PRINTER'S NO. 704
No. 660 Session of 1989
INTRODUCED BY SHAFFER, LEWIS, PORTERFIELD, ARMSTRONG, PECORA,
JUBELIRER, WILT, RHOADES, STOUT, REIBMAN AND O'PAKE,
MARCH 13, 1989
REFERRED TO JUDICIARY, MARCH 13, 1989
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for registration of habitual
3 child sex offenders; and providing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 93
9 REGISTRATION OF HABITUAL CHILD SEX OFFENDERS
10 Sec.
11 9301. Definitions.
12 9302. Duty to register.
13 9303. Discharge of habitual child sex offender from penal
14 institution; duties of official in charge.
15 9304. Duties of court.
16 9305. Change of address.
17 9306. Duration of registration.
18 9307. Registration requirements.
1 9308. Public inspection of registration data prohibited.
2 9309. Penalty.
3 § 9301. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Habitual child sex offender." A person who is convicted for
8 a second or subsequent time of an offense enumerated in Chapter
9 31 (relating to sexual offenses) or section 6312 (relating to
10 sexual abuse of children) if the victim is 17 years of age or
11 younger.
12 (1) A conviction of attempt to commit an offense defined
13 in this section shall constitute a conviction for the
14 purposes of this chapter.
15 (2) Convictions which result from or are connected with
16 the same act, or result from offenses committed at the same
17 time, shall be counted as one conviction.
18 (3) A conviction set aside pursuant to law is not a
19 conviction for the purposes of this chapter.
20 (4) A conviction of an offense under the law of another
21 state which is substantially equivalent to an offense
22 enumerated in Chapter 31 or section 6312 shall constitute a
23 conviction for the purpose of this chapter.
24 § 9302. Duty to register.
25 A habitual child sex offender shall, within 30 days of his
26 coming into any county in which he resides or is temporarily
27 domiciled for more than 30 days, register with the chief of
28 police of the jurisdiction in which he resides or, in the event
29 there is no police chief, with the Pennsylvania State Police.
30 § 9303. Discharge of habitual child sex offender from penal
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1 institution; duties of official in charge.
2 A habitual child sex offender who is discharged or paroled
3 from a prison, hospital or other institution or facility where
4 he was confined because of a conviction of one of the offenses
5 defined in section 9301 (relating to definitions) shall, prior
6 to discharge, parole or release, be informed of his duty to
7 register under this chapter by the institution or facility in
8 which he was confined. The institution or facility shall require
9 the person to read and sign a form prepared by the Pennsylvania
10 State Police stating that the duty to register and the procedure
11 for registration has been explained to him. The institution or
12 facility shall obtain the address where the person expects to
13 reside upon his discharge, parole or release and shall report
14 the address to the Pennsylvania State Police. The institution or
15 facility shall give one copy of the form to the person and shall
16 send two copies to the Pennsylvania State Police who shall
17 forward one copy to the chief of police of the jurisdiction
18 where the person expects to reside upon his discharge, parole or
19 release.
20 § 9304. Duties of court.
21 (a) Upon conviction.--Upon conviction of an offense defined
22 in section 9301 (relating to definitions), the court shall
23 certify that the person is a habitual child sex offender and
24 shall include the certification in the order of commitment.
25 (b) Upon release.--A habitual child sex offender who is
26 released on probation or discharged upon payment of a fine
27 because of the commission of, or attempt to commit, one of the
28 offenses defined in section 9301 shall, prior to release, be
29 informed of his duty to register under this chapter by the court
30 in which he was convicted. The court shall require the person to
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1 read and sign a form prepared by the Pennsylvania State Police
2 stating that the duty to register and the procedure for
3 registration has been explained to him. The court shall obtain
4 the address where the person expects to reside upon his release
5 and shall report the address to the Pennsylvania State Police.
6 The court shall give one copy of the form to the person and
7 shall send two copies to the Pennsylvania State Police who shall
8 forward one copy to the chief of police of the jurisdiction
9 where the person expects to reside upon his release.
10 § 9305. Change of address.
11 If any person required to register under this chapter changes
12 his residence address, he shall inform the chief of police of
13 the jurisdiction with whom he last registered of his new
14 address, in writing, within ten days. The chief of police of the
15 jurisdiction shall, within three days of receipt, forward the
16 information to the Pennsylvania State Police and to the chief of
17 police of the jurisdiction of the new place of residence.
18 § 9306. Duration of registration.
19 A person required to register under this chapter shall be
20 required to register for a period of ten years after conviction,
21 if not confined to a penal institution, hospital or any other
22 institution or facility. If so confined, the person shall be
23 required to register for a period of ten years after parole,
24 discharge or release from the facility. Liability for
25 registration terminates only if the person does not during the
26 applicable ten-year period again become liable to register under
27 the provisions of this chapter.
28 § 9307. Registration requirements.
29 Registration under this chapter shall consist of a statement
30 in writing signed by the registrant giving such information as
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1 may be required by the Pennsylvania State Police, which may
2 include the fingerprints and photograph of the applicant. Within
3 three days, the registering chief of police of the jurisdiction
4 shall forward the statement and any other required information
5 to the Pennsylvania State Police.
6 § 9308. Public inspection of registration data prohibited.
7 The statements or any other information required by this
8 chapter shall not be open to inspection by the public, or by any
9 person other than the chief of police of the jurisdiction or
10 other individual as may be authorized by law. A person who
11 permits the unauthorized release of information required by this
12 chapter commits a misdemeanor of the third degree.
13 § 9309. Penalty.
14 A person required to register under this chapter who violates
15 any of its provisions commits a misdemeanor of the second
16 degree.
17 Section 2. This act shall take effect in 90 days.
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