDERS AND 6 SEXUALLY VIOLENT PREDATORS: 7 (I) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR 8 WAS GRANTED PAROLE BY THE PENNSYLVANIA BOARD OF PROBATION 9 AND PAROLE OR THE COURT OR IS SENTENCED TO PROBATION OR 10 INTERMEDIATE PUNISHMENT, THE BOARD OR COUNTY OFFICE OF 11 PROBATION AND PAROLE SHALL COLLECT REGISTRATION 12 INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT 13 PREDATOR AND FORWARD THAT REGISTRATION INFORMATION TO THE 14 PENNSYLVANIA STATE POLICE. THE DEPARTMENT OF CORRECTIONS 15 OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE 16 OFFENDER OR SEXUALLY VIOLENT PREDATOR UNTIL IT RECEIVES 17 VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT IT 18 HAS RECEIVED THE REGISTRATION INFORMATION. WHERE THE 19 OFFENDER OR SEXUALLY VIOLENT PREDATOR IS SCHEDULED TO BE 20 RELEASED FROM A STATE CORRECTIONAL FACILITY OR COUNTY 21 CORRECTIONAL FACILITY BECAUSE OF THE EXPIRATION OF THE 22 MAXIMUM TERM OF INCARCERATION, THE DEPARTMENT OF 23 CORRECTIONS OR COUNTY CORRECTIONAL FACILITY SHALL COLLECT 24 THE INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT 25 PREDATOR NO LATER THAN TEN DAYS PRIOR TO THE MAXIMUM 26 EXPIRATION DATE. THE REGISTRATION INFORMATION SHALL BE 27 FORWARDED TO THE PENNSYLVANIA STATE POLICE. 28 (II) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR 29 SCHEDULED TO BE RELEASED FROM A STATE CORRECTIONAL 30 FACILITY OR COUNTY CORRECTIONAL FACILITY DUE TO THE 20010S0138B2283 - 11 -
1 MAXIMUM EXPIRATION DATE REFUSES TO PROVIDE THE 2 REGISTRATION INFORMATION, THE DEPARTMENT OF CORRECTIONS 3 OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE 4 PENNSYLVANIA STATE POLICE OR POLICE DEPARTMENT WITH 5 JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE 6 REGISTRATION INFORMATION AND OF THE EXPECTED DATE, TIME 7 AND LOCATION OF THE RELEASE OF THE OFFENDER OR SEXUALLY 8 VIOLENT PREDATOR. 9 * * * 10 (C) REGISTRATION INFORMATION TO LOCAL POLICE.--THE 11 PENNSYLVANIA STATE POLICE SHALL PROVIDE THE INFORMATION OBTAINED 12 UNDER THIS SECTION AND SECTIONS 9795.3 (RELATING TO SENTENCING 13 COURT INFORMATION) AND 9796 (RELATING TO VERIFICATION OF 14 RESIDENCE) TO THE CHIEF LAW ENFORCEMENT [OFFICER OF THE POLICE 15 DEPARTMENT MUNICIPALITY] OFFICERS OF THE POLICE DEPARTMENTS OF 16 THE MUNICIPALITIES IN WHICH THE INDIVIDUAL WILL RESIDE, BE 17 EMPLOYED OR ENROLLED AS A STUDENT. IN ADDITION, THE PENNSYLVANIA 18 STATE POLICE SHALL PROVIDE THIS OFFICER WITH THE ADDRESS AT 19 WHICH THE INDIVIDUAL WILL RESIDE, BE EMPLOYED OR ENROLLED AS A 20 STUDENT FOLLOWING HIS RELEASE FROM INCARCERATION, PAROLE OR 21 PROBATION. 22 * * * 23 § 9795.3. SENTENCING COURT INFORMATION. 24 THE SENTENCING COURT SHALL INFORM OFFENDERS AND SEXUALLY 25 VIOLENT PREDATORS AT THE TIME OF SENTENCING OF THE PROVISIONS OF 26 THIS SUBCHAPTER. THE COURT SHALL: 27 (1) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT 28 PREDATOR OF THE DUTY TO REGISTER AND PROVIDE THE INFORMATION 29 REQUIRED FOR EACH REGISTRATION, INCLUDING VERIFICATION AS 30 REQUIRED IN SECTION 9796(A) (RELATING TO VERIFICATION OF 20010S0138B2283 - 12 -
1 RESIDENCE). 2 (2) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT 3 PREDATOR OF THE DUTY TO INFORM THE PENNSYLVANIA STATE POLICE 4 WITHIN TEN DAYS IF THE OFFENDER OR SEXUALLY VIOLENT PREDATOR 5 CHANGES RESIDENCE[.] OR ESTABLISHES AN ADDITIONAL RESIDENCE 6 OR RESIDENCES, CHANGES EMPLOYER OR EMPLOYMENT LOCATION FOR A 7 PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN AGGREGATE 8 PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING ANY CALENDAR 9 YEAR OR TERMINATES EMPLOYMENT, OR CHANGES INSTITUTION OR 10 LOCATION AT WHICH THE PERSON IS ENROLLED AS A STUDENT OR 11 TERMINATES ENROLLMENT. 12 (2.1) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY 13 VIOLENT PREDATOR OF THE DUTY TO INFORM THE PENNSYLVANIA STATE 14 POLICE WITHIN TEN DAYS OF BECOMING EMPLOYED OR ENROLLED AS A 15 STUDENT IF THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT 16 INFORMATION TO THE PENNSYLVANIA STATE POLICE. 17 (3) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT 18 PREDATOR OF THE DUTY TO REGISTER WITH A NEW LAW ENFORCEMENT 19 AGENCY IF THE OFFENDER OR SEXUALLY VIOLENT PREDATOR MOVES TO 20 ANOTHER STATE NO LATER THAN TEN DAYS AFTER ESTABLISHING 21 RESIDENCE IN ANOTHER STATE. 22 (4) ORDER THE FINGERPRINTS AND PHOTOGRAPH OF THE 23 OFFENDER OR SEXUALLY VIOLENT PREDATOR TO BE PROVIDED TO THE 24 PENNSYLVANIA STATE POLICE UPON SENTENCING. 25 (5) SPECIFICALLY INFORM THE OFFENDER OR SEXUALLY VIOLENT 26 PREDATOR OF THE DUTY TO REGISTER WITH THE APPROPRIATE 27 AUTHORITIES IN ANY STATE IN WHICH THE OFFENDER OR SEXUALLY 28 VIOLENT PREDATOR IS EMPLOYED, CARRIES ON A VOCATION OR IS A 29 STUDENT IF THE STATE REQUIRES SUCH REGISTRATION. 30 (6) REQUIRE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR TO 20010S0138B2283 - 13 -
1 READ AND SIGN A FORM STATING THAT THE DUTY TO REGISTER UNDER 2 THIS SUBCHAPTER HAS BEEN EXPLAINED. WHERE THE OFFENDER OR 3 SEXUALLY VIOLENT PREDATOR IS INCAPABLE OF READING, THE COURT 4 SHALL CERTIFY THE DUTY TO REGISTER WAS EXPLAINED TO THE 5 OFFENDER OR SEXUALLY VIOLENT PREDATOR AND THE OFFENDER OR 6 SEXUALLY VIOLENT PREDATOR INDICATED AN UNDERSTANDING OF THE 7 DUTY. 8 § 9799.1. DUTIES OF PENNSYLVANIA STATE POLICE. 9 THE PENNSYLVANIA STATE POLICE SHALL: 10 * * * 11 (4) NOTIFY, WITHIN 72 HOURS OF RECEIVING THE OFFENDER'S 12 OR THE SEXUALLY VIOLENT PREDATOR'S REGISTRATION, THE CHIEF 13 LAW ENFORCEMENT [OFFICER OF THE POLICE DEPARTMENT HAVING 14 PRIMARY JURISDICTION OF THE MUNICIPALITY] OFFICERS OF THE 15 POLICE DEPARTMENTS HAVING PRIMARY JURISDICTION OF THE 16 MUNICIPALITIES IN WHICH AN OFFENDER OR SEXUALLY VIOLENT 17 PREDATOR RESIDES, IS EMPLOYED OR ENROLLED AS A STUDENT OF THE 18 FACT THAT THE OFFENDER OR SEXUALLY VIOLENT PREDATOR HAS BEEN 19 REGISTERED WITH THE PENNSYLVANIA STATE POLICE PURSUANT TO 20 SECTIONS 9795.2 (RELATING TO REGISTRATION PROCEDURES AND 21 APPLICABILITY) AND 9796 (RELATING TO VERIFICATION OF 22 RESIDENCE). 23 * * * 24 SECTION 5. THE AMENDMENT OR ADDITION OF 42 PA.C.S §§ 931(C) 25 AND 5101.1 SHALL APPLY TO ALL MEDICAL PROFESSIONAL LIABILITY 26 ACTIONS FILED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 27 SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 28 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT 29 IMMEDIATELY: 30 (I) THE AMENDMENT OF 42 PA.C.S. § 4553(B). 20010S0138B2283 - 14 -
1 (II) THIS SECTION. 2 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 3 DAYS. L18L42JS/20010S0138B2283 - 15 -