PRIOR PRINTER'S NOS. 1235, 1624, 1813 PRINTER'S NO. 1880
No. 944 Session of 2005
INTRODUCED BY ORIE, RAFFERTY, PUNT, COSTA, RHOADES, KITCHEN,
WONDERLING, PICCOLA, MUSTO, ERICKSON, REGOLA, MADIGAN, LOGAN,
D. WHITE, FONTANA, MELLOW, VANCE, PIPPY, BOSCOLA, WASHINGTON,
PILEGGI, WOZNIAK, STACK, ARMSTRONG, CORMAN, LAVALLE,
SCARNATI, KASUNIC, WENGER AND BROWNE, OCTOBER 18, 2005
AS AMENDED ON THIRD CONSIDERATION, JUNE 19, 2006
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, further providing for rape and for involuntary
4 deviate sexual intercourse; providing for loss of property
5 rights by certain offenders and for conduct relating to sex
6 offenders; further providing for failure to comply with
7 sexual offender registration requirements; defining "GPS" and
8 "GPS tracking device"; further providing for registration and
9 for registration procedures and applicability; providing for
10 GPS tracking, for restricted travel, for alert system and for
11 child protective zones; further providing for verification of
12 residence and for information made available on the Internet;
13 and making an appropriation.
14 The General Assembly hereby declares its intention to enact
15 versions of Jessica's Law and Megan's Law in this Commonwealth.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 3121(e) and 3123(d) of Title 18 of the
19 Pennsylvania Consolidated Statutes are amended and the sections
20 are amended by adding subsections to read:
21 § 3121. Rape.
22 * * *
1 (e) Sentences.--Notwithstanding the provisions of section <--
2 1103 (relating to sentence of imprisonment for felony), [a
3 person convicted of an offense under] all of the following
4 apply:
5 (1) [Subsection] Except as set forth in subsection (f),
6 a person convicted of an offense under subsection (c) shall
7 be sentenced to a minimum term of [imprisonment which shall
8 be fixed by the court at not more than 40 years] not less
9 than 25 years and up to a maximum term of 50 years of
10 imprisonment.
11 (2) [Subsection] Except as set forth in subsection (f),
12 a person convicted of an offense under subsection (d) shall
13 be sentenced [up] to a minimum term of 50 years and a maximum
14 term of life imprisonment.
15 (E) SENTENCES.-- <--
16 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 1103
17 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
18 UNDER 18 YEARS OF AGE CONVICTED OF AN OFFENSE UNDER:
19 [(1)] (I) SUBSECTION (C) SHALL BE SENTENCED TO A TERM OF
20 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
21 THAN 40 YEARS.
22 [(2)] (II) SUBSECTION (D) SHALL BE SENTENCED UP TO A
23 MAXIMUM TERM OF LIFE IMPRISONMENT.
24 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 1103, A
25 PERSON 18 YEARS OF AGE OR OLDER CONVICTED OF AN OFFENSE
26 UNDER:
27 (I) SUBSECTION (C) SHALL BE SENTENCED TO A MINIMUM
28 TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT
29 NOT LESS THAN 25 YEARS AND UP TO A MAXIMUM TERM OF 50
30 YEARS.
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1 (II) SUBSECTION (D) SHALL BE SENTENCED TO A MINIMUM
2 TERM OF 50 YEARS AND UP TO A MAXIMUM TERM OF LIFE
3 IMPRISONMENT.
4 (3) Notice of the applicability of this subsection shall
5 be provided to the defendant before trial. If such notice is
6 given, there shall be no authority in any court to impose on
7 an offender to which this subsection is applicable a lesser
8 sentence than provided herein or to place the offender on
9 probation, parole, work release or prerelease or to suspend
10 sentence. Nothing in this subsection shall prevent the
11 sentencing court from imposing a sentence greater than
12 provided herein. Sentencing guidelines promulgated by the
13 Pennsylvania Commission on Sentencing shall not supersede the
14 mandatory sentences provided herein. If a sentencing court
15 refuses to apply this subsection where applicable, the
16 Commonwealth shall have the right to appellate review of the
17 action of the sentencing court. The appellate court shall
18 vacate the sentence and remand the case to the sentencing
19 court for imposition of a sentence in accordance with this
20 subsection if it finds that the sentence was imposed in
21 violation of this subsection.
22 (f) Multiple victims.--A consecutive term of imprisonment
23 shall be imposed for each victim of an offense under subsection
24 (c) or (d).
25 § 3123. Involuntary deviate sexual intercourse.
26 * * *
27 (d) Sentences.--Notwithstanding the provisions of section <--
28 1103 (relating to sentence of imprisonment for felony), [a
29 person convicted of an offense under] all of the following
30 apply:
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1 (1) [Subsection] Except as set forth in subsection
2 (d.1), a person convicted of an offense under subsection (b)
3 shall be sentenced to a minimum term of [imprisonment which
4 shall be fixed by the court at not more than 40 years] not
5 less than 25 years and up to a maximum of 50 years of
6 imprisonment.
7 (2) [Subsection] Except as set forth in subsection
8 (d.1), a person convicted of an offense under subsection (c)
9 shall be sentenced [up] to a minimum term of 50 years and to
10 a maximum term of life imprisonment.
11 (D) SENTENCES.-- <--
12 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 1103
13 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON
14 UNDER 18 YEARS OF AGE CONVICTED OF AN OFFENSE UNDER:
15 [(1)] (I) SUBSECTION (B) SHALL BE SENTENCED TO A TERM OF
16 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE
17 THAN 40 YEARS.
18 [(2)] (II) SUBSECTION (C) SHALL BE SENTENCED UP TO A
19 MAXIMUM TERM OF LIFE IMPRISONMENT.
20 (2) NOTWITHSTANDING THE PROVISIONS OF SECTION 1103, A
21 PERSON 18 YEARS OF AGE OR OLDER CONVICTED OF AN OFFENSE
22 UNDER:
23 (I) SUBSECTION (B) SHALL BE SENTENCED TO A MINIMUM
24 TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT
25 NOT LESS THAN 25 YEARS AND UP TO A MAXIMUM TERM OF 50
26 YEARS.
27 (II) SUBSECTION (C) SHALL BE SENTENCED UP TO A
28 MINIMUM TERM OF 50 YEARS AND UP TO A MAXIMUM TERM OF LIFE
29 IMPRISONMENT.
30 (3) Notice of the applicability of this subsection shall
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1 be provided to the defendant before trial. If such notice is
2 given, there shall be no authority in any court to impose on
3 an offender to which this subsection is applicable a lesser
4 sentence than provided herein or to place the offender on
5 probation, parole, work release or prerelease or to suspend
6 sentence. Nothing in this subsection shall prevent the
7 sentencing court from imposing a sentence greater than
8 provided herein. Sentencing guidelines promulgated by the
9 Pennsylvania Commission on Sentencing shall not supersede the
10 mandatory sentences provided herein. If a sentencing court
11 refuses to apply this subsection where applicable, the
12 Commonwealth shall have the right to appellate review of the
13 action of the sentencing court. The appellate court shall
14 vacate the sentence and remand the case to the sentencing
15 court for imposition of a sentence in accordance with this
16 subsection if it finds that the sentence was imposed in
17 violation of this subsection.
18 (d.1) Multiple victims.--A consecutive term of imprisonment
19 shall be imposed for each victim of an offense under subsection
20 (b) or (c).
21 Section 2. Title 18 is amended by adding a section to read:
22 § 3130. Conduct relating to sex offenders.
23 A person who has knowledge that a sexual predator or sex
24 offender is not complying with or has not complied with the
25 requirements of probation and parole, imposed by statute or
26 court order, including, but not limited to, therapeutic or
27 rehabilitative programs, travel restrictions and real-time
28 satellite monitoring of his or her physical location, commits a
29 felony of the third degree if the person knowingly:
30 (1) withholds information concerning, or does not notify
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1 the law enforcement agent or agency about, the sexual
2 predator's or sex offender's noncompliance with the
3 requirements of probation, parole or the whereabouts of the
4 sexual predator or sex offender;
5 (2) harbors or attempts to harbor or assist another
6 person in harboring or attempting to harbor the sexually
7 violent predator or sex offender;
8 (3) conceals or attempts to conceal, or assists another
9 person in concealing or attempting to conceal, the sexual
10 predator or sex offender; or
11 (4) provides information to the law enforcement agent or
12 agency regarding the sexual predator or sex offender which
13 the person knows to be false.
14 Section 3. Title 18 is amended by adding a subchapter to
15 read:
16 SUBCHAPTER C
17 LOSS OF PROPERTY RIGHTS
18 Sec.
19 3141. General rule.
20 3142. Process and seizure.
21 3143. Custody of property.
22 3144. Disposal of property.
23 § 3141. General rule.
24 A person:
25 (1) convicted under section 3121 (relating to rape),
26 3122.1 (relating to statutory sexual assault), 3123 (relating
27 to involuntary deviate sexual intercourse), 3124.1 (relating
28 to sexual assault), 3125 (relating to aggravated indecent
29 assault) or 3126 (relating to indecent assault); or
30 (2) required to register with the Pennsylvania State
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1 Police under 42 Pa.C.S. § 9795.2 (relating to registration
2 procedures and applicability);
3 may be required to forfeit property rights in any property or
4 assets used to implement or facilitate commission of the crime
5 or crimes of which the person has been convicted. Such property
6 may include, but is not limited to, a computer or computers,
7 telephone equipment, firearms, licit or illicit prescription
8 drugs or controlled substances, a motor vehicle or such other
9 property or assets as determined by the court of common pleas to
10 have facilitated the person's criminal misconduct.
11 § 3142. Process and seizure.
12 (a) Seizure.--Property subject to forfeiture under this
13 section may be seized by law enforcement authority upon process
14 issued by the court of common pleas having jurisdiction over the
15 person or property.
16 (b) Seizure without process.--Seizure without process may be
17 made if the seizure is incident to an arrest or a search under a
18 search warrant and there is probable cause to be believe that
19 the property was or is material to the charges for which the
20 arrest or search warrant was issued. In seizures without
21 process, proceedings for the issuance thereof shall be
22 instituted immediately.
23 (c) Return of property.--Property belonging to someone other
24 than the convicted sex offender or registrant shall be returned
25 if the offense was committed without the knowledge or consent of
26 the owner.
27 § 3143. Custody of property.
28 Property taken or detained under this subchapter is deemed to
29 be the property of the law enforcement authority having custody
30 thereof and is subject only to the court of common pleas having
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1 jurisdiction over the criminal or forfeiture proceedings, the
2 district attorney in the matter or the Attorney General.
3 § 3144. Disposal of property.
4 Property taken or detained pursuant to the provisions of this
5 subchapter shall be sold in the manner of property forfeited
6 under 42 Pa.C.S. Ch. 68 (relating to controlled substances
7 forfeitures). The net proceeds, as determined by the law
8 enforcement authority having custody thereof, shall be utilized
9 for investigation or prosecution of sexual offenses or donated
10 to nonprofit charitable institutions which provide counseling
11 and other assistance to victims of sexual offenses.
12 Section 4. Section 4915 of Title 18 is amended to read:
13 § 4915. Failure to comply with registration of sexual offenders
14 requirements.
15 (a) Offense defined.--An individual who is subject to
16 registration under 42 Pa.C.S. § 9795.1(a) (relating to
17 registration) or an individual who is subject to registration
18 under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense
19 if he knowingly fails to:
20 (1) register with the Pennsylvania State Police as
21 required under 42 Pa.C.S. § 9795.2 (relating to registration
22 procedures and applicability);
23 (2) verify his address or be photographed as required
24 under 42 Pa.C.S. § 9796 (relating to verification of
25 residence); or
26 (3) provide accurate information when registering under
27 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S.
28 § 9796.
29 (a.1) Harboring offenders.--A person commits a felony of the
30 third degree if the person knowingly or intentionally assists an
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1 individual subject to registration under 42 Pa.C.S. § 9795.1 in
2 evading the requirements of 42 Pa.C.S. § 9795.2.
3 (b) Grading for offenders who must register for ten years.--
4 (1) Except as provided in paragraph (2), an individual
5 subject to registration under 42 Pa.C.S. § 9795.1(a) who
6 violates subsection (a)(1) [or], (2) or (3) commits a
7 [misdemeanor] felony of the third degree.
8 (2) An individual subject to registration under 42
9 Pa.C.S. § 9795.1(a) who commits a violation of subsection
10 (a)(1) [or], (2) or (3) and who has previously been convicted
11 of an offense under subsection (a)(1) or (2) or a similar
12 offense commits a [misdemeanor] felony of the second degree.
13 (3) An individual subject to registration under 42
14 Pa.C.S. § 9795.1(a) who commits a violation of subsection
15 (a)(1) [or], (2) or (3) and who has previously been convicted
16 of two or more offenses under subsection (a)(1) or (2) or a
17 similar offense commits a felony of the [third] first degree.
18 (4) An individual subject to registration under 42
19 Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
20 felony of the [third] first degree.
21 (c) Grading for sexually violent predators and others with
22 lifetime registration.--
23 (1) Except as provided in paragraph (2), an individual
24 subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
25 or (3) who violates subsection (a)(1) or (2) commits a
26 [misdemeanor of the second] felony of the third degree.
27 (2) An individual subject to registration under 42
28 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of
29 subsection (a)(1) or (2) and who has previously been
30 convicted of an offense under subsection (a)(1) or (2) or a
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1 similar offense commits a [misdemeanor of the first] felony
2 of the third degree.
3 (3) An individual subject to registration under 42
4 Pa.C.S § 9795.1(b)(1), (2) or (3) who commits a violation of
5 subsection (a)(1) or (2) and who has previously been
6 convicted of two or more offenses under subsection (a)(1) or
7 (2) or a similar offense commits a felony of the [third]
8 second degree.
9 (4) An individual subject to registration under 42
10 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
11 (a)(3) commits a felony of the [third] second degree.
12 (d) Effect of notice.--Neither failure on the part of the
13 Pennsylvania State Police to send nor failure of a sexually
14 violent predator or offender to receive any notice or
15 information pursuant to 42 Pa.C.S. § 9796(a.1) [or (b.1)],
16 (a.2), (b.1) or (b.2) shall be a defense to a prosecution
17 commenced against an individual arising from a violation of this
18 section. The provisions of 42 Pa.C.S. § 9796(a.1) [and (b.1)],
19 (a.2), (b.1) and (b.2) are not an element of an offense under
20 this section.
21 (e) Arrests for violation.--
22 (1) A police officer shall have the same right of arrest
23 without a warrant as in a felony whenever the police officer
24 has probable cause to believe an individual has committed a
25 violation of this section regardless of whether the violation
26 occurred in the presence of the police officer.
27 (2) An individual arrested for a violation of this
28 section shall be afforded a preliminary arraignment by the
29 proper issuing authority without unnecessary delay. In no
30 case may the individual be released from custody without
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1 first having appeared before the issuing authority.
2 (3) Prior to admitting an individual arrested for a
3 violation of this section to bail, the issuing authority
4 shall require all of the following:
5 (i) The individual must be fingerprinted and
6 photographed in the manner required by 42 Pa.C.S. Ch. 97
7 Subch. H (relating to registration of sexual offenders).
8 (ii) The individual must provide the Pennsylvania
9 State Police with all current or intended residences, all
10 information concerning current or intended employment,
11 including all employment locations, and all information
12 concerning current or intended enrollment as a student.
13 (iii) Law enforcement must make reasonable attempts
14 to verify the information provided by the individual.
15 (f) Definition.--As used in this section, the term "a
16 similar offense" means an offense similar to an offense under
17 either subsection (a)(1) or (2) under the laws of this
18 Commonwealth, the United States or one of its territories or
19 possessions, another state, the District of Columbia, the
20 Commonwealth of Puerto Rico or a foreign nation.
21 Section 5. Section 9792 of Title 42 is amended by adding
22 definitions 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 "GPS." A global positioning system operated by the United
29 States Department of Defense which provides specially coded
30 satellite signals that can be processed by a receiver to compute
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1 location.
2 "GPS tracking device." A device which enables the location
3 of the offender to be monitored through use of GPS and related
4 technology and which is designed so that it:
5 (1) actively and continuously monitors, identifies and
6 reports location data within a 100-mile radius;
7 (2) permits the Pennsylvania State Police and any local
8 police department to receive location data, record it
9 securely and confidentially and retain it indefinitely;
10 (3) can be worn around the wrist or ankle; and
11 (4) cannot be removed without:
12 (i) employing specialized equipment specifically
13 designed for that purpose; and
14 (ii) alerting the Pennsylvania State Police and each
15 local police department that it has been removed.
16 * * *
17 Section 6. Section 9795.1 of Title 42, amended November 24,
18 2004 (P.L.1243, No.152), is amended to read:
19 § 9795.1. Registration.
20 (a) Ten-year registration.--The following individuals shall
21 be required to register with the Pennsylvania State Police for a
22 period of ten years:
23 (1) Individuals convicted of any of the following
24 offenses:
25 18 Pa.C.S. § 2901 (relating to kidnapping) where the
26 victim is a minor.
27 18 Pa.C.S. § 2910 (relating to luring a child into a
28 motor vehicle).
29 18 Pa.C.S. § 3124.2 (relating to institutional sexual
30 assault).
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1 18 Pa.C.S. § 3126 (relating to indecent assault)
2 where the offense is a misdemeanor of the first degree.
3 18 Pa.C.S. § 4302 (relating to incest) where the
4 victim is 12 years of age or older but under 18 years of
5 age.
6 18 Pa.C.S. § 5902(b) (relating to prostitution and
7 related offenses) where the actor promotes the
8 prostitution of a minor.
9 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
10 obscene and other sexual materials and performances)
11 where the victim is a minor.
12 18 Pa.C.S. § 6312 (relating to sexual abuse of
13 children).
14 18 Pa.C.S. § 6318 (relating to unlawful contact with
15 minor).
16 18 Pa.C.S. § 6320 (relating to sexual exploitation of
17 children).
18 (2) Individuals convicted of an attempt to commit any of
19 the offenses under paragraph (1) or subsection (b)(2).
20 (3) Individuals currently residing in this Commonwealth
21 who have been convicted of offenses similar to the crimes
22 cited in paragraphs (1) and (2) under the laws of the United
23 States or one of its territories or possessions, another
24 state, the District of Columbia, the Commonwealth of Puerto
25 Rico or a foreign nation.
26 (b) Lifetime registration.--The following individuals shall
27 be subject to lifetime registration:
28 (1) An individual with two or more convictions of any of
29 the offenses set forth in subsection (a).
30 (2) Individuals convicted of any of the following
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1 offenses:
2 18 Pa.C.S. § 3121 (relating to rape).
3 18 Pa.C.S. § 3123 (relating to involuntary deviate
4 sexual intercourse).
5 18 Pa.C.S. § 3124.1 (relating to sexual assault).
6 18 Pa.C.S. § 3125 (relating to aggravated indecent
7 assault).
8 18 Pa.C.S. § 4302 (relating to incest) when the
9 victim is under 12 years of age.
10 (3) Sexually violent predators.
11 (4) Individuals currently residing in this Commonwealth
12 who have been convicted of offenses similar to the crimes
13 cited in paragraph (2) under the laws of the United States or
14 one of its territories or possessions, another state, the
15 District of Columbia, the Commonwealth of Puerto Rico or a
16 foreign nation.
17 (c) Natural disaster.--The occurrence of a natural disaster
18 or other event requiring evacuation of residences shall not
19 relieve an individual of the duty to register or any other duty
20 imposed by this chapter.
21 Section 7. Section 9795.2 heading, (a) and (d) of Title 42,
22 amended November 24, 2004 (P.L.1243, No.152), are amended and
23 the section is amended by adding subsections to read:
24 § 9795.2. Registration procedures [and]; applicability;
25 probationary supervision; alert system; child
26 protective zone.
27 (a) Registration.--
28 (1) Offenders and sexually violent predators shall be
29 required to register with the Pennsylvania State Police upon
30 release from incarceration, upon parole from a State or
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1 county correctional institution or upon the commencement of a
2 sentence of intermediate punishment or probation. During the
3 entire period of time for which the offender or sexually
4 violent predator is required to register, the Pennsylvania
5 State Police shall be required to monitor and ascertain the
6 ongoing compliance of the individual with all requirements
7 and restrictions herein, and shall be ultimately responsible
8 for tracking the individual's location and compliance. Where
9 the individual's current or intended residence, or place of
10 employment, is within the jurisdiction of a local law
11 enforcement agency or police department, the Pennsylvania
12 State Police shall develop protocols for working with local
13 officials to determine current, real-time compliance at all
14 times.
15 (i) For purposes of registration, offenders and
16 sexually violent predators shall provide the Pennsylvania
17 State Police with all current or intended residences[,].
18 (A) If the offender or sexually violent
19 predator's place of residence is a motor vehicle,
20 trailer, mobile home or manufactured home, the
21 offender or sexually violent predator shall also
22 provide the vehicle identification number, the
23 license tag number, the registration number and a
24 description, including color scheme, of the motor
25 vehicle, trailer, mobile home or manufactured home.
26 (B) If the offender or sexually violent
27 predator's place of residence is a vessel, live-
28 aboard vessel or houseboat, the offender or sexually
29 violent predator shall also provide the hull
30 identification number, the manufacturer's serial
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1 number, the name of the vessel, live-aboard vessel or
2 houseboat, the registration number and a description,
3 including color scheme, of the vessel, live-aboard
4 vessel or houseboat. If the offender or sexually
5 violent predator is homeless, he shall be secured a
6 residential placement by the appropriate State or
7 municipal authorities within seven days of notice
8 thereof to the Pennsylvania State Police. Should the
9 effort to secure residential placement fail within
10 the time period allotted, the offender or sexually
11 violent predator shall be required to appear at the
12 offices of the nearest law enforcement organization
13 every seven days, in person, to report his current
14 whereabouts, until he reports a residence address,
15 which shall be verified before he is released from
16 reporting in person every seven days.
17 (ii) The registration process also requires
18 offenders and sexually violent predators to disclose all
19 information concerning current or intended employment and
20 all information concerning current or intended enrollment
21 as a student.
22 (iii) Offenders and sexually violent predators are
23 also required to disclose a driver's license, if held,
24 and the make, model, color, VIN number and license plate
25 number of any motor vehicle which the offender or
26 sexually violent predator owns or to which he has access,
27 along with current vehicle registration and insurance
28 information.
29 (2) Offenders and sexually violent predators shall
30 inform the Pennsylvania State Police within ten days of:
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1 (i) Any change of residence or establishment of an
2 additional residence or residences.
3 (ii) Any change of employer or employment location
4 for a period of time that will exceed 14 days or for an
5 aggregate period of time that will exceed 30 days during
6 any calendar year, or termination of employment.
7 (iii) Any change of institution or location at which
8 the person is enrolled as a student, or termination of
9 enrollment.
10 (iv) Becoming employed or enrolled as a student if
11 the person has not previously provided that information
12 to the Pennsylvania State Police.
13 (2.1) Registration with a new law enforcement agency
14 shall occur no later than ten days after establishing
15 residence in another state.
16 (2.2) Persons required to comply with registration
17 provisions pursuant to a conviction for a sexual offense
18 under the laws of the United States or one of its territories
19 or possessions, another state, the District of Columbia, the
20 Commonwealth of Puerto Rico or a foreign nation shall
21 register with the Pennsylvania State Police no later then ten
22 days after establishing residence in this Commonwealth.
23 (3) The ten-year registration period required in section
24 9795.1(a) (relating to registration) shall be tolled when an
25 offender is recommitted for a parole violation or sentenced
26 to an additional term of imprisonment. In such cases, the
27 Department of Corrections or county correctional facility
28 shall notify the Pennsylvania State Police of the admission
29 of the offender.
30 (4) This paragraph shall apply to all offenders and
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1 sexually violent predators:
2 (i) Where the offender or sexually violent predator
3 was granted parole by the Pennsylvania Board of Probation
4 and Parole or the court or is sentenced to probation or
5 intermediate punishment, the board or county office of
6 probation and parole shall collect registration
7 information from the offender or sexually violent
8 predator and forward that registration information to the
9 Pennsylvania State Police. The Department of Corrections
10 or county correctional facility shall not release the
11 offender or sexually violent predator until it receives
12 verification from the Pennsylvania State Police that it
13 has received the registration information. Verification
14 by the Pennsylvania State Police may occur by electronic
15 means, including e-mail or facsimile transmission. Where
16 the offender or sexually violent predator is scheduled to
17 be released from a State correctional facility or county
18 correctional facility because of the expiration of the
19 maximum term of incarceration, the Department of
20 Corrections or county correctional facility shall collect
21 the information from the offender or sexually violent
22 predator no later than ten days prior to the maximum
23 expiration date. The registration information shall be
24 forwarded to the Pennsylvania State Police.
25 (ii) Where the offender or sexually violent predator
26 scheduled to be released from a State correctional
27 facility or county correctional facility due to the
28 maximum expiration date refuses to provide the
29 registration information, the Department of Corrections
30 or county correctional facility shall notify the
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1 Pennsylvania State Police or police department with
2 jurisdiction over the facility of the failure to provide
3 registration information and of the expected date, time
4 and location of the release of the offender or sexually
5 violent predator.
6 * * *
7 (c.1) GPS tracking device.--
8 (1) Upon classification as a sexually violent predator
9 and before release from incarceration, the sexually violent
10 predator shall be fitted with a GPS tracking device which he
11 shall be required to wear for the rest of his natural life.
12 (2) The Pennsylvania State Police shall combine data
13 collected by use of GPS tracking devices and retain the data
14 in a single database which can be searched by date, time and
15 location. Information in the database is confidential and
16 shall be accessed only by authorized law enforcement
17 personnel in connection with official investigation of cases
18 in which the status of an individual fitted with a GPS
19 tracking device may be relevant to the investigation.
20 (d) Penalty.-- [An individual]
21 (1) A person subject to registration under section
22 9795.1(a) or (b) who fails to register with the Pennsylvania
23 State Police as required by this section may be subject to
24 prosecution under 18 Pa.C.S. § 4915 (relating to failure to
25 comply with registration of sexual offenders requirements).
26 (2) A person who fails to immediately notify the nearest
27 police department that a sexually violent predator's GPS
28 tracking device has been removed commits a felony of the
29 third degree.
30 (3) A person that, without court order, removes, alters,
20050S0944B1880 - 19 -
1 tampers with, interferes with the operation of, damages or
2 destroys a GPS tracking device commits a felony of the third
3 degree.
4 (4) A person that violates subsection (c.1)(2) commits a
5 misdemeanor of the third degree.
6 * * *
7 (f) Travel restricted.--No person subject to section 9795.1
8 who is on parole, commencing a sentence of intermediate
9 punishment or subject to probationary supervision shall be
10 permitted to travel out of the person's county of residence
11 without specific permission of the court of common pleas of the
12 county where the offender resides.
13 (g) Alert system.--The Pennsylvania State Police shall
14 establish and maintain an alert system which provides prompt
15 notification to the general public and law enforcement
16 authorities and assists in identifying and locating persons
17 subject to GPS tracking who fail to register as required by this
18 chapter or who violate subsection (d)(3) or (h). In the case of
19 a violation of subsection (h), the notification shall be
20 immediate. The Pennsylvania State Police shall work with local
21 law enforcement officials to establish such protocols and
22 procedures as are necessary for the effective operation of the
23 alert system and shall educate and inform local law enforcement
24 agencies, school officials, day care providers, other child
25 services providers and the general public with regard to its
26 availability. Owners, licensees, operators and employees of any
27 communication medium, including, but not limited to, telephone,
28 radio, television, newspaper, digital communications network or
29 global communications network shall be immune from civil
30 liability for good faith conduct while participating in
20050S0944B1880 - 20 -
1 accordance with this subsection.
2 (h) Child protective zone.--A person classified as a
3 sexually violent predator under section 9795.4 (relating to
4 assessments) who intentionally or knowingly enters into an area
5 within 2,000 feet of a school, playground, park or day care
6 center commits a felony of the third degree.
7 (i) Computer and Internet restrictions.--Any sex offender
8 required to register under section 9795.1 (relating to
9 registration), or any sexually violent predator, shall be
10 subject to terms and conditions for the use of a computer or the
11 Internet, during the entire time for which he is required to
12 register with the Pennsylvania State Police. County probation
13 officers and State parole agents shall work with the
14 Pennsylvania State Police to establish restrictions appropriate
15 to the registrant which shall, at a minimum, prohibit access to
16 materials related to the crime for which he was convicted, or
17 related to the identity of his victim or victims. Technology
18 implementing remote Internet control and monitoring shall be
19 used to enforce these restrictions. No person required to
20 register under this act may use a computer for any purpose until
21 appropriate restrictions and monitoring protocols to enforce
22 them have been developed and deployed upon the computer the
23 person proposes to use.
24 Section 8. Sections 9795.4(b)(4), 9796 and 9798.1 of Title
25 42, amended or added November 24, 2004 (P.L.1243, No.152), are
26 amended to read:
27 § 9795.4. Assessments.
28 * * *
29 (b) Assessment.--Upon receipt from the court of an order for
30 an assessment, a member of the board as designated by the
20050S0944B1880 - 21 -
1 administrative officer of the board shall conduct an assessment
2 of the individual to determine if the individual should be
3 classified as a sexually violent predator. The board shall
4 establish standards for evaluations and for evaluators
5 conducting the assessments. An assessment shall include, but not
6 be limited to, an examination of the following:
7 * * *
8 (4) Factors that are supported in a sexual offender
9 assessment field as criteria reasonably related to the risk
10 of reoffense. Conviction of an individual over 18 years of
11 age for a violation of any of the following shall be
12 considered a factor reasonably related to the risk of
13 reoffense:
14 18 Pa.C.S. § 3121(c) (relating to rape of a child).
15 18 Pa.C.S. § 3121(d) (relating to rape of a child with
16 serious bodily injury).
17 18 Pa.C.S. § 3123(b) (relating to involuntary deviate
18 sexual intercourse with a child).
19 18 Pa.C.S. § 3123(c) (relating to involuntary deviate
20 sexual intercourse with a child with serious bodily injury).
21 * * *
22 § 9796. Verification of residence.
23 (a) [Quarterly verification] Verification by sexually
24 violent predators.--The Pennsylvania State Police shall verify
25 the residence and compliance with counseling as provided for in
26 section 9799.4 (relating to counseling of sexually violent
27 predators) of sexually violent predators every [90] 30 days
28 through the use of a nonforwardable verification form to the
29 last reported residence. For the period of registration required
30 by section 9795.1 (relating to registration), a sexually violent
20050S0944B1880 - 22 -
1 predator shall appear quarterly between January 5 and January
2 15, April 5 and April 15, July 5 and July 15 and October 5 and
3 October 15 of each calendar year at an approved registration
4 site to complete a verification form and to be photographed.
5 (a.1) Facilitation of [quarterly] monthly verification.--The
6 Pennsylvania State Police shall facilitate and administer the
7 verification process required by subsection (a) by:
8 (1) sending a notice by first class United States mail
9 to all registered sexually violent predators at their last
10 reported residence addresses. This notice shall be sent not
11 more than 30 days nor less than 15 days prior to each of the
12 [quarterly] monthly verification periods set forth in
13 subsection (a) and shall remind sexually violent predators of
14 their [quarterly] monthly verification requirement and
15 provide them with a list of approved registration sites; and
16 (2) providing verification and compliance forms as
17 necessary to each approved registration site not less than
18 ten days before each of the [quarterly] monthly verification
19 periods.
20 (a.2) Quarterly verification.--Sexually violent predators
21 shall appear quarterly between January 5 and January 15, April 5
22 and April 15, July 5 and July 15 and October 5 and October 15 of
23 each calendar year at an approved registration site to complete
24 a verification form and to be photographed.
25 (b) Annual verification by offenders.--The Pennsylvania
26 State Police shall verify the residence of offenders. For the
27 period of registration required by section 9795.1, an offender
28 shall appear within ten days before each annual anniversary date
29 of the offender's initial registration under section 9795.1 at
30 an approved registration site to complete a verification form
20050S0944B1880 - 23 -
1 and to be photographed.
2 (b.1) Facilitation of annual verification.--The Pennsylvania
3 State Police shall facilitate and administer the verification
4 process required by subsection (b) by:
5 (1) sending a notice by first class United States mail
6 to all registered offenders at their last reported residence
7 addresses. This notice shall be sent not more than 30 days
8 nor less than 15 days prior to each offender's annual
9 anniversary date and shall remind the offender of the annual
10 verification requirement and provide the offender with a list
11 of approved registration sites; and
12 (2) providing verification and compliance forms as
13 necessary to each approved registration site.
14 (b.2) Quarterly verification by offenders.--The Pennsylvania
15 State Police shall verify the residence of offenders every 90
16 days through the use of a nonforwardable verification form to
17 the last reported residence.
18 (c) Notification of law enforcement agencies of change of
19 residence.--A change of residence of an offender or sexually
20 violent predator required to register under this subchapter
21 reported to the Pennsylvania State Police shall be immediately
22 reported by the Pennsylvania State Police to the appropriate law
23 enforcement agency having jurisdiction of the offender's or the
24 sexually violent predator's new place of residence. The
25 Pennsylvania State Police shall, if the offender or sexually
26 violent predator changes residence to another state, notify the
27 law enforcement agency with which the offender or sexually
28 violent predator must register in the new state.
29 (d) Failure to provide verification.--Where an offender or
30 sexually violent predator fails to provide verification of
20050S0944B1880 - 24 -
1 residence within the ten-day period as set forth in this
2 section, the Pennsylvania State Police shall immediately notify
3 the municipal police department of the offender's or the
4 sexually violent predator's last verified residence. The local
5 municipal police shall locate the offender or sexually violent
6 predator and arrest him for violating this section. The
7 Pennsylvania State Police shall assume responsibility for
8 locating the offender or sexually violent predator and arresting
9 him in jurisdictions where no municipal police jurisdiction
10 exists. The Pennsylvania State Police shall assist any municipal
11 police department requesting assistance with locating and
12 arresting an offender or sexually violent predator who fails to
13 verify his residence.
14 (e) Penalty.--An individual subject to registration under
15 section 9795.1(a) or (b) who fails to verify his residence or to
16 be photographed as required by this section may be subject to
17 prosecution under 18 Pa.C.S. § 4915 (relating to failure to
18 comply with registration of sexual offenders requirements).
19 (f) Effect of notice.--Neither failure on the part of the
20 Pennsylvania State Police to send nor failure of a sexually
21 violent predator or offender to receive any notice or
22 information under subsection (a.1) or (b.1) shall relieve that
23 predator or offender from the requirements of this subchapter.
24 § 9798.1. Information made available on the Internet.
25 (a) Legislative findings.--It is hereby declared to be the
26 finding of the General Assembly that public safety will be
27 enhanced by making information about sexually violent predators,
28 lifetime registrants and other sex offenders available to the
29 public through the Internet. Knowledge of whether a person is a
30 sexually violent predator, lifetime registrant or other sex
20050S0944B1880 - 25 -
1 offender could be a significant factor in protecting oneself and
2 one's family members, or those in care of a group or community
3 organization, from recidivist acts by sexually violent
4 predators, lifetime registrants and other sex offenders. The
5 technology afforded by the Internet would make this information
6 readily accessible to parents and private entities, enabling
7 them to undertake appropriate remedial precautions to prevent or
8 avoid placing potential victims at risk. Public access to
9 information about sexually violent predators, lifetime
10 registrants and other sex offenders is intended solely as a
11 means of public protection and shall not be construed as
12 punitive.
13 (b) Internet posting of sexually violent predators, lifetime
14 registrants and other offenders.--The Commissioner of the
15 Pennsylvania State Police shall, in the manner and form directed
16 by the Governor:
17 (1) Develop and maintain a system for making the
18 information described in subsection (c) publicly available by
19 electronic means so that the public may, without limitation,
20 obtain access to the information via an Internet website to
21 view an individual record or the records of all sexually
22 violent predators, lifetime registrants and other offenders
23 who are registered with the Pennsylvania State Police. The
24 Internet website shall also prominently display a toll-free
25 number any interested person may call to receive the latest
26 updated information for a particular zip code, sex offender
27 or sexually violent predator.
28 (2) Ensure that the Internet website contains warnings
29 that any person who uses the information contained therein to
30 threaten, intimidate or harass another or who otherwise
20050S0944B1880 - 26 -
1 misuses that information may be criminally prosecuted.
2 (3) Ensure that the Internet website contains an
3 explanation of its limitations, including statements advising
4 that a positive identification of a sexually violent
5 predator, lifetime registrant or other offender whose record
6 has been made available may be confirmed only by
7 fingerprints; that some information contained on the Internet
8 website may be outdated or inaccurate; and that the Internet
9 website is not a comprehensive listing of every person who
10 has ever committed a sex offense in Pennsylvania.
11 (4) Strive to ensure the information contained on the
12 Internet website is accurate and that the data therein is
13 revised and updated as appropriate in a timely and efficient
14 manner. In the case of sex offenders or sexually violent
15 predators scheduled to be released from incarceration, the
16 update as to his release and postrelease residence shall be
17 posted no later than ten days prior to this release.
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) Provide current or prospective Commonwealth
26 residents the ability to search the database of an Internet
27 website by inputting a home address. This type of Internet
28 search shall enable current or prospective residents to input
29 an address and discover if persons required to register under
30 section 9795.1 (relating to registration) live within five
20050S0944B1880 - 27 -
1 miles of their residence. This function shall allow current
2 or prospective Commonwealth residents the ability to view the
3 location of the residence of those required to register under
4 section 9795.1 in relation to their own by electronic map.
5 (c) Information [permitted] to be disclosed regarding
6 individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to
7 criminal history information), the Internet website shall have
8 separate sections entitled "Sexually Violent Predators" and
9 "Other Sex Offenders" and shall contain the following
10 information on each individual under the individual's respective
11 classification:
12 (1) For sexually violent predators only the following
13 information shall be posted on the Internet website:
14 (i) name and any aliases;
15 (ii) year of birth;
16 (iii) the street address, city, county and zip code
17 of all residences;
18 (iv) the street address, city, county and zip code
19 of any institution or location at which the person is
20 enrolled as a student;
21 (v) the city, county and zip code of any employment
22 location;
23 (vi) a current photograph of the offender, which
24 shall be updated not less than annually, and online
25 access by law enforcement personnel to the offender's
26 fingerprints;
27 (vii) a listing of all criminal charges filed
28 against the predator, a listing of the crimes for which
29 he was convicted, a description of the offense or
30 offenses which triggered the application of this
20050S0944B1880 - 28 -
1 subchapter, the number of the offender's victims and
2 their genders and ages; [and]
3 (viii) the date or dates of the offense or offenses
4 and the date or dates of conviction[, if available.] or
5 convictions; and
6 (ix) the date of the predator's release from prison.
7 (2) For all other lifetime registrants and offenders
8 subject to registration only the following information shall
9 be posted on the Internet website:
10 (i) name and any aliases;
11 (ii) year of birth;
12 (iii) the city, county and zip code of all
13 residences;
14 (iv) the city, county and zip code of any
15 institution or location at which the person is enrolled
16 as a student;
17 (v) the city, county and zip code of any employment
18 location;
19 (vi) a current photograph of the offender, which
20 shall be updated not less than annually, and online
21 access by law enforcement personnel to the offender's
22 fingerprints;
23 (vii) a description of the offense or offenses which
24 triggered the application of this subchapter, the number
25 of the offender's victims and their genders and ages; and
26 (viii) the date of the offense [and conviction, if
27 available], conviction and release from prison.
28 (d) Duration of Internet posting.--
29 (1) The information listed in subsection (c) about a
30 sexually violent predator shall be made available on the
20050S0944B1880 - 29 -
1 Internet for the lifetime of the sexually violent predator.
2 (2) The information listed in subsection (c) about an
3 offender who is subject to lifetime registration shall be
4 made available on the Internet for the lifetime of the
5 offender unless the offender is granted relief under section
6 9795.5 (relating to exemption from certain notifications).
7 (3) The information listed in subsection (c) about any
8 other offender subject to registration shall be made
9 available on the Internet for the entire period during which
10 the offender is required to register, including any extension
11 of this period pursuant to 9795.2(a)(3) (relating to
12 registration procedures and applicability). The Pennsylvania
13 State Police shall also from time to time share this public
14 information with Federal, State and local law enforcement
15 officials, to the extent deemed appropriate for investigative
16 and supervisory purposes.
17 (e) Use of information to commit offense.--Use of
18 information published on the Internet in accordance with this
19 section with intent to facilitate commission of a criminal
20 offense shall constitute an offense of the same grade and degree
21 as the underlying criminal offense.
22 Section 9. The Legislative Budget and Finance Committee is
23 hereby directed to do a comprehensive study and review of the
24 monitoring and regulation of sex offenders and sexually violent
25 predators in this Commonwealth under this act, and to make a
26 full report of its findings, annually, to the chairman of the
27 Judiciary Committee of the Senate and chairman of the Judiciary
28 Committee of the House of Representatives.
29 Section 10. The sum of , or as much thereof as may be
30 necessary, is hereby appropriated to the Pennsylvania State
20050S0944B1880 - 30 -
1 Police for implementation of this act.
2 Section 11. This act shall take effect January 1, 2007.
J17L42RLE/20050S0944B1880 - 31 -