PRINTER'S NO. 878
No. 751 Session of 2003
INTRODUCED BY BARD, LEDERER, EGOLF, SCAVELLO, RAYMOND, BAKER,
BARRAR, BROWNE, CORRIGAN, DALEY, FLICK, GOODMAN, HARHAI,
HUTCHINSON, KIRKLAND, LaGROTTA, LAUGHLIN, LEH, LEWIS, MELIO,
R. MILLER, PISTELLA, ROHRER, SOLOBAY, STABACK, R. STEVENSON,
TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE AND YOUNGBLOOD,
MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 neighbor notification of the current residence of sexual
4 offenders.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 9798, 9799.1(3) and 9799.7 of Title 42
8 of the Pennsylvania Consolidated Statutes are amended to read:
9 § 9798. [Other notification] 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] an individual required to register all current
16 residences or intended residences with the Pennsylvania State
17 Police pursuant to sections 9795.1 (relating to registration)
1 and 9795.2 (relating to registration procedures and
2 applicability) lives shall be responsible for providing written
3 notice as required under this section.
4 (1) The notice shall contain:
5 (i) The name of the convicted [sexually violent
6 predator] individual.
7 (ii) The address or addresses at which he resides.
8 (iii) The offense for which he was convicted.
9 [(iv) A statement that he has been determined by
10 court order to be a sexually violent predator, which
11 determination has or has not been terminated as of a date
12 certain.
13 (v)] (iv) A photograph of the [sexually violent
14 predator] individual, if available.
15 (2) The notice shall not include any information that
16 might reveal the victim's name, identity and residence.
17 (b) To whom written notice is provided.--The chief law
18 enforcement officer shall provide written notice, under
19 subsection (a), to the following persons:
20 (1) Neighbors of the [sexually violent predator]
21 individual.
22 (2) The director of the county children and youth
23 service agency of the county where the [sexually violent
24 predator] individual resides.
25 (3) The superintendent of each school district and the
26 equivalent official for private and parochial schools
27 enrolling students up through grade 12 in the municipality
28 where the [sexually violent predator] individual resides.
29 (3.1) The superintendent of each school district and the
30 equivalent official for each private and parochial school
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1 located within a one-mile radius of where the [sexually
2 violent predator] individual resides.
3 (4) The licensee of each certified day care center and
4 licensed preschool program and owner/operator of each
5 registered family day care home in the municipality where the
6 [sexually violent predator] individual resides.
7 (5) The president of each college, university and
8 community college located within 1,000 feet of [a sexually
9 violent predator's] an individual's residence.
10 (c) Urgency of notification.--The municipal police
11 department's chief law enforcement officer shall provide notice
12 within the following time frames:
13 (1) To neighbors, notice shall be provided within 72
14 hours after information of the [sexually violent predator's]
15 individual's release date and residence has been received by
16 the chief law enforcement officer. Notwithstanding the
17 provisions of subsections (a) and (b), verbal notification
18 may be used if written notification would delay meeting this
19 time requirement.
20 (2) To the persons specified in subsection (b)(2), (3),
21 (4) and (5), notice shall be provided within seven days after
22 the chief law enforcement officer receives information
23 regarding the [sexually violent predator's] individual's
24 release date and residence.
25 (d) Public notice.--All information provided in accordance
26 with subsection (a) shall be available, upon request, to the
27 general public. The information may be provided by electronic
28 means.
29 (e) Interstate parolees.--The duties of police departments
30 under this section shall also apply to individuals who are
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1 paroled to this Commonwealth pursuant to section 33 of the act
2 of August 6, 1941 (P.L.861, No.323), referred to as the
3 Pennsylvania Board of Probation and Parole Law.
4 § 9799.1. Duties of Pennsylvania State Police.
5 The Pennsylvania State Police shall:
6 * * *
7 (3) Write regulations regarding neighbor notification of
8 the current residence of [sexually violent predators.]
9 individuals required to register all current or intended
10 residences with the Pennsylvania State Police pursuant to
11 sections 9795.1 (relating to registration) and 9795.2
12 (relating to registration procedures and applicability).
13 * * *
14 § 9799.7. Exemption from notification for certain licensees and
15 their employees.
16 Nothing in this subchapter shall be construed as imposing a
17 duty upon a person licensed under the act of February 19, 1980
18 (P.L.15, No.9), known as the Real Estate Licensing and
19 Registration Act, or an employee thereof to disclose any
20 information regarding:
21 (1) [a sexually violent predator] an individual required
22 to register all current residences or intended residences
23 with the Pennsylvania State Police pursuant to sections
24 9795.1 (relating to registration) and 9795.2 (relating to
25 registration procedures and applicability); or
26 (2) an individual who is paroled to this Commonwealth
27 pursuant to the interstate compact for the supervision of
28 parolees and probationers.
29 Section 2. The amendment of 42 Pa.C.S. §§ 9798, 9799.1(3)
30 and 9799.7 shall apply to individuals incarcerated or convicted
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1 on or after the effective date of this act.
2 Section 3. This act shall take effect in 60 days.
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