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