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| PRIOR PRINTER'S NOS. 836, 1710 | PRINTER'S NO. 1895 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW, PILEGGI, WILLIAMS AND FARNESE, MARCH 11, 2011 |
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| AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JANUARY 17, 2012 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in juvenile matters, |
3 | providing for disposition information; in registration of | <-- |
4 | sexual offenders, further providing for legislative findings |
5 | and declaration of policy, for definitions, for registration, |
6 | for registration procedures and applicability, for sentencing |
7 | court information, for verification of residence, for victim |
8 | notification, for other notification, for information made |
9 | available on the Internet and for duties of Pennsylvania |
10 | State Police; and making editorial changes further providing | <-- |
11 | for disposition of delinquent child. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 6352 of Title 42 of the Pennsylvania |
15 | Consolidated Statutes is amended by adding a subsection to read: |
16 | § 6352. Disposition of delinquent child. |
17 | * * * |
18 | (c) Required statement of reasons.--Prior to entering an |
19 | order of disposition under subsection (a), the court shall state |
20 | its disposition and the reasons for its disposition on the | <-- |
21 | record in open court, together with the goals, terms and |
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1 | conditions of that disposition. If the child is to be committed |
2 | to out-of-home placement, the court shall also state the name of |
3 | the specific facility, or type of facility, to which the child |
4 | will be committed and its findings and conclusions of law that | <-- |
5 | formed the basis of its decision consistent with subsection (a) |
6 | and section 6301, including the reasons why commitment to that |
7 | facility, or type of facility, was determined to be the least |
8 | restrictive placement that is consistent with the protection of |
9 | the public interest and best suited to the child's treatment, |
10 | supervision, rehabilitation and welfare. |
11 | Section 2. Section 9791 of Title 42 is amended to read: | <-- |
12 | § 9791. Legislative findings and declaration of policy. |
13 | (a) Legislative findings.--It is hereby determined and |
14 | declared as a matter of legislative finding: |
15 | (1) If the public is provided adequate notice and |
16 | information about sexually violent predators and certain |
17 | other offenders, including those sexually violent predators |
18 | and offenders who do not have a fixed place of habitation or |
19 | abode, the community can develop constructive plans to |
20 | prepare themselves and their children for the offender's |
21 | release. This allows communities to meet with law enforcement |
22 | to prepare and obtain information about the rights and |
23 | responsibilities of the community and to provide education |
24 | and counseling to their children. |
25 | (2) These sexually violent predators pose a high risk of |
26 | engaging in further offenses even after being released from |
27 | incarceration or commitments and that protection of the |
28 | public from this type of offender is a paramount governmental |
29 | interest. |
30 | (3) The penal and mental health components of our |
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1 | justice system are largely hidden from public view and lack |
2 | of information from either may result in failure of both |
3 | systems to meet this paramount concern of public safety. |
4 | (4) Overly restrictive confidentiality and liability |
5 | laws governing the release of information about sexually |
6 | violent predators have reduced the willingness to release |
7 | information that could be appropriately released under the |
8 | public disclosure laws and have increased risks to public |
9 | safety. |
10 | (5) Persons found to have committed such an offense have |
11 | a reduced expectation of privacy because of the public's |
12 | interest in public safety and in the effective operation of |
13 | government. |
14 | (6) Release of information about sexually violent |
15 | predators to public agencies and the general public will |
16 | further the governmental interests of public safety and |
17 | public scrutiny of the criminal and mental health systems so |
18 | long as the information released is rationally related to the |
19 | furtherance of those goals. |
20 | [(b) Declaration of policy.--It is hereby declared to be the |
21 | intention of the General Assembly to protect the safety and |
22 | general welfare of the people of this Commonwealth by providing |
23 | for registration and community notification regarding sexually |
24 | violent predators who are about to be released from custody and |
25 | will live in or near their neighborhood. It is further declared |
26 | to be the policy of this Commonwealth to require the exchange of |
27 | relevant information about sexually violent predators among |
28 | public agencies and officials and to authorize the release of |
29 | necessary and relevant information about sexually violent |
30 | predators to members of the general public as a means of |
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1 | assuring public protection and shall not be construed as |
2 | punitive.] |
3 | (b) Declaration of policy.--It is hereby declared to be the |
4 | intention of the General Assembly to: |
5 | (1) Protect the safety and general welfare of the people |
6 | of this Commonwealth by providing for registration and |
7 | community notification regarding sexually violent predators |
8 | who are about to be released from custody and will live in or |
9 | near their neighborhood. |
10 | (2) Require the exchange of relevant information about |
11 | sexually violent predators among public agencies and |
12 | officials and to authorize the release of necessary and |
13 | relevant information about sexually violent predators to |
14 | members of the general public as a means of assuring public |
15 | protection and shall not be construed as punitive. |
16 | (3) Address the Superior Court's opinion in the case of |
17 | Commonwealth v. Wilgus, 975 A.2d 1183 (2009) by requiring |
18 | offenders and sexually violent predators without a fixed |
19 | place of habitation or abode to register under this |
20 | subchapter. |
21 | Section 3. The definitions of "passive notification" and |
22 | "residence" in section 9792 of Title 42 are amended to read: |
23 | § 9792. Definitions. |
24 | The following words and phrases when used in this subchapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | * * * |
28 | "Passive notification." Notification pursuant to section |
29 | 9798.1 (relating to information made available on the Internet |
30 | and electronic notification) or any process whereby persons, |
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1 | pursuant to the laws of the United States or one of its |
2 | territories or possessions, another state, the District of |
3 | Columbia, the Commonwealth of Puerto Rico or a foreign nation, |
4 | are able to access information pertaining to an individual as a |
5 | result of the individual having been convicted or sentenced by a |
6 | court for an offense similar to an offense listed in section |
7 | 9795.1 (relating to registration). |
8 | * * * |
9 | "Residence." [A location where an individual resides or is |
10 | domiciled or intends to be domiciled for 30 consecutive days or |
11 | more during a calendar year.] With respect to an individual |
12 | required to register under this subchapter, any of the |
13 | following: |
14 | (1) A location where an individual resides or is |
15 | domiciled or intends to be domiciled for 30 consecutive days |
16 | or more during a calendar year. |
17 | (2) In the case of an individual who fails to establish |
18 | a residence as set forth in paragraph (1), a temporary |
19 | habitat or other temporary place of abode or dwelling, |
20 | including a homeless shelter or park, where the individual is |
21 | lodged. |
22 | * * * |
23 | Section 4. Sections 9795.1(a) and (b), 9795.2(a)(2)(i), (b) |
24 | (4) introductory paragraph and (i) and (5) introductory |
25 | paragraph and (c)(1) and (3), 9795.3(2), (2.1) and (3) and |
26 | 9795.5(a)(1) of Title 42 are amended to read: |
27 | § 9795.1. Registration. |
28 | (a) Ten-year registration.--The following individuals shall |
29 | be required to register with the Pennsylvania State Police for a |
30 | period of ten years: |
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1 | (1) Individuals convicted of any of the following |
2 | offenses: |
3 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
4 | victim is a minor. |
5 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
6 | motor vehicle or structure). |
7 | 18 Pa.C.S. § 3124.2 (relating to institutional sexual |
8 | assault). |
9 | 18 Pa.C.S. § 3126 (relating to indecent assault) |
10 | where the offense is graded as a misdemeanor of the first |
11 | degree or higher. |
12 | 18 Pa.C.S. § 4302 (relating to incest) where the |
13 | victim is 12 years of age or older but under 18 years of |
14 | age. |
15 | 18 Pa.C.S. § 5902(b) (relating to prostitution and |
16 | related offenses) where the actor promotes the |
17 | prostitution of a minor. |
18 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
19 | obscene and other sexual materials and performances) |
20 | where the victim is a minor. |
21 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
22 | children). |
23 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
24 | minor). |
25 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
26 | children). |
27 | (2) Individuals convicted of an attempt, conspiracy or |
28 | solicitation to commit any of the offenses under paragraph |
29 | (1) or subsection (b)(2). |
30 | (3) Individuals [currently residing] who currently have |
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1 | a residence in this Commonwealth who have been convicted of |
2 | offenses similar to the crimes cited in paragraphs (1) and |
3 | (2) under the laws of the United States or one of its |
4 | territories or possessions, another state, the District of |
5 | Columbia, the Commonwealth of Puerto Rico or a foreign nation |
6 | or under a former law of this Commonwealth. |
7 | (b) Lifetime registration.--The following individuals shall |
8 | be subject to lifetime registration: |
9 | (1) An individual with two or more convictions of any of |
10 | the offenses set forth in subsection (a). |
11 | [(2) Individuals convicted of any of the following |
12 | offenses: |
13 | 18 Pa.C.S. § 3121 (relating to rape). |
14 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
15 | sexual intercourse). |
16 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
17 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
18 | assault). |
19 | 18 Pa.C.S. § 4302 (relating to incest) when the |
20 | victim is under 12 years of age. |
21 | (3) Sexually violent predators. |
22 | (4) Individuals currently residing in this Commonwealth |
23 | who have been convicted of offenses similar to the crimes |
24 | cited in paragraph (2) under the laws of the United States or |
25 | one of its territories or possessions, another state, the |
26 | District of Columbia, the Commonwealth of Puerto Rico or a |
27 | foreign nation or under a former law of this Commonwealth.] |
28 | (2) Individuals convicted: |
29 | (i) in this Commonwealth of the following offenses: |
30 | 18 Pa.C.S. § 3121 (relating to rape). |
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1 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
2 | sexual intercourse). |
3 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
4 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
5 | assault). |
6 | 18 Pa.C.S. § 4302 (relating to incest) when the |
7 | victim is under 12 years of age. |
8 | (ii) of offenses similar to the crimes cited in |
9 | paragraph (2)(i) under the laws of the United States or |
10 | one of its territories or possessions, another state, the |
11 | District of Columbia, the Commonwealth of Puerto Rico or |
12 | a foreign nation or under a former law of this |
13 | Commonwealth who currently reside in this Commonwealth. |
14 | (3) Sexually violent predators. |
15 | * * * |
16 | § 9795.2. Registration procedures and applicability. |
17 | (a) Registration.-- |
18 | * * * |
19 | (2) Offenders and sexually violent predators shall |
20 | inform the Pennsylvania State Police within 48 hours of: |
21 | (i) Any change of residence or establishment of an |
22 | additional residence or residences. In the case of an |
23 | individual who has a residence as defined in paragraph |
24 | (2) of the definition of "residence" set forth in section |
25 | 9792 (relating to definitions), the individual shall |
26 | inform the Pennsylvania State Police of the following: |
27 | (A) the location of a temporary habitat or other |
28 | temporary place of abode or dwelling, including a |
29 | homeless shelter or park, where the individual is |
30 | lodged; |
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1 | (B) a list of places the individual eats, |
2 | frequents and engages in leisure activities and any |
3 | planned destinations, including those outside this |
4 | Commonwealth; and |
5 | (C) the place the individual receives mail, |
6 | including a post office box. |
7 | The duty to provide the information set forth in this |
8 | subparagraph shall apply until the individual establishes |
9 | a residence as defined in paragraph (1) of the definition |
10 | of "residence" set forth in section 9792. If the |
11 | individual who has a residence as defined in paragraph |
12 | (2) of the definition of "residence" set forth in section |
13 | 9792 changes or adds to the places listed in this |
14 | subparagraph during a 30-day period, the individual shall |
15 | list these when re-registering during the next 30-day |
16 | period. |
17 | * * * |
18 | (b) Individuals convicted or sentenced by a court or |
19 | adjudicated delinquent in jurisdictions outside this |
20 | Commonwealth or sentenced by court martial.-- |
21 | (4) An individual who [resides] has a residence, is |
22 | employed or is a student in this Commonwealth and who has |
23 | been convicted of or sentenced by a court or court martialed |
24 | for a sexually violent offense or a similar offense under the |
25 | laws of the United States or one of its territories or |
26 | possessions, another state, the District of Columbia, the |
27 | Commonwealth of Puerto Rico or a foreign nation, or who was |
28 | required to register under a sexual offender statute in the |
29 | jurisdiction where convicted, sentenced or court martialed, |
30 | shall register at an approved registration site within 48 |
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1 | hours of the individual's arrival in this Commonwealth. The |
2 | provisions of this subchapter shall apply to the individual |
3 | as follows: |
4 | (i) If the individual has been classified as a |
5 | sexually violent predator as defined in section 9792 |
6 | (relating to definitions) or determined under the laws of |
7 | the other jurisdiction or by reason of court martial to |
8 | be subject to active notification and lifetime |
9 | registration on the basis of a statutorily authorized |
10 | administrative or judicial decision or on the basis of a |
11 | statute or administrative rule requiring active |
12 | notification and lifetime registration based solely on |
13 | the offense for which the individual was convicted, |
14 | sentenced or court martialed, the individual shall, |
15 | notwithstanding section 9792, be considered a sexually |
16 | violent predator and subject to lifetime registration |
17 | pursuant to section 9795.1(b) (relating to registration). |
18 | The individual shall also be subject to the provisions of |
19 | this section and sections 9796 (relating to verification |
20 | of residence), 9798 (relating to other notification) and |
21 | 9798.1(c)(1) (relating to information made available on |
22 | the Internet and electronic notification), except that |
23 | the individual shall not be required to receive |
24 | counseling unless required to do so by the other |
25 | jurisdiction or by reason of court martial. |
26 | * * * |
27 | (5) Notwithstanding the provisions of Chapter 63 |
28 | (relating to juvenile matters) and except as provided in |
29 | paragraph (4), an individual who [resides] has a residence, |
30 | is employed or is a student in this Commonwealth and who is |
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1 | required to register as a sex offender under the laws of the |
2 | United States or one of its territories or possessions, |
3 | another state, the District of Columbia, the Commonwealth of |
4 | Puerto Rico or a foreign nation as a result of a juvenile |
5 | adjudication shall register at an approved registration site |
6 | within 48 hours of the individual's arrival in this |
7 | Commonwealth. The provisions of this subchapter shall apply |
8 | to the individual as follows: |
9 | * * * |
10 | (c) Registration information to local police.-- |
11 | (1) The Pennsylvania State Police shall provide the |
12 | information obtained under this section and sections 9795.3 |
13 | (relating to sentencing court information) and 9796 (relating |
14 | to verification of residence) to the chief law enforcement |
15 | officers of the police departments of the municipalities in |
16 | which the individual will [reside,] establish a residence or |
17 | be employed or enrolled as a student. In addition, the |
18 | Pennsylvania State Police shall provide this officer with the |
19 | address at which the individual will [reside,] establish a |
20 | residence or be employed or enrolled as a student following |
21 | his release from incarceration, parole or probation. |
22 | * * * |
23 | (3) The Pennsylvania State Police shall provide notice |
24 | to the chief law enforcement officers of the police |
25 | departments of the municipalities notified pursuant to |
26 | paragraph (1) when they are in receipt of information |
27 | indicating that the individual will no longer [reside] have a |
28 | residence, be employed or be enrolled as a student in the |
29 | municipality. |
30 | * * * |
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1 | § 9795.3. Sentencing court information. |
2 | The sentencing court shall inform offenders and sexually |
3 | violent predators at the time of sentencing of the provisions of |
4 | this subchapter. The court shall: |
5 | * * * |
6 | (2) Specifically inform the offender or sexually violent |
7 | predator of the duty to inform the Pennsylvania State Police |
8 | within [ten days] 48 hours if the offender or sexually |
9 | violent predator changes residence or establishes an |
10 | additional residence or residences, changes employer or |
11 | employment location for a period of time that will exceed 14 |
12 | days or for an aggregate period of time that will exceed 30 |
13 | days during any calendar year or terminates employment or |
14 | changes institution or location at which the person is |
15 | enrolled as a student or terminates enrollment. In order to |
16 | fulfill the requirements of this paragraph, the sentencing |
17 | court shall specifically inform the offender or sexually |
18 | violent predator of the duty to inform the Pennsylvania State |
19 | Police of: |
20 | (i) the location of a temporary habitat or other |
21 | temporary place of abode or dwelling, including a |
22 | homeless shelter or park, where the individual is lodged; |
23 | (ii) the places the individual eats, frequents and |
24 | engages in leisure activities and any planned |
25 | destinations, including those outside this Commonwealth; |
26 | and |
27 | (iii) the place the individual receives mail, |
28 | including a post office box, |
29 | if the individual fails to establish a residence as defined |
30 | in paragraph (1) of the definition of "residence" set forth |
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1 | in section 9792. |
2 | (2.1) Specifically inform the offender or sexually |
3 | violent predator of the duty to inform the Pennsylvania State |
4 | Police within [ten days] 48 hours of becoming employed or |
5 | enrolled as a student if the person has not previously |
6 | provided that information to the Pennsylvania State Police. |
7 | (3) Specifically inform the offender or sexually violent |
8 | predator of the duty to register with a new law enforcement |
9 | agency if the offender or sexually violent predator moves to |
10 | another state no later than [ten days] 48 hours after |
11 | establishing residence in another state. |
12 | * * * |
13 | § 9795.5. Exemption from certain notifications. |
14 | (a) Lifetime registrants not classified as sexually violent |
15 | predators.-- |
16 | (1) An individual required to register under section |
17 | 9795.1 (relating to registration) who is not a sexually |
18 | violent predator may petition the sentencing court to be |
19 | exempt from the application of section 9798.1 (relating to |
20 | information made available on the Internet and electronic |
21 | notification) provided no less than 20 years have passed |
22 | since the individual has been convicted in this or any other |
23 | jurisdiction of any offense punishable by imprisonment for |
24 | more than one year, or the individual's release from custody |
25 | following the individual's most recent conviction for any |
26 | such offense, whichever is later. |
27 | * * * |
28 | Section 5. Section 9796(d) and (f) of Title 42 are amended |
29 | and the section is amended by adding subsections to read: |
30 | § 9796. Verification of residence. |
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1 | * * * |
2 | (b.2) Monthly verification by individuals with temporary |
3 | habitats located within this Commonwealth.--The Pennsylvania |
4 | State Police shall verify the residence of individuals required |
5 | to register under this subchapter who have a residence as |
6 | defined in paragraph (2) of the definition of "residence" set |
7 | forth in section 9792 (relating to definitions) every 30 days |
8 | through the use of a nonforwardable verification form to the |
9 | last reported location where the individual receives mail. The |
10 | individual shall appear every 30 days at an approved |
11 | registration site to complete a verification form and to be |
12 | photographed. The individual shall appear within 48 hours of the |
13 | date designated by the Pennsylvania State Police. |
14 | (b.3) Facilitation of monthly verification.--The |
15 | Pennsylvania State Police shall facilitate and administer the |
16 | verification process required by subsection (b.2) by: |
17 | (1) sending a notice by first class United States mail |
18 | to an individual required to register under this subchapter |
19 | who has a residence as defined in paragraph (2) of the |
20 | definition of "residence" set forth in section 9792 at the |
21 | last reported location where the individual receives mail. |
22 | This notice shall be sent not more than ten days nor less |
23 | than five days prior to each of the monthly verification |
24 | periods and shall remind the individual of the monthly |
25 | verification requirement and provide a list of approved |
26 | registration sites; and |
27 | (2) providing verification and compliance forms as |
28 | necessary to each approved registration site. |
29 | * * * |
30 | (d) Failure to provide verification.--Where an offender or |
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1 | sexually violent predator fails to provide verification of |
2 | residence defined in paragraph (1) of the definition of |
3 | "residence" set forth in section 9792 within the ten-day period |
4 | or the 48-hour period in the case of an offender or sexually |
5 | violent predator who has a residence as defined in paragraph (2) |
6 | of the definition of "residence" set forth in section 9792, as |
7 | set forth in this section, the Pennsylvania State Police shall |
8 | immediately notify the municipal police department of the |
9 | offender's or the sexually violent predator's last verified |
10 | residence. The local municipal police shall locate the offender |
11 | or sexually violent predator and arrest him for violating this |
12 | section. The Pennsylvania State Police shall assume |
13 | responsibility for locating the offender or sexually violent |
14 | predator and arresting him in jurisdictions where no municipal |
15 | police jurisdiction exists. The Pennsylvania State Police shall |
16 | assist any municipal police department requesting assistance |
17 | with locating and arresting an offender or sexually violent |
18 | predator who fails to verify his residence. |
19 | * * * |
20 | (f) Effect of notice.--Neither failure on the part of the |
21 | Pennsylvania State Police to send nor failure of a sexually |
22 | violent predator or offender to receive any notice or |
23 | information under subsection (a.1) [or (b.1)], (b.1) or (b.3) |
24 | shall relieve that predator or offender from the requirements of |
25 | this subchapter. |
26 | Section 6. Sections 9797, 9798(a)(1)(ii) and (b), 9798.1 and |
27 | 9799.1(2) and (4) of Title 42 are amended to read: |
28 | § 9797. Victim notification. |
29 | (a) Duty to inform victim.-- |
30 | (1) Where the individual is determined to be a sexually |
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1 | violent predator by a court under section 9795.4 (relating to |
2 | assessments), the local municipal police department or the |
3 | Pennsylvania State Police where no municipal police |
4 | jurisdiction exists shall give written notice to the sexually |
5 | violent predator's victim when the sexually violent predator |
6 | registers initially and when he notifies the Pennsylvania |
7 | State Police of any change of residence. [This] In the case |
8 | of a sexually violent predator who has a residence as defined |
9 | in paragraph (1) of the definition of "residence" set forth |
10 | in section 9792 (relating to definitions), notice shall be |
11 | given within 72 hours after the sexually violent predator |
12 | registers or notifies the Pennsylvania State Police of a |
13 | change of address. The notice shall contain the sexually |
14 | violent predator's name and the address or addresses where |
15 | [he resides.] the individual has a residence. In the case of |
16 | a sexually violent predator who has a residence as defined in |
17 | paragraph (2) of the definition of "residence" set forth in |
18 | section 9792, the notice shall contain the sexually violent |
19 | predator's name and the information set forth in section |
20 | 9795.2(a)(2)(i)(A) and (B) (relating to registration |
21 | procedures and applicability). The notice shall be given to |
22 | the victim within 72 hours after the sexually violent |
23 | predator registers or notifies the Pennsylvania State Police |
24 | of a change of residence. |
25 | (2) A victim may terminate the duty to inform set forth |
26 | in paragraph (1) by providing the local municipal police |
27 | department or the Pennsylvania State Police where no local |
28 | municipal police department exists with a written statement |
29 | releasing that agency from the duty to comply with this |
30 | section as it pertains to that victim. |
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1 | (b) Where an individual is not determined to be a sexually |
2 | violent predator.--Where an individual is not determined to be a |
3 | sexually violent predator by a court under section 9795.4, the |
4 | victim shall be notified in accordance with section 201 of the |
5 | act of November 24, 1998 (P.L.882, No.111), known as the Crime |
6 | Victims Act. This subsection includes the circumstance of an |
7 | offender having a residence as defined in paragraph (2) of the |
8 | definition of "residence" set forth in section 9792. |
9 | § 9798. Other notification. |
10 | (a) Notice by municipality's chief law enforcement |
11 | officer.--Notwithstanding any of the provisions of 18 Pa.C.S. |
12 | Ch. 91 (relating to criminal history record information), the |
13 | chief law enforcement officer of the full-time or part-time |
14 | police department of the municipality where a sexually violent |
15 | predator lives shall be responsible for providing written notice |
16 | as required under this section. |
17 | (1) The notice shall contain: |
18 | * * * |
19 | (ii) The address or addresses at which [he resides] |
20 | the sexually violent predator has a residence. If, |
21 | however, the sexually violent predator has a residence as |
22 | defined in paragraph (2) of the definition of "residence" |
23 | set forth in section 9792 (relating to definitions), the |
24 | notice shall be limited to that set forth in section |
25 | 9795.2(a)(2)(i)(C) (relating to registration procedures |
26 | and applicability). |
27 | * * * |
28 | (b) To whom written notice is provided.--The chief law |
29 | enforcement officer shall provide written notice, under |
30 | subsection (a), to the following persons: |
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1 | (1) Neighbors of the sexually violent predator. As used |
2 | in this paragraph, where the sexually violent predator lives |
3 | in a common interest community, the term "neighbor" includes |
4 | the unit owners' association and residents of the common |
5 | interest community. |
6 | (2) The director of the county children and youth |
7 | service agency of the county where the sexually violent |
8 | predator [resides] has a residence. |
9 | (3) The superintendent of each school district and the |
10 | equivalent official for private and parochial schools |
11 | enrolling students up through grade 12 in the municipality |
12 | where the sexually violent predator [resides] has a |
13 | residence. |
14 | (3.1) The superintendent of each school district and the |
15 | equivalent official for each private and parochial school |
16 | located within a one-mile radius of where the sexually |
17 | violent predator [resides] has a residence. |
18 | (4) The licensee of each certified day care center and |
19 | licensed preschool program and owner/operator of each |
20 | registered family day care home in the municipality where the |
21 | sexually violent predator [resides] has a residence. |
22 | (5) The president of each college, university and |
23 | community college located within 1,000 feet of a sexually |
24 | violent predator's residence. |
25 | * * * |
26 | § 9798.1. Information made available on the Internet and |
27 | electronic notification. |
28 | (a) Legislative findings.--It is hereby declared to be the |
29 | finding of the General Assembly that public safety will be |
30 | enhanced by making information about sexually violent predators, |
|
1 | lifetime registrants and other sex offenders available to the |
2 | public through the Internet and electronic notification. |
3 | Knowledge of whether a person is a sexually violent predator, |
4 | lifetime registrant or other sex offender could be a significant |
5 | factor in protecting oneself and one's family members, or those |
6 | in care of a group or community organization, from recidivist |
7 | acts by sexually violent predators, lifetime registrants and |
8 | other sex offenders. The technology afforded by the Internet and |
9 | electronic notification would make this information readily |
10 | accessible to parents and private entities, enabling them to |
11 | undertake appropriate remedial precautions to prevent or avoid |
12 | placing potential victims at risk. Public access to information |
13 | about sexually violent predators, lifetime registrants and other |
14 | sex offenders is intended solely as a means of public protection |
15 | and shall not be construed as punitive. |
16 | (b) Internet posting of sexually violent predators, lifetime |
17 | registrants [and], other offenders and electronic |
18 | notification.--The Commissioner of the Pennsylvania State Police |
19 | shall, in the manner and form directed by the Governor: |
20 | (1) Develop and maintain a system for making the |
21 | information described in subsection (c) publicly available by |
22 | electronic means so that the public may, without limitation, |
23 | obtain access to the information via an Internet website to |
24 | view an individual record or the records of all sexually |
25 | violent predators, lifetime registrants and other offenders |
26 | who are registered with the Pennsylvania State Police. |
27 | (2) Ensure that the Internet website contains warnings |
28 | that any person who uses the information contained therein to |
29 | threaten, intimidate or harass another or who otherwise |
30 | misuses that information may be criminally prosecuted. |
|
1 | (3) Ensure that the Internet website contains an |
2 | explanation of its limitations, including statements advising |
3 | that a positive identification of a sexually violent |
4 | predator, lifetime registrant or other offender whose record |
5 | has been made available may be confirmed only by |
6 | fingerprints; that some information contained on the Internet |
7 | website may be outdated or inaccurate; and that the Internet |
8 | website is not a comprehensive listing of every person who |
9 | has ever committed a sex offense in Pennsylvania. |
10 | (4) Strive to ensure that: |
11 | (i) the information contained on the Internet |
12 | website is accurate; |
13 | (ii) the data therein is revised and updated as |
14 | appropriate in a timely and efficient manner; and |
15 | (iii) instructions are included on how to seek |
16 | correction of information which a person contends is |
17 | erroneous. |
18 | (5) Provide on the Internet website general information |
19 | designed to inform and educate the public about sex offenders |
20 | and sexually violent predators and the operation of this |
21 | subchapter as well as pertinent and appropriate information |
22 | concerning crime prevention and personal safety, with |
23 | appropriate links to other relevant Internet websites |
24 | operated by the Commonwealth of Pennsylvania. |
25 | (6) Identify when the victim is a minor with a special |
26 | designation. The identity of a victim of a sex offense shall |
27 | not be published or posted on the Internet website. |
28 | (7) Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
29 | criminal history record information), develop, implement and |
30 | maintain a process which allows members of the public to |
|
1 | receive electronic notification when an individual required |
2 | to register under this subchapter moves into or out of a |
3 | user-designated location. |
4 | (c) Information permitted to be disclosed regarding |
5 | individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to |
6 | criminal history record information), the Internet website shall |
7 | contain the following information on each individual: |
8 | (1) For sexually violent predators, the following |
9 | information shall be posted on the Internet website: |
10 | (i) name and all known aliases; |
11 | (ii) year of birth; |
12 | (iii) in the case of an individual who has a |
13 | residence as defined in paragraph (1) of the definition |
14 | of "residence" set forth in section 9792 (relating to |
15 | definitions), the street address, municipality, county |
16 | and zip code of all residences, including, where |
17 | applicable, the name of the prison or other place of |
18 | confinement; |
19 | (iv) the street address, municipality, county, zip |
20 | code and name of any institution or location at which the |
21 | person is enrolled as a student; |
22 | (v) the municipality, county and zip code of any |
23 | employment location; |
24 | (vi) a photograph of the offender, which shall be |
25 | updated not less than annually; |
26 | (vii) a physical description of the offender, |
27 | including sex, height, weight, eye color, hair color and |
28 | race; |
29 | (viii) any identifying marks, including scars, |
30 | birthmarks and tattoos; |
|
1 | (ix) the license plate number and description of any |
2 | vehicle owned or registered to the offender; |
3 | (x) whether the offender is currently compliant with |
4 | registration requirements; |
5 | (xi) whether the victim is a minor; |
6 | (xii) a description of the offense or offenses which |
7 | triggered the application of this subchapter; [and] |
8 | (xiii) the date of the offense and conviction, if |
9 | available; and |
10 | (xiv) in the case of an individual who has a |
11 | residence as defined in paragraph (2) of the definition |
12 | of "residence" set forth in section 9792, the information |
13 | listed in section 9795.2(a)(2)(i)(C) (relating to |
14 | registration procedures and applicability), including, |
15 | where applicable, the name of the prison or other place |
16 | of confinement. |
17 | (2) For all other lifetime registrants and offenders |
18 | subject to registration, the information set forth in |
19 | paragraph (1) shall be posted on the Internet website. |
20 | (d) Duration of Internet posting.-- |
21 | (1) The information listed in subsection (c) about a |
22 | sexually violent predator shall be made available on the |
23 | Internet for the lifetime of the sexually violent predator. |
24 | (2) The information listed in subsection (c) about an |
25 | offender who is subject to lifetime registration shall be |
26 | made available on the Internet for the lifetime of the |
27 | offender unless the offender is granted relief under section |
28 | 9795.5 (relating to exemption from certain notifications). |
29 | (3) The information listed in subsection (c) about any |
30 | other offender subject to registration shall be made |
|
1 | available on the Internet for the entire period during which |
2 | the offender is required to register, including any extension |
3 | of this period pursuant to 9795.2(a)(3) (relating to |
4 | registration procedures and applicability). |
5 | § 9799.1. Duties of Pennsylvania State Police. |
6 | The Pennsylvania State Police shall: |
7 | * * * |
8 | (2) In consultation with the Department of Corrections, |
9 | the Office of Attorney General, the Pennsylvania Board of |
10 | Probation and Parole and the chairman and the minority |
11 | chairman of the Judiciary Committee of the Senate and the |
12 | chairman and the minority chairman of the Judiciary Committee |
13 | of the House of Representatives, promulgate guidelines |
14 | necessary for the general administration of this subchapter. |
15 | These guidelines shall establish procedures to allow an |
16 | individual subject to the requirements of sections 9795.1 |
17 | (relating to registration) and 9796 (relating to verification |
18 | of residence) to fulfill these requirements at approved |
19 | registration sites throughout this Commonwealth. This |
20 | paragraph includes the duty to establish procedures to allow |
21 | an individual who has a residence as defined in paragraph (2) |
22 | of the definition of "residence" set forth in section 9792 |
23 | (relating to definitions) to fulfill the requirements |
24 | regarding registration at approved registration sites |
25 | throughout this Commonwealth. The Pennsylvania State Police |
26 | shall publish a list of approved registration sites in the |
27 | Pennsylvania Bulletin and provide a list of approved |
28 | registration sites in any notices sent to individuals |
29 | required to register under section 9795.1. An approved |
30 | registration site shall be capable of submitting |
|
1 | fingerprints, photographs and any other information required |
2 | electronically to the Pennsylvania State Police. The |
3 | Pennsylvania State Police shall require that approved |
4 | registration sites submit fingerprints utilizing the |
5 | Integrated Automated Fingerprint Identification System or in |
6 | another manner and in such form as the Pennsylvania State |
7 | Police shall require. The Pennsylvania State Police shall |
8 | require that approved registration sites submit photographs |
9 | utilizing the Commonwealth Photo Imaging Network or in |
10 | another manner and in such form as the Pennsylvania State |
11 | Police shall require. Approved registration sites shall not |
12 | be limited to sites managed by the Pennsylvania State Police |
13 | and shall include sites managed by local law enforcement |
14 | agencies that meet the criteria for approved registration |
15 | sites set forth in this paragraph. |
16 | * * * |
17 | (4) Notify, within five days of receiving the offender's |
18 | or the sexually violent predator's registration, the chief |
19 | law enforcement officers of the police departments having |
20 | primary jurisdiction of the municipalities in which an |
21 | offender or sexually violent predator [resides] has a |
22 | residence, is employed or enrolled as a student of the fact |
23 | that the offender or sexually violent predator has been |
24 | registered with the Pennsylvania State Police pursuant to |
25 | sections 9795.2 (relating to registration procedures and |
26 | applicability) and 9796 (relating to verification of |
27 | residence). |
28 | * * * |
29 | Section 7. This act shall apply as follows: |
30 | (1) The following provisions shall apply to individuals |
|
1 | incarcerated on or after the effective date of this section: |
2 | (i) The amendment of 42 Pa.C.S. § 9791. |
3 | (ii) The amendment of the definition of "residence" |
4 | in 42 Pa.C.S. § 9792. |
5 | (iii) The amendment of 42 Pa.C.S. § 9795.1(a) and |
6 | (b). |
7 | (iv) The amendment of 42 Pa.C.S. § 9795.2(a)(2)(i), |
8 | (b)(4) introductory paragraph and (i) and (5) |
9 | introductory paragraph and (c)(1) and (3). |
10 | (v) The amendment of 42 Pa.C.S. § 9795.3(2), (2.1) |
11 | and (3). |
12 | (vi) The amendment or addition of 42 Pa.C.S. § |
13 | 9796(b.2), (b.3), (d) and (f). |
14 | (vii) The amendment of 42 Pa.C.S. § 9797. |
15 | (viii) The amendment of 42 Pa.C.S. § 9798(a)(1)(ii) |
16 | and (b). |
17 | (ix) The amendment of 42 Pa.C.S. § 9798.1. |
18 | (x) The amendment of 42 Pa.C.S. § 9799.1(2) and (4). |
19 | (2) This act shall not affect the requirements for |
20 | individuals registered pursuant to 42 Pa.C.S. Ch. 97 Subch. H |
21 | prior to the effective date of this section. |
22 | Section 8. This act shall take effect as follows: |
23 | (1) The following provisions shall take effect |
24 | immediately: |
25 | (i) This section. |
26 | (ii) The amendment of 42 Pa.C.S. § 9791. |
27 | (iii) The amendment of 42 Pa.C.S. § 9795.1(a) and |
28 | (b). |
29 | (iv) The amendment of 42 Pa.C.S. § 9798.1(a) and |
30 | (b)(7). |
|
1 | (v) The amendment of 42 Pa.C.S. § 9799.1(2). |
2 | (2) The remainder of this act shall take effect in 60 |
3 | days. |
4 | Section 2. This act shall take effect immediately. | <-- |
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