CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS — 2004 Pa. Act 152 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NOS. 91, 1105, 1106, PRINTER'S NO. 1995
1614
INTRODUCED BY GREENLEAF, LEMMOND, EARLL AND RAFFERTY,
JANUARY 29, 2003
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 19, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, further providing for six
3 months limitations and for deficiency judgments; codifying
4 judicial provisions of the act of April 6, 1951 (P.L.69,
5 No.20), known as The Landlord and Tenant Act of 1951; further
6 providing for hearings AND FOR SUMMONS AND SERVICE; further <--
7 defining "primary jurisdiction"; and making repeals.
8 AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 42 (JUDICIARY AND <--
9 JUDICIAL PROCEDURE) OF THE PENNSYLVANIA CONSOLIDATED
10 STATUTES, DEFINING THE OFFENSE OF FAILURE TO COMPLY WITH
11 REGISTRATION OF SEXUAL OFFENDERS REQUIREMENTS; IMPOSING
12 PENALTIES; FURTHER PROVIDING FOR SIX MONTHS LIMITATION AND
13 FOR TWO-YEAR LIMITATION; PROVIDING FOR LIMITATION AND
14 APPLICATION FOR ASBESTOS CLAIM; FURTHER PROVIDING FOR
15 DEFICIENCY JUDGMENTS, FOR DEFINITIONS, FOR REGISTRATION, FOR
16 REGISTRATION PROCEDURES AND APPLICABILITY AND FOR
17 ASSESSMENTS; PROVIDING FOR EXEMPTION FROM CERTAIN
18 NOTIFICATIONS; FURTHER PROVIDING FOR VERIFICATION OF
19 RESIDENCE AND FOR OTHER NOTIFICATION; PROVIDING FOR
20 INFORMATION MADE AVAILABLE ON THE INTERNET AND FOR CERTAIN
21 ADMINISTRATION; FURTHER PROVIDING FOR IMMUNITY FOR GOOD FAITH
22 CONDUCT, FOR DUTIES OF PENNSYLVANIA STATE POLICE AND FOR
23 EXEMPTION FROM NOTIFICATION FOR CERTAIN LICENSEES AND THEIR
24 EMPLOYEES; AND PROVIDING FOR ANNUAL PERFORMANCE AUDIT AND FOR
25 PHOTOGRAPHS AND FINGERPRINTING.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Section 5522(b)(2) of Title 42 of the <--
1 Pennsylvania Consolidated Statutes is amended and the subsection
2 is amended by adding a paragraph to read:
3 SECTION 1. TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED <--
4 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
5 § 4915. FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS
6 REQUIREMENTS.
7 (A) OFFENSE DEFINED.--AN INDIVIDUAL WHO IS SUBJECT TO
8 REGISTRATION UNDER 42 PA.C.S. § 9795.1(A) (RELATING TO
9 REGISTRATION) OR AN INDIVIDUAL WHO IS SUBJECT TO REGISTRATION
10 UNDER 42 PA.C.S. § 9795.1(B)(1), (2) OR (3) COMMITS AN OFFENSE
11 IF HE KNOWINGLY FAILS TO:
12 (1) REGISTER WITH THE PENNSYLVANIA STATE POLICE AS
13 REQUIRED UNDER 42 PA.C.S. § 9795.2 (RELATING TO REGISTRATION
14 PROCEDURES AND APPLICABILITY);
15 (2) VERIFY HIS ADDRESS OR BE PHOTOGRAPHED AS REQUIRED
16 UNDER 42 PA.C.S. § 9796 (RELATING TO VERIFICATION OF
17 RESIDENCE); OR
18 (3) PROVIDE ACCURATE INFORMATION WHEN REGISTERING UNDER
19 42 PA.C.S. § 9795.2 OR VERIFYING AN ADDRESS UNDER 42 PA.C.S.
20 § 9796.
21 (B) GRADING FOR OFFENDERS WHO MUST REGISTER FOR TEN YEARS.--
22 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL
23 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(A) WHO
24 VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A MISDEMEANOR OF
25 THE THIRD DEGREE.
26 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
27 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION
28 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF AN
29 OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR OFFENSE
30 COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
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1 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
2 PA.C.S. § 9795.1(A) WHO COMMITS A VIOLATION OF SUBSECTION
3 (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN CONVICTED OF TWO OR
4 MORE OFFENSES UNDER SUBSECTION (A)(1) OR (2) OR A SIMILAR
5 OFFENSE COMMITS A FELONY OF THE THIRD DEGREE.
6 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
7 PA.C.S. § 9795.1(A) WHO VIOLATES SUBSECTION (A)(3) COMMITS A
8 FELONY OF THE THIRD DEGREE.
9 (C) GRADING FOR SEXUALLY VIOLENT PREDATORS AND OTHERS WITH
10 LIFETIME REGISTRATION.--
11 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN INDIVIDUAL
12 SUBJECT TO REGISTRATION UNDER 42 PA.C.S. § 9795.1(B)(1), (2)
13 OR (3) WHO VIOLATES SUBSECTION (A)(1) OR (2) COMMITS A
14 MISDEMEANOR OF THE SECOND DEGREE.
15 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
16 PA.C.S. § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF
17 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN
18 CONVICTED OF AN OFFENSE UNDER SUBSECTION (A)(1) OR (2) OR A
19 SIMILAR OFFENSE COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
20 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
21 PA.C.S § 9795.1(B)(1), (2) OR (3) WHO COMMITS A VIOLATION OF
22 SUBSECTION (A)(1) OR (2) AND WHO HAS PREVIOUSLY BEEN
23 CONVICTED OF TWO OR MORE OFFENSES UNDER SUBSECTION (A)(1) OR
24 (2) OR A SIMILAR OFFENSE COMMITS A FELONY OF THE THIRD
25 DEGREE.
26 (4) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER 42
27 PA.C.S. § 9795.1(B)(1), (2) OR (3) WHO VIOLATES SUBSECTION
28 (A)(3) COMMITS A FELONY OF THE THIRD DEGREE.
29 (D) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE
30 PENNSYLVANIA STATE POLICE TO SEND, NOR FAILURE OF A SEXUALLY
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1 VIOLENT PREDATOR OR OFFENDER TO RECEIVE, ANY NOTICE OR
2 INFORMATION PURSUANT TO 42 PA.C.S. § 9796(A.1) OR (B.1) SHALL BE
3 A DEFENSE TO A PROSECUTION COMMENCED AGAINST AN INDIVIDUAL
4 ARISING FROM A VIOLATION OF THIS SECTION. THE PROVISIONS OF 42
5 PA.C.S. § 9796(A.1) AND (B.1) ARE NOT AN ELEMENT OF AN OFFENSE
6 UNDER THIS SECTION.
7 (E) ARRESTS FOR VIOLATION.--
8 (1) A POLICE OFFICER SHALL HAVE THE SAME RIGHT OF ARREST
9 WITHOUT A WARRANT AS IN A FELONY WHENEVER THE POLICE OFFICE
10 HAS PROBABLE CAUSE TO BELIEVE AN INDIVIDUAL HAS COMMITTED A
11 VIOLATION OF THIS SECTION, REGARDLESS OF WHETHER THE
12 VIOLATION OCCURRED IN THE PRESENCE OF THE POLICE OFFICER.
13 (2) AN INDIVIDUAL ARRESTED FOR A VIOLATION OF THIS
14 SECTION SHALL BE AFFORDED A PRELIMINARY ARRAIGNMENT BY THE
15 PROPER ISSUING AUTHORITY WITHOUT UNNECESSARY DELAY. IN NO
16 CASE MAY THE INDIVIDUAL BE RELEASED FROM CUSTODY WITHOUT
17 FIRST HAVING APPEARED BEFORE THE ISSUING AUTHORITY.
18 (3) PRIOR TO ADMITTING AN INDIVIDUAL ARRESTED FOR A
19 VIOLATION OF THIS SECTION TO BAIL, THE ISSUING AUTHORITY
20 SHALL REQUIRE ALL OF THE FOLLOWING:
21 (I) THE INDIVIDUAL MUST BE FINGERPRINTED AND
22 PHOTOGRAPHED IN THE MANNER REQUIRED BY 42 PA.C.S. CH. 97
23 SUBCH H (RELATING TO REGISTRATION OF SEXUAL OFFENDERS).
24 (II) THE INDIVIDUAL MUST PROVIDE THE PENNSYLVANIA
25 STATE POLICE WITH ALL CURRENT OR INTENDED RESIDENCES, ALL
26 INFORMATION CONCERNING CURRENT OR INTENDED EMPLOYMENT,
27 INCLUDING ALL EMPLOYMENT LOCATIONS, AND ALL INFORMATION
28 CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT.
29 (III) LAW ENFORCEMENT MUST MAKE REASONABLE ATTEMPTS
30 TO VERIFY THE INFORMATION PROVIDED BY THE INDIVIDUAL.
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1 (F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "A
2 SIMILAR OFFENSE" MEANS AN OFFENSE SIMILAR TO AN OFFENSE UNDER
3 EITHER SUBSECTION (A)(1) OR (2) UNDER THE LAWS OF THIS
4 COMMONWEALTH, THE UNITED STATES OR ONE OF ITS TERRITORIES OR
5 POSSESSIONS, ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE
6 COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION.
7 SECTION 2. SECTION 5522(B)(2) OF TITLE 42 IS AMENDED AND THE
8 SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
9 § 5522. Six months limitation.
10 * * *
11 (b) Commencement of action required.--The following actions
12 and proceedings must be commenced within six months:
13 * * *
14 (2) A petition for the establishment of a deficiency
15 judgment following execution and delivery of the sheriff's
16 deed for the property sold in connection with the execution
17 proceedings referenced in the provisions of section 8103(a)
18 (relating to deficiency judgments).
19 * * *
20 (6) A petition for redetermination of fair market value
21 pursuant to section 8103(f.1)(4) following execution and
22 delivery of the sheriff's deed for the property sold in
23 connection with the execution proceedings referenced under
24 section 8103.
25 Section 2. Title 42 is amended by adding a chapter to read: <--
26 CHAPTER 64 <--
27 LANDLORD AND TENANT
28 Sec.
29 6401. Notice to quit.
30 6402. Summons and service.
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1 6403. Hearing; judgment; writ of possession; payment of rent
2 by tenant.
3 6404. Return of writ of possession.
4 6405. Remedy to recover possession by ejectment preserved.
5 6406. Appeal by tenant.
6 CHAPTER 62 <--
7 LANDLORD AND TENANT
8 SEC.
9 6201. NOTICE TO QUIT.
10 6202. SUMMONS AND SERVICE.
11 6203. HEARING; JUDGMENT; WRIT OF POSSESSION; PAYMENT OF RENT
12 BY TENANT.
13 6204. RETURN OF WRIT OF POSSESSION.
14 6205. REMEDY TO RECOVER POSSESSION BY EJECTMENT PRESERVED.
15 6206. APPEAL BY TENANT.
16 § 6401 6201. Notice to quit. <--
17 (a) Requirement.--
18 (1) Except as set forth in paragraph (2), a landlord
19 desirous of repossessing real property from a tenant must
20 notify the tenant in writing to remove from the real property
21 at the expiration of the time specified in the notice under
22 the following circumstances:
23 (i) Upon the termination of a term of the tenant.
24 (ii) Upon forfeiture of the lease for breach of its
25 conditions.
26 (iii) Upon the failure of the tenant, upon demand,
27 to satisfy rent reserved and due.
28 (2) This subsection does not apply to real property
29 which is a mobile home space as defined in section 2 of the
30 act of November 24, 1976 (P.L.1176, No.261), known as the
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1 Mobile Home Park Rights Act.
2 (b) Contents.--
3 (1) Except as provided in subsection (c) or (e), in case
4 of the expiration of a term or of a forfeiture for breach of
5 the conditions of a lease, the notice must specify that the
6 tenant remove within:
7 (i) fifteen days from the date of service if the
8 lease is for one year or less or for an indeterminate
9 time; or
10 (ii) thirty days from the date of service if the
11 lease is for more than one year.
12 (2) If the tenant fails, upon demand, to satisfy rent
13 reserved and due, the notice must specify that the tenant
14 remove within ten days from the date of service of the
15 notice.
16 (c) Mobile home parks.--
17 (1) Except as set forth in subsection (e), in case of
18 the expiration of a term or of a forfeiture for breach of the
19 conditions of the lease involving a tenant of a mobile home
20 park as defined in section 2 of the Mobile Home Park Rights
21 Act, the notice must specify that the tenant remove within:
22 (i) thirty days from the date of service if the
23 lease is for less than one year or for an indeterminate
24 time; or
25 (ii) three months from the date of service if the
26 lease is for one year or more.
27 (2) Except as set forth in subsection (e), in case of
28 failure of the tenant, upon demand, to satisfy rent reserved
29 and due, the notice:
30 (i) if given after March 31 and before September 1,
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1 must specify that the tenant remove within 15 days from
2 the date of the service; and
3 (ii) if given after August 31 and before April 1,
4 must specify that the tenant remove within 30 days from
5 the date of the service.
6 (3) The owner of a mobile home park is not entitled to
7 recovery of the mobile home space upon the termination of a
8 lease with a resident regardless of the term of the lease if
9 the resident:
10 (i) is complying with the rules of the mobile home
11 park;
12 (ii) is paying the rent due; and
13 (iii) desires to continue living in the mobile home
14 park.
15 (4) The following are the only bases for the recovery of
16 a mobile home space by an owner of a mobile home park:
17 (i) A resident is legally evicted under section 3 of
18 the Mobile Home Park Rights Act.
19 (ii) The owner and resident mutually agree in
20 writing to the termination of a lease.
21 (iii) At the expiration of a lease, the resident
22 determines that the resident no longer desires to reside
23 in the park and so notifies the owner in writing.
24 (d) Illegal drugs.--In case of termination due to the
25 provisions of section 505-A of the act of April 6, 1951 (P.L.69,
26 No.20), known as The Landlord and Tenant Act of 1951, the notice
27 must specify that the tenant remove within ten days from the
28 date of service.
29 (e) Waiver and agreement.--Notice under this section may be
30 for a lesser time or may be waived by the tenant if the lease so
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1 provides.
2 (f) Service.--Notice under this section must be served:
3 (1) personally on the tenant;
4 (2) by leaving the notice at the principal building upon
5 the premises; or
6 (3) by conspicuous posting on the leased premises.
7 § 6402 6202. Summons and service. <--
8 (a) Issuance.--Upon filing of the complaint, the district
9 justice shall issue a summons which:
10 (1) recites substantially the complaint AND INCLUDES THE <--
11 NOTICE UNDER SUBSECTION (B);
12 (2) is directed to a writ server, constable or sheriff;
13 and
14 (3) commands the officer under paragraph (2) to summon
15 the tenant to appear before the district justice to answer
16 the complaint on a date not less than seven nor more than ten
17 days from the date of the summons.
18 (B) NOTICE.--THE COMPLAINT MUST INCLUDE THE FOLLOWING <--
19 NOTICE, IN ENGLISH AND SPANISH:
20 TENANT'S NOTICE.
21 YOU HAVE FAILED TO COMPLY WITH YOUR LEASE. AS A RESULT, A
22 COMPLAINT FOR YOUR EVICTION FROM THE PROPERTY IN WHICH
23 YOU CURRENTLY RESIDE HAS BEEN FILED WITH THE COURT. IF
24 YOU ARE BEING EVICTED FOR NONPAYMENT OF RENT ONLY, YOU
25 HAVE AN OPPORTUNITY TO STAY IN THE PROPERTY BY PAYING THE
26 AMOUNT OWED AS DETERMINED BY THE COURT UP UNTIL THE DATE
27 OF THE ACTUAL LOCKOUT.
28 IF YOU APPEAR IN COURT AND LOSE, THE JUDGE MAY ALLOW YOU
29 TO CONTINUE RESIDING IN THIS PROPERTY FOR AN ADDITIONAL
30 20 DAYS BASED ON THE JUDGE'S DECISION. IF YOU LOSE AND
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1 CANNOT AFFORD TO MAKE AN APPEAL YOU MAY STILL HAVE THE
2 RIGHT TO DO SO.
3 IF YOU HAVE QUESTIONS OR WANT INFORMATION, PLEASE CALL
4 ( ) FOR YOUR LOCAL CONTACT.
5 (b) (C) Service.--The summons must be served: <--
6 (1) personally on the tenant;
7 (2) by mail; or
8 (3) by conspicuous posting on the leased premises.
9 § 6403 6203. Hearing; judgment; writ of possession; payment of <--
10 rent by tenant.
11 (a) Hearing and judgment.--On the appropriate day and time,
12 the district justice shall proceed to hear the case. If the
13 complaint is sufficiently proven, the district justice shall
14 enter judgment against the tenant:
15 (1) that the real property be delivered to the landlord;
16 (2) for any damages for the unjust detention of the
17 demised premises; and
18 (3) for rent which remains due and unpaid.
19 (b) Writ of possession.--The landlord may request the
20 issuance of a writ of possession on the next business day after
21 the rendition of the judgment. The district justice shall issue
22 a writ of possession directed to the writ server, constable or
23 sheriff commanding the officer to deliver actual possession of
24 the real property to the landlord and to levy the costs and
25 amount of judgment for damages and rent on the tenant in the
26 same manner as judgments and costs are levied and collected on
27 writs of execution. This writ shall be served no later than 48
28 hours after the request was filed by the landlord and executed
29 on the 11th day following service upon the tenant. The writ of
30 possession must be served on the tenant by:
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1 (1) personal service; or
2 (2) conspicuous posting on the leased premises.
3 (C) EXTENSION.--IF THE TENANT APPEARS IN COURT AND A <--
4 JUDGMENT OF POSSESSION IS ENTERED AGAINST THE TENANT, THE
5 DISTRICT JUSTICE, UPON A FINDING THAT THERE IS JUST CAUSE, MAY
6 EXTEND THE DATE OF EXECUTION ON THE WRIT OF POSSESSION UNTIL 20
7 DAYS AFTER THE DATE THE JUDGMENT OF POSSESSION WAS ENTERED
8 AGAINST THE TENANT.
9 (c) (D) Payment of rent.--At any time before the end of the <--
10 tenth day following the rendition of the judgment, the tenant
11 may, in a case for the recovery of possession solely because of
12 failure to pay rent due, void the writ of possession by paying
13 to the writ server, constable or sheriff all of the following:
14 (1) The rent actually in arrears.
15 (2) The officer's costs. A tenant may comply with this
16 paragraph by reimbursing the landlord for paying the
17 officer's costs.
18 (d) (E) Affidavit.--After the tenth day following rendition <--
19 of judgment but prior to executing on a writ for possession
20 which was entered solely because of a failure to pay rent, the
21 landlord must file with the court an affidavit that the tenant
22 has not paid the judgment amount plus costs and has not
23 petitioned for an appeal of the judgment.
24 (e) (F) Concurrent time periods.--The time period under <--
25 subsection (b) shall run concurrently with the time period for
26 appeal under section 6406(b) 6206(B) (relating to appeal by <--
27 tenant). The later time period governs.
28 § 6404 6204. Return of writ of possession. <--
29 The writ server, constable or sheriff shall make return of
30 the writ of possession to the district justice of the peace
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1 within ten days after receiving the writ. The return must show:
2 (1) the date, time, place and manner of service of the
3 writ;
4 (2) if the writ was satisfied by the payment of rent due
5 or in arrears and costs by or on behalf of the tenant, the
6 amount of that payment and its distribution;
7 (3) the time and date of any forcible entry and
8 ejectment or that no entry for the purpose of ejectment has
9 been made; and
10 (4) the officer's costs paid under section 6403(c)(2) <--
11 6203(D)(2) (relating to hearing; judgment; writ of <--
12 possession; payment of rent by tenant).
13 § 6405 6205. Remedy to recover possession by ejectment <--
14 preserved.
15 Nothing contained in this chapter shall be construed as
16 abolishing the right of any landlord to recover possession of
17 real property from a tenant by action of ejectment or to
18 institute an amicable action of ejectment to recover possession
19 of real property by confessing judgment in accordance with the
20 terms of any written contract or agreement.
21 § 6406 6206. Appeal by tenant. <--
22 (a) Escrow.--
23 (1) A tenant that files an appeal to a court of common
24 pleas of a judgment of a district justice involving an action
25 under the act of April 6, 1951 (P.L.69, No.20), known as The
26 Landlord and Tenant Act of 1951, for the recovery of
27 possession of real property or for rent due must:
28 (i) deposit with the prothonotary a sum equal to the
29 amount of rent due as determined by the district justice;
30 and
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1 (ii) pay in cash any rent which becomes due during
2 the proceedings in the court of common pleas within ten
3 days after the date each payment becomes due.
4 (2) The sum representing the rent due or in question
5 shall be placed in a special escrow account by the
6 prothonotary.
7 (3) The prothonotary shall only dispose of these funds
8 by order of court.
9 (b) Appeal.--
10 (1) A party must appeal to the court of common pleas
11 within the following time periods:
12 (i) Except as set forth in subparagraph (ii)(B),
13 within ten days after the rendition of judgment by the
14 district justice in the case of a residential lease.
15 (ii) Within 30 days after a judgment by the district
16 justice in the case of a:
17 (A) nonresidential lease; or
18 (B) residential lease involving a victim of
19 domestic violence.
20 (2) An appeal by a tenant shall operate as a supersedeas
21 only in the following cases:
22 (i) The tenant:
23 (A) pays in cash or bond the amount of any
24 judgment rendered by the lower court; and
25 (B) pays in cash into an account with the
26 prothonotary any rent which becomes due during the
27 proceedings in the court of common pleas within ten
28 days after the date each payment becomes due.
29 (ii) The tenant is a victim of domestic violence and
30 pays in cash into an account with the prothonotary any
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1 rent which becomes due during the proceedings in the
2 court of common pleas within ten days after the date each
3 payment is due.
4 (iii) With respect to an appeal by an indigent
5 tenant from a judgment of the lower court involving the
6 recovery of possession of residential real property in
7 which the tenant simultaneously files a petition and
8 supporting affidavit to proceed in forma pauperis in the
9 appeal pursuant to Pa.R.C.P. No. 240 (relating to in
10 forma pauperis), the filing of such an appeal, petition
11 and supporting affidavit shall operate as a supersedeas
12 until the common pleas court renders a decision on the
13 petition pursuant to Pa.R.C.P. No. 240(c)(3) provided
14 that the indigent tenant complies with the following:
15 (A) If the rent has been paid in the month in
16 which the appeal is taken, the appellant shall be
17 required to pay into escrow with the prothonotary the
18 monthly rent as it becomes due under the lease for
19 the months subsequent to the filing of the appeal.
20 (B) If the rent has not been paid in the month
21 in which the appeal is taken, the appellant shall
22 pay:
23 (I) at the time of the filing of the appeal,
24 a sum of money equal to one-third of the monthly
25 rent;
26 (II) an additional deposit of two-thirds of
27 the monthly rent within 20 days of the date of
28 the appeal; and
29 (III) additional deposits of one month's
30 rent each successive 30-day period after the
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1 filing of the appeal. The amount of the monthly
2 rent shall be determined by the judge of the
3 court from which the appeal is taken.
4 (C) If the court of common pleas determines,
5 upon written motion, that the averments within the
6 tenant's affidavit do not establish that the tenant
7 meets the terms and conditions above, the court may
8 terminate the supersedeas.
9 (D) The tenant shall be required to pay into
10 escrow with the prothonotary the ongoing rent as
11 required under clause (B) in order to continue to
12 maintain the supersedeas on appeal.
13 (iv) In the event the petition to proceed in forma
14 pauperis is denied under subparagraph (iii), the
15 supersedeas shall terminate immediately. In the event the
16 petition is granted, the supersedeas shall continue in
17 effect until the entry of the order of the court of
18 common pleas, at which point the supersedeas shall
19 terminate. The filing of an attorney's praecipe pursuant
20 to Pa.R.C.P No. 240(d) shall not trigger the creation of
21 a supersedeas under the provisions of this subsection.
22 (3) Except as otherwise provided in paragraph (2)(iii),
23 the supersedeas shall be summarily terminated if the tenant
24 does not comply with paragraph (2).
25 (c) Release of escrow.--
26 (1) Upon application by the landlord, the court shall
27 release appropriate sums from the escrow account on a
28 continuing basis while the appeal is pending to compensate
29 the landlord for the tenant's actual possession and use of
30 the premises during the pendency of the appeal.
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1 (2) Upon application by the tenant, the court shall
2 release appropriate sums from the escrow account on a
3 continuing basis while the appeal is pending to directly
4 compensate providers of habitable services which the landlord
5 is required to provide under law or under the lease.
6 (d) Definition.--As used in this section, the term "victim
7 of domestic violence" means an individual who:
8 (1) has obtained a protection from abuse order against
9 another individual; or
10 (2) provides other suitable evidence as directed by the
11 court.
12 SECTION 3. SECTION 5524 OF TITLE 42 IS AMENDED TO READ: <--
13 § 5524. TWO YEAR LIMITATION.
14 THE FOLLOWING ACTIONS AND PROCEEDINGS MUST BE COMMENCED
15 WITHIN TWO YEARS:
16 (1) AN ACTION FOR ASSAULT, BATTERY, FALSE IMPRISONMENT,
17 FALSE ARREST, MALICIOUS PROSECUTION OR MALICIOUS ABUSE OF
18 PROCESS.
19 (2) AN ACTION TO RECOVER DAMAGES FOR INJURIES TO THE
20 PERSON OR FOR THE DEATH OF AN INDIVIDUAL CAUSED BY THE
21 WRONGFUL ACT OR NEGLECT OR UNLAWFUL VIOLENCE OR NEGLIGENCE OF
22 ANOTHER.
23 (3) AN ACTION FOR TAKING, DETAINING OR INJURING PERSONAL
24 PROPERTY, INCLUDING ACTIONS FOR SPECIFIC RECOVERY THEREOF.
25 (4) AN ACTION FOR WASTE OR TRESPASS OF REAL PROPERTY.
26 (5) AN ACTION UPON A STATUTE FOR A CIVIL PENALTY OR
27 FORFEITURE.
28 (6) AN ACTION AGAINST ANY OFFICER OF ANY GOVERNMENT UNIT
29 FOR THE NONPAYMENT OF MONEY OR THE NONDELIVERY OF PROPERTY
30 COLLECTED UPON ON EXECUTION OR OTHERWISE IN HIS POSSESSION.
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1 (7) ANY OTHER ACTION OR PROCEEDING TO RECOVER DAMAGES
2 FOR INJURY TO PERSON OR PROPERTY WHICH IS FOUNDED ON
3 NEGLIGENT, INTENTIONAL, OR OTHERWISE TORTIOUS CONDUCT OR ANY
4 OTHER ACTION OR PROCEEDING SOUNDING IN TRESPASS, INCLUDING
5 DECEIT OR FRAUD, EXCEPT AN ACTION OR PROCEEDING SUBJECT TO
6 ANOTHER LIMITATION SPECIFIED IN THIS SUBCHAPTER.
7 [(8) AN ACTION TO RECOVER DAMAGES FOR INJURY TO A PERSON
8 OR FOR THE DEATH OF A PERSON CAUSED BY EXPOSURE TO ASBESTOS
9 SHALL BE COMMENCED WITHIN TWO YEARS FROM THE DATE ON WHICH
10 THE PERSON IS INFORMED BY A LICENSED PHYSICIAN THAT THE
11 PERSON HAS BEEN INJURED BY SUCH EXPOSURE OR UPON THE DATE ON
12 WHICH THE PERSON KNEW OR IN THE EXERCISE OF REASONABLE
13 DILIGENCE SHOULD HAVE KNOWN THAT THE PERSON HAD AN INJURY
14 WHICH WAS CAUSED BY SUCH EXPOSURE, WHICHEVER DATE OCCURS
15 FIRST.]
16 SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
17 § 5524.1. LIMITATION AND APPLICATION FOR ASBESTOS CLAIMS.
18 (A) GENERAL RULE.--AN ACTION TO RECOVER DAMAGES FOR INJURY
19 TO A PERSON OR FOR THE DEATH OF A PERSON CAUSED BY EXPOSURE TO
20 ASBESTOS SHALL BE COMMENCED WITHIN TWO YEARS FROM THE DATE ON
21 WHICH THE PERSON IS INFORMED BY A LICENSED PHYSICIAN THAT THE
22 PERSON HAS BEEN INJURED BY SUCH EXPOSURE OR UPON THE DATE ON
23 WHICH THE PERSON KNEW OR IN THE EXERCISE OF REASONABLE DILIGENCE
24 SHOULD HAVE KNOWN THAT THE PERSON HAD AN INJURY WHICH WAS CAUSED
25 BY SUCH EXPOSURE, WHICHEVER DATE OCCURS FIRST.
26 (B) APPLICABILITY.--THE LIMITATIONS SET FORTH IN 15 PA.C.S.
27 § 1929.1(A) AND (B) (RELATING TO LIMITATIONS ON ASBESTOS-RELATED
28 LIABILITIES RELATING TO CERTAIN MERGERS OR CONSOLIDATIONS) SHALL
29 NOT APPLY TO AN ASBESTOS CLAIM FOR WHICH THE APPLICABLE PERIOD
30 OF LIMITATION COMMENCED ON OR BEFORE DECEMBER 17, 2001.
20030S0092B1995 - 17 -
1 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "ASBESTOS
2 CLAIM" SHALL HAVE THE MEANING AS SET FORTH IN 15 PA.C.S. §
3 1929.1(E).
4 Section 3 5. Section 8103(a), (b), (c)(3) and (5), (e) and <--
5 (g) of Title 42 are amended and the section is amended by adding
6 subsections to read:
7 § 8103. Deficiency judgments.
8 (a) General rule.--Whenever any real property is sold,
9 directly or indirectly, to the judgment creditor in execution
10 proceedings and the price for which such property has been sold
11 is not sufficient to satisfy the amount of the judgment,
12 interest and costs and the judgment creditor seeks to collect
13 the balance due on said judgment, interest and costs, the
14 judgment creditor shall petition the court to fix the fair
15 market value of the real property sold. The petition shall be
16 filed as a supplementary proceeding in the matter in which the
17 judgment was entered. If the judgment was transferred from the
18 county in which it was entered to the county where the execution
19 sale was held, the judgment shall be deemed entered in the
20 county in which the sale took place.
21 (b) Effect of failure to give notice.--Any debtor[, obligor,
22 guarantor, mortgagor, and any other person directly or
23 indirectly liable to the judgment creditor for the payment of
24 the debt,] and any owner of the property affected thereby, who
25 is neither named in the petition nor served with a copy thereof
26 or notice of the filing thereof as prescribed by general rule,
27 shall be deemed to be discharged from all personal liability to
28 the judgment creditor on the debt, interest and costs, but any
29 such failure to name such person in the petition or to serve the
30 petition or notice of the filing thereof shall not prevent
20030S0092B1995 - 18 -
1 proceedings against any respondent named and served.
2 (c) Action on petition.--
3 * * *
4 (3) If an answer is filed alleging as the fair market
5 value an amount in excess of the fair market value of the
6 property as averred in the petition, the judgment creditor
7 may agree to accept as the fair market value of the property
8 the value set up in the answer and in such case may file a
9 stipulation releasing the debtors[, obligors and guarantors,
10 and any other persons liable directly or indirectly for the
11 debt,] and the owners of the property affected thereby, from
12 personal liability to the judgment creditor to the extent of
13 the fair market value as averred in the answer, less the
14 amount of any prior liens, costs, taxes and municipal claims
15 not discharged by the sale, and also less the amount of any
16 such items paid at distribution on the sale.
17 * * *
18 (5) After the hearing, if any, and the determination by
19 the court under paragraph (1), (2) or (4) of the fair market
20 value of the property sold, then, except as otherwise
21 provided in subsection (f), the debtor[, obligor, guarantor
22 and any other person liable directly or indirectly to the
23 judgment creditor for the payment of the debt] shall be
24 released and discharged of such liability to the judgment
25 creditor to the extent of the fair market value of said
26 property determined by the court, less the amount of all
27 prior liens, costs, taxes and municipal claims not discharged
28 by the sale, and also less the amount of any such items paid
29 at the distribution on the sale, and shall also be released
30 and discharged of such liability to the extent of any amount
20030S0092B1995 - 19 -
1 by which the sale price, less such prior liens, costs, taxes
2 and municipal claims, exceeds the fair market value as agreed
3 to by the judgment creditor or fixed and determined by the
4 court as provided in this subsection, and thereupon the
5 judgment creditor may proceed by appropriate proceedings to
6 collect the balance of the debt.
7 * * *
8 (e) Waiver of benefit of section prohibited.--Any agreement
9 made by any debtor[, obligor, surety or guarantor] at any time,
10 either before or after or at the time of incurring any
11 obligation, to waive the benefits of this section or to release
12 any obligee from compliance with the provisions hereof shall be
13 void.
14 * * *
15 (f.1) Collateral located in more than one county.--
16 (1) If the real property collateral is located in more
17 than one county in this Commonwealth, a judgment creditor may
18 elect not to file a valuation petition in the court in each
19 of such counties as provided under subsection (a) and shall
20 not be subject to the penalties for failure to file the
21 petition under subsection (d), if the judgment creditor is a
22 nonconsumer judgment creditor and the provisions of
23 paragraphs (2) and (3) are satisfied.
24 (2) The judgment creditor shall petition the deficiency
25 court to determine and fix the fair market value of all of
26 the real property collateral as provided under subsection
27 (c)(1), (2), (3) and (4). The value shall be determined on a
28 parcel-by-parcel basis, and the amount so fixed for each
29 parcel comprising the real property collateral shall be the
30 fair market value for the parcel for all purposes under this
20030S0092B1995 - 20 -
1 subsection unless redetermined as provided in paragraph (4).
2 (3) The determination of the fair market value of the
3 real property collateral by the deficiency court, as provided
4 in paragraph (2), shall be made before an execution sale is
5 held with respect to any of the real property collateral.
6 (4) (i) If the execution sale of a parcel of real
7 property is concluded and the judgment creditor is the
8 purchaser of the parcel at the sale, then either the
9 judgment creditor or the debtor may file a petition with
10 the deficiency court seeking a redetermination of the
11 fair market value of the parcel provided the petition is
12 filed within the six month period established under
13 section 5522(b)(6).
14 (ii) If the petition is filed in a timely manner,
15 the deficiency court shall redetermine the fair market
16 value of the parcel in the manner provided in subsection
17 (c)(1), (2), (3) and (4). The redetermined value shall be
18 the fair market value of the parcel for all purposes
19 under this subsection.
20 (iii) The filing of the petition for the
21 redetermination shall not limit or affect the judgment
22 creditor's ability to execute on the real property
23 collateral unless and until the value is redetermined by
24 the court. However, where the debtor alleges in its
25 petition that an appropriate redetermination of value by
26 the court with respect to property that has already been
27 sold to the judgment creditor at an execution sale would
28 be sufficient to satisfy the judgment in full, the
29 deficiency court may issue a stay of further execution
30 proceedings, pending the court's ruling on the petition
20030S0092B1995 - 21 -
1 for redetermination of value.
2 (5) In cases subject to this subsection, the debtor
3 shall be released and discharged from liability for the
4 payment of the debt in the manner provided in subsection
5 (c)(5) to the extent of:
6 (i) the fair market value determined by the
7 deficiency court of all real property collateral
8 purchased by the judgment creditor in execution
9 proceedings on the judgment less the deductible items
10 described in subsection (c)(5); and
11 (ii) the amount distributed to the judgment creditor
12 as a result of the sale of the real property collateral
13 purchased in the proceedings by third parties.
14 (f.2) Foreign collateral.--
15 (1) No deficiency court shall have the power to fix the
16 fair market value of real property located outside this
17 Commonwealth and may not take into account the value of that
18 property in considering whether or not a deficiency exists
19 under this section.
20 (2) This section shall not apply to the sale of any real
21 property located outside this Commonwealth.
22 (g) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Adjusted value." The assessed value of a parcel of real
26 property collateral determined for real estate tax purposes
27 times the applicable common level ratio factor published by the
28 State Tax Equalization Board.
29 "Consumer credit transaction." A credit transaction in which
30 the party to whom credit is offered or extended is a natural
20030S0092B1995 - 22 -
1 person and the money, property or services which are the subject
2 of the transaction are primarily for personal, family or
3 household purposes.
4 "Debtor." A debtor, obligor, guarantor, surety and any other
5 person liable directly or indirectly to a judgment creditor for
6 the payment of a debt.
7 "Deficiency court." With respect to cases covered by
8 subsection (f.1), the court of common pleas located in the
9 county where the highest adjusted value land is located.
10 "Highest adjusted value land." The real property collateral
11 located in a county that has a higher aggregate adjusted value
12 than real property collateral located in any other county.
13 "Judgment." The judgment which was enforced by the execution
14 proceedings referred to in subsection (a), whether that judgment
15 is a judgment in personam such as a judgment requiring the
16 payment of money or a judgment de terris or in rem such as a
17 judgment entered in an action of mortgage foreclosure or a
18 judgment entered in an action or proceeding upon a mechanic's
19 lien, a municipal claim, a tax lien or a charge on land.
20 "Judgment creditor." The holder of the judgment which was
21 enforced by the execution proceedings.
22 "Nonconsumer judgment creditor." Any judgment creditor
23 except a judgment creditor whose judgment was entered with
24 respect to a consumer credit transaction.
25 "Nonrecourse portion of the obligation." The portion as to
26 which the judgment creditor's recourse is limited to the
27 mortgaged property or other specified assets of the debtor which
28 are less than all of such assets.
29 "Partial recourse obligation." An obligation which includes
30 both a nonrecourse portion and a recourse portion.
20030S0092B1995 - 23 -
1 "Real property collateral." All of the real property subject
2 to a lien securing the obligation evidenced by the judgment and
3 located within this Commonwealth.
4 "Recourse portion of the obligation." All of the obligation
5 except the nonrecourse portion thereof.
6 "Valuation petition." A petition to fix the fair market
7 value of real property sold as required by subsection (a).
8 Section 4 6. Section 8951 of Title 42 is amended to read: <--
9 § 8951. Definitions.
10 The following words and phrases when used in this subchapter
11 shall have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Chief law enforcement officer." The head of a duly
14 constituted municipal law enforcement agency which regularly
15 provides primary police services to a political subdivision or,
16 in the absence of any such municipal law enforcement agency, the
17 commanding officer of the Pennsylvania State Police installation
18 which regularly provides primary police services to the
19 political subdivision.
20 "Municipal police officer." Any natural person who is
21 properly employed by a municipality, including a home rule
22 municipality, as a regular full-time or part-time police
23 officer.
24 "Primary jurisdiction." The geographical area within the
25 territorial limits of a municipality or any lawful combination
26 of municipalities which employs a municipal police officer[.]
27 and in the case of a county of the third class that has
28 established a county park police force in accordance with the
29 provisions of section 2511 of the act of August 9, 1955
30 (P.L.323, No.130), known as The County Code, the geographical
20030S0092B1995 - 24 -
1 area designated by ordinance of its board of county
2 commissioners as the jurisdictional area for the county park
3 police.
4 "Training law." The act of June 18, 1974 (P.L.359, No.120),
5 referred to as the Municipal Police Education and Training Law.
6 Section 5. Sections 501, 502, 503, 504, 511 and 513 of the <--
7 act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
8 Tenant Act of 1951, are repealed.
9 Section 6. The addition of 42 Pa.C.S. Ch. 64 62 is a <--
10 codification of sections 501, 502, 503, 504, 511 and 513 of the
11 act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
12 Tenant Act of 1951. The following apply:
13 (1) The following provisions shall apply to actions
14 commenced on or after the effective date of this section:
15 (i) The addition of 42 Pa.C.S. Ch. 64 62. <--
16 (ii) Section 3 of this act.
17 (2) Actions pending on the effective date of this
18 section shall be completed under the former sections 501,
19 502, 503, 504, 511 and 513 of The Landlord and Tenant Act of
20 1951.
21 (3) Except as set forth in paragraph (4), any difference
22 in language between 42 Pa.C.S. Ch. 64 62 and sections 501, <--
23 502, 503, 504, 511 and 513 of The Landlord and Tenant Act of
24 1951 is intended only to conform to the style of the
25 Pennsylvania Consolidated Statutes and is not intended to
26 change or affect the legislative intent, judicial
27 construction or administration and implementation of sections
28 501, 502, 503, 504, 511 and 513 of The Landlord and Tenant
29 Act of 1951.
30 (4) Paragraph (3) does not apply to the addition of 42 <--
20030S0092B1995 - 25 -
1 Pa.C.S. § 6403(b), (c), (d) and (e).
2 (4) PARAGRAPH (3) DOES NOT APPLY TO THE ADDITION OF ANY <--
3 OF THE FOLLOWING PROVISIONS OF TITLE 42:
4 (I) SECTION 6202(A)(1) AND (B).
5 (II) SECTION 6203(B), (C), (D), (E) AND (F).
6 Section 7. This act shall take effect as follows:
7 (1) This section shall take effect immediately.
8 (2) The following provisions shall take effect in 60
9 days:
10 (i) The amendment of 42 Pa.C.S. § 5522(b).
11 (ii) The amendment or addition of 42 Pa.C.S §
12 8103(a), (b), (c)(3) and (5), (e), (f.1), (f.2) and (g).
13 (iii) The amendment of 42 Pa.C.S. § 8951.
14 (3) The remainder of this act shall take effect in 120
15 days.
16 SECTION 7. THE DEFINITIONS OF "EMPLOYED," "PREDATORY" AND <--
17 "SEXUALLY VIOLENT PREDATOR" IN SECTION 9792 OF TITLE 42 ARE
18 AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO
19 READ:
20 § 9792. DEFINITIONS.
21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
22 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
23 CONTEXT CLEARLY INDICATES OTHERWISE:
24 "ACTIVE NOTIFICATION." NOTIFICATION PURSUANT TO SECTION 9798
25 (RELATING TO OTHER NOTIFICATION) OR ANY PROCESS WHEREBY LAW
26 ENFORCEMENT, PURSUANT TO THE LAWS OF THE UNITED STATES OR ONE OF
27 ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF
28 COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A FOREIGN NATION,
29 NOTIFIES PERSONS IN THE COMMUNITY IN WHICH THE INDIVIDUAL
30 RESIDES, INCLUDING ANY PERSON IDENTIFIED IN SECTION 9798(B), OF
20030S0092B1995 - 26 -
1 THE RESIDENCE, EMPLOYMENT OR SCHOOL LOCATION OF THE INDIVIDUAL.
2 "APPROVED REGISTRATION SITE." A SITE IN THIS COMMONWEALTH
3 APPROVED BY THE PENNSYLVANIA STATE POLICE AS REQUIRED BY SECTION
4 9799.1(2) (RELATING TO DUTIES OF PENNSYLVANIA STATE POLICE):
5 (1) AT WHICH INDIVIDUALS SUBJECT TO THIS SUBCHAPTER MAY
6 REGISTER, VERIFY INFORMATION OR BE FINGERPRINTED OR
7 PHOTOGRAPHED AS REQUIRED BY THIS SUBCHAPTER;
8 (2) WHICH IS CAPABLE OF SUBMITTING FINGERPRINTS
9 UTILIZING THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION
10 SYSTEM OR IN ANOTHER MANNER AND IN SUCH FORM AS THE
11 PENNSYLVANIA STATE POLICE SHALL REQUIRE; AND
12 (3) WHICH IS CAPABLE OF SUBMITTING PHOTOGRAPHS UTILIZING
13 THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN ANOTHER MANNER
14 AND IN SUCH FORM AS THE PENNSYLVANIA STATE POLICE SHALL
15 REQUIRE.
16 * * *
17 "COMMON INTEREST COMMUNITY." INCLUDES A COOPERATIVE, A
18 CONDOMINIUM AND A PLANNED COMMUNITY WHERE AN INDIVIDUAL, BY
19 VIRTUE OF AN OWNERSHIP INTEREST IN ANY PORTION OF REAL ESTATE,
20 IS OR MAY BECOME OBLIGATED BY COVENANT, EASEMENT OR AGREEMENT
21 IMPOSED UPON THE OWNER'S INTEREST TO PAY ANY AMOUNT FOR REAL
22 PROPERTY TAXES, INSURANCE, MAINTENANCE, REPAIR, IMPROVEMENT,
23 MANAGEMENT, ADMINISTRATION OR REGULATION OF ANY PART OF THE REAL
24 ESTATE OTHER THAN THE PORTION OR INTEREST OWNED SOLELY BY THE
25 INDIVIDUAL.
26 "COMMONWEALTH PHOTO IMAGING NETWORK." THE COMPUTER NETWORK
27 ADMINISTERED BY THE COMMONWEALTH AND USED TO RECORD AND STORE
28 DIGITAL PHOTOGRAPHS OF AN INDIVIDUAL'S FACE AND ANY SCARS,
29 MARKS, TATTOOS OR OTHER UNIQUE FEATURES OF THE INDIVIDUAL.
30 "EMPLOYED." INCLUDES A VOCATION OR EMPLOYMENT THAT IS FULL-
20030S0092B1995 - 27 -
1 TIME OR PART-TIME FOR A PERIOD OF TIME EXCEEDING 14 DAYS OR FOR
2 AN AGGREGATE PERIOD OF TIME EXCEEDING 30 DAYS DURING ANY
3 CALENDAR YEAR, WHETHER FINANCIALLY COMPENSATED, VOLUNTEERED,
4 PURSUANT TO A CONTRACT OR FOR THE PURPOSE OF GOVERNMENT OR
5 EDUCATIONAL BENEFIT.
6 * * *
7 "INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM."
8 THE NATIONAL FINGERPRINT AND CRIMINAL HISTORY SYSTEM MAINTAINED
9 BY THE FEDERAL BUREAU OF INVESTIGATION PROVIDING AUTOMATED
10 FINGERPRINT SEARCH CAPABILITIES, LATENT SEARCHING CAPABILITY,
11 ELECTRONIC IMAGE STORAGE AND ELECTRONIC EXCHANGE OF FINGERPRINTS
12 AND RESPONSES.
13 * * *
14 "PASSIVE NOTIFICATION." NOTIFICATION PURSUANT TO SECTION
15 9798.1 (RELATING TO INFORMATION MADE AVAILABLE ON THE INTERNET)
16 OR ANY PROCESS WHEREBY PERSONS, PURSUANT TO THE LAWS OF THE
17 UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS, ANOTHER
18 STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO
19 OR A FOREIGN NATION ARE ABLE TO ACCESS INFORMATION PERTAINING TO
20 AN INDIVIDUAL AS A RESULT OF THE INDIVIDUAL HAVING BEEN
21 CONVICTED OR SENTENCED BY A COURT FOR AN OFFENSE SIMILAR TO AN
22 OFFENSE LISTED IN SECTION 9795.1 (RELATING TO REGISTRATION).
23 * * *
24 "PREDATORY." AN ACT DIRECTED AT A STRANGER OR AT A PERSON
25 WITH WHOM A RELATIONSHIP HAS BEEN [ESTABLISHED OR PROMOTED FOR
26 THE PRIMARY PURPOSE OF] INITIATED, ESTABLISHED, MAINTAINED OR
27 PROMOTED, IN WHOLE OR IN PART, IN ORDER TO FACILITATE OR SUPPORT
28 VICTIMIZATION.
29 * * *
30 "SEXUALLY VIOLENT PREDATOR." A PERSON WHO HAS BEEN CONVICTED
20030S0092B1995 - 28 -
1 OF A SEXUALLY VIOLENT OFFENSE AS SET FORTH IN SECTION 9795.1
2 (RELATING TO REGISTRATION) AND WHO IS DETERMINED TO BE A
3 SEXUALLY VIOLENT PREDATOR UNDER SECTION 9795.4 (RELATING TO
4 ASSESSMENTS) DUE TO A MENTAL ABNORMALITY OR PERSONALITY DISORDER
5 THAT MAKES THE PERSON LIKELY TO ENGAGE IN PREDATORY SEXUALLY
6 VIOLENT OFFENSES. THE TERM INCLUDES AN INDIVIDUAL DETERMINED TO
7 BE A SEXUALLY VIOLENT PREDATOR WHERE THE DETERMINATION OCCURRED
8 IN [ANOTHER STATE, TERRITORY, FEDERAL COURT, THE DISTRICT OF
9 COLUMBIA OR BY COURT MARTIAL.] THE UNITED STATES OR ONE OF ITS
10 TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE DISTRICT OF
11 COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, A FOREIGN NATION OR
12 BY COURT MARTIAL.
13 * * *
14 SECTION 8. SECTIONS 9795.1(A)(1) AND 9795.2 OF TITLE 42 ARE
15 AMENDED TO READ:
16 § 9795.1. REGISTRATION.
17 (A) TEN-YEAR REGISTRATION.--THE FOLLOWING INDIVIDUALS SHALL
18 BE REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE FOR A
19 PERIOD OF TEN YEARS:
20 (1) INDIVIDUALS CONVICTED OF ANY OF THE FOLLOWING
21 OFFENSES:
22 18 PA.C.S. § 2901 (RELATING TO KIDNAPPING) WHERE THE
23 VICTIM IS A MINOR.
24 18 PA.C.S. § 2910 (RELATING TO LURING A CHILD INTO A
25 MOTOR VEHICLE).
26 18 PA.C.S. § 3124.2 (RELATING TO INSTITUTIONAL SEXUAL
27 ASSAULT).
28 18 PA.C.S. § 3126 (RELATING TO INDECENT ASSAULT)
29 WHERE THE OFFENSE IS A MISDEMEANOR OF THE FIRST DEGREE.
30 18 PA.C.S. § 4302 (RELATING TO INCEST) WHERE THE
20030S0092B1995 - 29 -
1 VICTIM IS 12 YEARS OF AGE OR OLDER BUT UNDER 18 YEARS OF
2 AGE.
3 18 PA.C.S. § 5902(B) (RELATING TO PROSTITUTION AND
4 RELATED OFFENSES) WHERE THE ACTOR PROMOTES THE
5 PROSTITUTION OF A MINOR.
6 18 PA.C.S. § 5903(A)(3), (4), (5) OR (6) (RELATING TO
7 OBSCENE AND OTHER SEXUAL MATERIALS AND PERFORMANCES)
8 WHERE THE VICTIM IS A MINOR.
9 18 PA.C.S. § 6312 (RELATING TO SEXUAL ABUSE OF
10 CHILDREN).
11 18 PA.C.S. § 6318 (RELATING TO UNLAWFUL CONTACT WITH
12 MINOR).
13 18 PA.C.S. § 6320 (RELATING TO SEXUAL EXPLOITATION OF
14 CHILDREN).
15 * * *
16 § 9795.2. REGISTRATION PROCEDURES AND APPLICABILITY.
17 (A) REGISTRATION.--
18 (1) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL BE
19 REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UPON
20 RELEASE FROM INCARCERATION, UPON PAROLE FROM A STATE OR
21 COUNTY CORRECTIONAL INSTITUTION OR UPON THE COMMENCEMENT OF A
22 SENTENCE OF INTERMEDIATE PUNISHMENT OR PROBATION. FOR
23 PURPOSES OF REGISTRATION, OFFENDERS AND SEXUALLY VIOLENT
24 PREDATORS SHALL PROVIDE THE PENNSYLVANIA STATE POLICE WITH
25 ALL CURRENT OR INTENDED RESIDENCES, ALL INFORMATION
26 CONCERNING CURRENT OR INTENDED EMPLOYMENT AND ALL INFORMATION
27 CONCERNING CURRENT OR INTENDED ENROLLMENT AS A STUDENT.
28 (2) OFFENDERS AND SEXUALLY VIOLENT PREDATORS SHALL
29 INFORM THE PENNSYLVANIA STATE POLICE WITHIN TEN DAYS OF:
30 (I) ANY CHANGE OF RESIDENCE OR ESTABLISHMENT OF AN
20030S0092B1995 - 30 -
1 ADDITIONAL RESIDENCE OR RESIDENCES.
2 (II) ANY CHANGE OF EMPLOYER OR EMPLOYMENT LOCATION
3 FOR A PERIOD OF TIME THAT WILL EXCEED 14 DAYS OR FOR AN
4 AGGREGATE PERIOD OF TIME THAT WILL EXCEED 30 DAYS DURING
5 ANY CALENDAR YEAR, OR TERMINATION OF EMPLOYMENT.
6 (III) ANY CHANGE OF INSTITUTION OR LOCATION AT WHICH
7 THE PERSON IS ENROLLED AS A STUDENT, OR TERMINATION OF
8 ENROLLMENT.
9 (IV) BECOMING EMPLOYED OR ENROLLED AS A STUDENT IF
10 THE PERSON HAS NOT PREVIOUSLY PROVIDED THAT INFORMATION
11 TO THE PENNSYLVANIA STATE POLICE.
12 (2.1) REGISTRATION WITH A NEW LAW ENFORCEMENT AGENCY
13 SHALL OCCUR NO LATER THAN TEN DAYS AFTER ESTABLISHING
14 RESIDENCE IN ANOTHER STATE.
15 (3) THE TEN-YEAR REGISTRATION PERIOD REQUIRED IN SECTION
16 9795.1(A) (RELATING TO REGISTRATION) SHALL BE TOLLED WHEN AN
17 OFFENDER IS RECOMMITTED FOR A PAROLE VIOLATION OR SENTENCED
18 TO AN ADDITIONAL TERM OF IMPRISONMENT. IN SUCH CASES, THE
19 DEPARTMENT OF CORRECTIONS OR COUNTY CORRECTIONAL FACILITY
20 SHALL NOTIFY THE PENNSYLVANIA STATE POLICE OF THE ADMISSION
21 OF THE OFFENDER.
22 (4) THIS PARAGRAPH SHALL APPLY TO ALL OFFENDERS AND
23 SEXUALLY VIOLENT PREDATORS:
24 (I) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR
25 WAS GRANTED PAROLE BY THE PENNSYLVANIA BOARD OF PROBATION
26 AND PAROLE OR THE COURT OR IS SENTENCED TO PROBATION OR
27 INTERMEDIATE PUNISHMENT, THE BOARD OR COUNTY OFFICE OF
28 PROBATION AND PAROLE SHALL COLLECT REGISTRATION
29 INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT
30 PREDATOR AND FORWARD THAT REGISTRATION INFORMATION TO THE
20030S0092B1995 - 31 -
1 PENNSYLVANIA STATE POLICE. THE DEPARTMENT OF CORRECTIONS
2 OR COUNTY CORRECTIONAL FACILITY SHALL NOT RELEASE THE
3 OFFENDER OR SEXUALLY VIOLENT PREDATOR UNTIL IT RECEIVES
4 VERIFICATION FROM THE PENNSYLVANIA STATE POLICE THAT IT
5 HAS RECEIVED THE REGISTRATION INFORMATION. VERIFICATION
6 BY THE PENNSYLVANIA STATE POLICE MAY OCCUR BY ELECTRONIC
7 MEANS, INCLUDING E-MAIL OR FACSIMILE TRANSMISSION. WHERE
8 THE OFFENDER OR SEXUALLY VIOLENT PREDATOR IS SCHEDULED TO
9 BE RELEASED FROM A STATE CORRECTIONAL FACILITY OR COUNTY
10 CORRECTIONAL FACILITY BECAUSE OF THE EXPIRATION OF THE
11 MAXIMUM TERM OF INCARCERATION, THE DEPARTMENT OF
12 CORRECTIONS OR COUNTY CORRECTIONAL FACILITY SHALL COLLECT
13 THE INFORMATION FROM THE OFFENDER OR SEXUALLY VIOLENT
14 PREDATOR NO LATER THAN TEN DAYS PRIOR TO THE MAXIMUM
15 EXPIRATION DATE. THE REGISTRATION INFORMATION SHALL BE
16 FORWARDED TO THE PENNSYLVANIA STATE POLICE.
17 (II) WHERE THE OFFENDER OR SEXUALLY VIOLENT PREDATOR
18 SCHEDULED TO BE RELEASED FROM A STATE CORRECTIONAL
19 FACILITY OR COUNTY CORRECTIONAL FACILITY DUE TO THE
20 MAXIMUM EXPIRATION DATE REFUSES TO PROVIDE THE
21 REGISTRATION INFORMATION, THE DEPARTMENT OF CORRECTIONS
22 OR COUNTY CORRECTIONAL FACILITY SHALL NOTIFY THE
23 PENNSYLVANIA STATE POLICE OR POLICE DEPARTMENT WITH
24 JURISDICTION OVER THE FACILITY OF THE FAILURE TO PROVIDE
25 REGISTRATION INFORMATION AND OF THE EXPECTED DATE, TIME
26 AND LOCATION OF THE RELEASE OF THE OFFENDER OR SEXUALLY
27 VIOLENT PREDATOR.
28 (B) INDIVIDUALS CONVICTED OR SENTENCED BY A COURT OR
29 ADJUDICATED DELINQUENT IN JURISDICTIONS OUTSIDE THIS
30 COMMONWEALTH OR SENTENCED BY COURT MARTIAL.--
20030S0092B1995 - 32 -
1 [(1) THE REGISTRATION REQUIREMENTS OF THIS SUBCHAPTER
2 SHALL APPLY TO INDIVIDUALS CONVICTED OF AN EQUIVALENT OFFENSE
3 LISTED IN SECTION 9795.1 WHERE THE CONVICTION OCCURRED [IN
4 ANOTHER STATE, TERRITORY, FEDERAL COURT OR THE DISTRICT OF
5 COLUMBIA OR WHERE THE INDIVIDUAL WAS SENTENCED BY COURT
6 MARTIAL, OR WHERE THE INDIVIDUAL WAS REQUIRED TO REGISTER
7 UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION WHERE THE
8 INDIVIDUAL WAS CONVICTED AND THE INDIVIDUAL:
9 (I) RESIDES IN THIS COMMONWEALTH; OR
10 (II) IS EMPLOYED OR IS A STUDENT IN THIS
11 COMMONWEALTH.
12 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS
13 SUBSECTION SHALL REGISTER WITHIN TEN DAYS OF HIS ARRIVAL IN
14 THIS COMMONWEALTH.
15 (3) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER THIS
16 SUBSECTION WHO IS PAROLED TO THE COMMONWEALTH PURSUANT TO THE
17 INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES AND
18 PROBATIONERS SHALL, IN ADDITION TO THE REQUIREMENTS OF THIS
19 SUBCHAPTER, BE SUBJECT TO THE REQUIREMENTS OF SECTION 33 OF
20 THE ACT OF AUGUST 6, 1941 (P.L.861, NO.323), REFERRED TO AS
21 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE LAW.]
22 (4) AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A
23 STUDENT IN THIS COMMONWEALTH AND WHO HAS BEEN CONVICTED OF OR
24 SENTENCED BY A COURT OR COURT MARTIALED FOR A SEXUALLY
25 VIOLENT OFFENSE OR A SIMILAR OFFENSE UNDER THE LAWS OF THE
26 UNITED STATES OR ONE OF ITS TERRITORIES OR POSSESSIONS,
27 ANOTHER STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF
28 PUERTO RICO OR A FOREIGN NATION, OR WHO WAS REQUIRED TO
29 REGISTER UNDER A SEXUAL OFFENDER STATUTE IN THE JURISDICTION
30 WHERE CONVICTED, SENTENCED OR COURT MARTIALED, SHALL REGISTER
20030S0092B1995 - 33 -
1 AT AN APPROVED REGISTRATION SITE WITHIN TEN DAYS OF THE
2 INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH. THE PROVISIONS OF
3 THIS SUBCHAPTER SHALL APPLY TO THE INDIVIDUAL 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), EXCEPT THAT THE INDIVIDUAL SHALL NOT BE
23 REQUIRED TO RECEIVE COUNSELING UNLESS REQUIRED TO DO SO
24 BY THE OTHER JURISDICTION OR BY REASON OF COURT MARTIAL.
25 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND
26 (IV), IF THE INDIVIDUAL HAS BEEN CONVICTED OR SENTENCED
27 BY A COURT OR COURT MARTIALED FOR AN OFFENSE LISTED IN
28 SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE
29 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE
30 CONSIDERED AN OFFENDER AND BE SUBJECT TO LIFETIME
20030S0092B1995 - 34 -
1 REGISTRATION PURSUANT TO 9795.1(B). THE INDIVIDUAL SHALL
2 ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION AND
3 SECTIONS 9796 AND 9798.1(C)(2).
4 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II),
5 (IV) AND (V), IF THE INDIVIDUAL HAS BEEN CONVICTED OR
6 SENTENCED BY A COURT OR COURT MARTIALED FOR AN OFFENSE
7 LISTED IN SECTION 9795.1(A) OR AN EQUIVALENT OFFENSE, THE
8 INDIVIDUAL SHALL BE, NOTWITHSTANDING SECTION 9792,
9 CONSIDERED AN OFFENDER AND SUBJECT TO REGISTRATION
10 PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL SHALL ALSO BE
11 SUBJECT TO THE PROVISIONS OF THIS SECTION AND SECTIONS
12 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO
13 THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A PERIOD
14 OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS
15 REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR
16 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL,
17 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE
18 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
19 REGISTRATION REQUIREMENTS.
20 (IV) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) AND
21 NOTWITHSTANDING SUBPARAGRAPH (V), IF THE INDIVIDUAL IS
22 SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER JURISDICTION,
23 OR SUBJECT TO ACTIVE NOTIFICATION BY REASON OF COURT
24 MARTIAL, THE INDIVIDUAL SHALL, NOTWITHSTANDING SECTION
25 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO THIS
26 SECTION AND SECTIONS 9796, 9798 AND 9798.1(C)(1). IF THE
27 INDIVIDUAL WAS CONVICTED OF OR SENTENCED IN THE OTHER
28 JURISDICTION OR SENTENCED BY COURT MARTIAL FOR AN OFFENSE
29 LISTED IN SECTION 9795.1(B) OR AN EQUIVALENT OFFENSE, THE
30 INDIVIDUAL SHALL BE SUBJECT TO THIS SUBCHAPTER FOR THE
20030S0092B1995 - 35 -
1 INDIVIDUAL'S LIFETIME. IF THE INDIVIDUAL WAS CONVICTED OF
2 OR SENTENCED IN THE OTHER JURISDICTION OR SENTENCED BY
3 COURT MARTIAL FOR AN OFFENSE LISTED IN SECTION 9795.1(A)
4 OR AN EQUIVALENT OFFENSE, THE INDIVIDUAL SHALL BE SUBJECT
5 TO THIS SUBCHAPTER FOR A PERIOD OF TEN YEARS OR FOR A
6 PERIOD OF TIME EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL
7 WAS REQUIRED TO REGISTER IN THE OTHER JURISDICTION OR
8 REQUIRED TO REGISTER BY REASON OF COURT MARTIAL,
9 WHICHEVER IS GREATER, LESS ANY CREDIT DUE TO THE
10 INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
11 REGISTRATION REQUIREMENTS. OTHERWISE, THE INDIVIDUAL
12 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME
13 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED
14 TO REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO
15 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE
16 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
17 REGISTRATION REQUIREMENTS.
18 (V) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I), (II),
19 (III) AND (IV), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE
20 NOTIFICATION IN THE OTHER JURISDICTION OR SUBJECT TO
21 PASSIVE NOTIFICATION BY REASON OF COURT MARTIAL, THE
22 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE
23 CONSIDERED AN OFFENDER AND SUBJECT TO THIS SECTION AND
24 SECTIONS 9796 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE
25 SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO
26 THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED TO
27 REGISTER IN THE OTHER JURISDICTION OR REQUIRED TO
28 REGISTER BY REASON OF COURT MARTIAL, LESS ANY CREDIT DUE
29 TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE WITH
30 REGISTRATION REQUIREMENTS.
20030S0092B1995 - 36 -
1 (5) NOTWITHSTANDING THE PROVISIONS OF CHAPTER 63
2 (RELATING TO JUVENILE MATTERS) AND EXCEPT AS PROVIDED IN
3 PARAGRAPH (4), AN INDIVIDUAL WHO RESIDES, IS EMPLOYED OR IS A
4 STUDENT IN THIS COMMONWEALTH AND WHO IS REQUIRED TO REGISTER
5 AS A SEX OFFENDER UNDER THE LAWS OF THE UNITED STATES OR ONE
6 OF ITS TERRITORIES OR POSSESSIONS, ANOTHER STATE, THE
7 DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO OR A
8 FOREIGN NATION AS A RESULT OF A JUVENILE ADJUDICATION SHALL
9 REGISTER AT AN APPROVED REGISTRATION SITE WITHIN TEN DAYS OF
10 THE INDIVIDUAL'S ARRIVAL IN THIS COMMONWEALTH. THE PROVISIONS
11 OF THIS SUBCHAPTER SHALL APPLY TO THE INDIVIDUAL AS FOLLOWS:
12 (I) IF THE INDIVIDUAL HAS BEEN CLASSIFIED AS A
13 SEXUALLY VIOLENT PREDATOR AS DEFINED IN SECTION 9792 OR
14 DETERMINED, UNDER THE LAWS OF THE OTHER JURISDICTION TO
15 BE SUBJECT TO ACTIVE NOTIFICATION AND LIFETIME
16 REGISTRATION ON THE BASIS OF A STATUTORILY AUTHORIZED
17 ADMINISTRATIVE OR JUDICIAL DECISION, OR ON THE BASIS OF A
18 STATUTE OR ADMINISTRATIVE RULE REQUIRING ACTIVE
19 NOTIFICATION AND LIFETIME REGISTRATION BASED SOLELY ON
20 THE OFFENSE FOR WHICH THE INDIVIDUAL WAS ADJUDICATED, THE
21 INDIVIDUAL SHALL, NOTWITHSTANDING SECTION 9792, BE
22 CONSIDERED A SEXUALLY VIOLENT PREDATOR AND SUBJECT TO
23 LIFETIME REGISTRATION PURSUANT TO SECTION 9795.1(B). THE
24 INDIVIDUAL SHALL ALSO BE SUBJECT TO THE PROVISIONS OF
25 THIS SECTION AND SECTIONS 9796 AND 9798.1(C)(1), EXCEPT
26 THAT THE INDIVIDUAL SHALL NOT BE REQUIRED TO RECEIVE
27 COUNSELING UNLESS REQUIRED TO DO SO BY THE OTHER
28 JURISDICTION.
29 (II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I), IF THE
30 INDIVIDUAL IS SUBJECT TO ACTIVE NOTIFICATION IN THE OTHER
20030S0092B1995 - 37 -
1 JURISDICTION, THE INDIVIDUAL SHALL, NOTWITHSTANDING
2 SECTION 9792, BE CONSIDERED AN OFFENDER AND SUBJECT TO
3 REGISTRATION PURSUANT TO THIS SUBCHAPTER. THE INDIVIDUAL
4 SHALL ALSO BE SUBJECT TO THE PROVISIONS OF THIS SECTION
5 AND SECTIONS 9796, 9798 AND 9798.1(C)(1). THE INDIVIDUAL
6 SHALL BE SUBJECT TO THIS SUBCHAPTER FOR A PERIOD OF TIME
7 EQUAL TO THE TIME FOR WHICH THE INDIVIDUAL WAS REQUIRED
8 TO REGISTER IN THE OTHER JURISDICTION, LESS ANY CREDIT
9 DUE TO THE INDIVIDUAL AS A RESULT OF PRIOR COMPLIANCE
10 WITH REGISTRATION REQUIREMENTS.
11 (III) EXCEPT AS PROVIDED IN SUBPARAGRAPHS (I) AND
12 (II), IF THE INDIVIDUAL IS SUBJECT TO PASSIVE
13 NOTIFICATION IN THE OTHER JURISDICTION, THE INDIVIDUAL
14 SHALL, NOTWITHSTANDING SECTION 9792, BE CONSIDERED AN
15 OFFENDER AND BE SUBJECT TO THIS SECTION AND SECTIONS 9796
16 AND 9798.1(C)(2). THE INDIVIDUAL SHALL BE SUBJECT TO THIS
17 SUBCHAPTER FOR A PERIOD OF TIME EQUAL TO THE TIME FOR
18 WHICH THE INDIVIDUAL WAS REQUIRED TO REGISTER IN THE
19 OTHER JURISDICTION, LESS ANY CREDIT DUE TO THE INDIVIDUAL
20 AS A RESULT OF PRIOR REGISTRATION COMPLIANCE.
21 (C) REGISTRATION INFORMATION TO LOCAL POLICE.--
22 (1) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE THE
23 INFORMATION OBTAINED UNDER THIS SECTION AND SECTIONS 9795.3
24 (RELATING TO SENTENCING COURT INFORMATION) AND 9796 (RELATING
25 TO VERIFICATION OF RESIDENCE) TO THE CHIEF LAW ENFORCEMENT
26 OFFICERS OF THE POLICE DEPARTMENTS OF THE MUNICIPALITIES IN
27 WHICH THE INDIVIDUAL WILL RESIDE, BE EMPLOYED OR ENROLLED AS
28 A STUDENT. IN ADDITION, THE PENNSYLVANIA STATE POLICE SHALL
29 PROVIDE THIS OFFICER WITH THE ADDRESS AT WHICH THE INDIVIDUAL
30 WILL RESIDE, BE EMPLOYED OR ENROLLED AS A STUDENT FOLLOWING
20030S0092B1995 - 38 -
1 HIS RELEASE FROM INCARCERATION, PAROLE OR PROBATION.
2 (2) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE NOTICE
3 TO THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE
4 DEPARTMENTS OF THE MUNICIPALITIES NOTIFIED PURSUANT TO
5 PARAGRAPH (1) WHEN AN INDIVIDUAL FAILS TO COMPLY WITH THE
6 REGISTRATION REQUIREMENTS OF THIS SECTION OR SECTION 9796,
7 AND REQUEST, AS APPROPRIATE, THAT THESE POLICE DEPARTMENTS
8 ASSIST IN LOCATING AND APPREHENDING THE INDIVIDUAL.
9 (3) THE PENNSYLVANIA STATE POLICE SHALL PROVIDE NOTICE
10 TO THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE
11 DEPARTMENTS OF THE MUNICIPALITIES NOTIFIED PURSUANT TO
12 PARAGRAPH (1) WHEN THEY ARE IN RECEIPT OF INFORMATION
13 INDICATING THAT THE INDIVIDUAL WILL NO LONGER RESIDE, BE
14 EMPLOYED OR BE ENROLLED AS A STUDENT, IN THE MUNICIPALITY.
15 (D) PENALTY.--
16 [(1) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION
17 9795.1(A) WHO FAILS TO REGISTER WITH THE PENNSYLVANIA STATE
18 POLICE AS REQUIRED IN THIS SECTION COMMITS A FELONY OF THE
19 THIRD DEGREE.
20 (2) AN INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION
21 9795.1(B)(1), (2) OR (3) WHO FAILS TO REGISTER WITH THE
22 PENNSYLVANIA STATE POLICE AS REQUIRED IN THIS SECTION COMMITS
23 A FELONY OF THE FIRST DEGREE AND SHALL BE SENTENCED TO A
24 MANDATORY MINIMUM SENTENCE OF PROBATION FOR THE REMAINDER OF
25 THE INDIVIDUAL'S LIFETIME AND MAY BE SENTENCED TO A PERIOD OF
26 INCARCERATION OF UP TO THE INDIVIDUAL'S LIFETIME.] AN
27 INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 9795.1(A) OR
28 (B) WHO FAILS TO REGISTER WITH THE PENNSYLVANIA STATE POLICE
29 AS REQUIRED BY THIS SECTION MAY BE SUBJECT TO PROSECUTION
30 UNDER 18 PA.C.S. § 4915 (RELATING TO FAILURE TO COMPLY WITH
20030S0092B1995 - 39 -
1 REGISTRATION OF SEXUAL OFFENDERS REQUIREMENTS).
2 (E) REGISTRATION SITES.--AN INDIVIDUAL SUBJECT TO SECTION
3 9795.1 SHALL REGISTER AND SUBMIT TO FINGERPRINTING AND
4 PHOTOGRAPHING AS REQUIRED BY THIS SUBCHAPTER AT APPROVED
5 REGISTRATION SITES.
6 SECTION 9. SECTION 9795.4(B), (C), (D) AND (E)(4) OF TITLE
7 42 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION
8 TO READ:
9 § 9795.4. ASSESSMENTS.
10 * * *
11 (B) ASSESSMENT.--UPON RECEIPT FROM THE COURT OF AN ORDER FOR
12 AN ASSESSMENT, A MEMBER OF THE BOARD AS DESIGNATED BY THE
13 ADMINISTRATIVE OFFICER OF THE BOARD SHALL CONDUCT AN ASSESSMENT
14 OF THE INDIVIDUAL TO DETERMINE IF THE INDIVIDUAL SHOULD BE
15 CLASSIFIED AS A SEXUALLY VIOLENT PREDATOR. THE BOARD SHALL
16 ESTABLISH STANDARDS FOR EVALUATIONS AND FOR EVALUATORS
17 CONDUCTING THE ASSESSMENTS. AN ASSESSMENT SHALL INCLUDE, BUT NOT
18 BE LIMITED TO, AN EXAMINATION OF THE FOLLOWING:
19 (1) FACTS OF THE CURRENT OFFENSE, INCLUDING:
20 (I) WHETHER THE OFFENSE INVOLVED MULTIPLE VICTIMS.
21 (II) WHETHER THE INDIVIDUAL EXCEEDED THE MEANS
22 NECESSARY TO ACHIEVE THE OFFENSE.
23 (III) THE NATURE OF THE SEXUAL CONTACT WITH THE
24 VICTIM.
25 (IV) RELATIONSHIP OF THE INDIVIDUAL TO THE VICTIM.
26 (V) AGE OF THE VICTIM.
27 (VI) WHETHER THE OFFENSE INCLUDED A DISPLAY OF
28 UNUSUAL CRUELTY BY THE INDIVIDUAL DURING THE COMMISSION
29 OF THE CRIME.
30 (VII) THE MENTAL CAPACITY OF THE VICTIM.
20030S0092B1995 - 40 -
1 (2) PRIOR OFFENSE HISTORY, INCLUDING:
2 (I) THE INDIVIDUAL'S PRIOR CRIMINAL RECORD.
3 (II) WHETHER THE INDIVIDUAL COMPLETED ANY PRIOR
4 SENTENCES.
5 (III) WHETHER THE INDIVIDUAL PARTICIPATED IN
6 AVAILABLE PROGRAMS FOR SEXUAL OFFENDERS.
7 (3) CHARACTERISTICS OF THE INDIVIDUAL, INCLUDING:
8 (I) AGE OF THE INDIVIDUAL.
9 (II) USE OF ILLEGAL DRUGS BY THE INDIVIDUAL.
10 (III) ANY MENTAL ILLNESS, MENTAL DISABILITY OR
11 MENTAL ABNORMALITY.
12 (IV) BEHAVIORAL CHARACTERISTICS THAT CONTRIBUTE TO
13 THE INDIVIDUAL'S CONDUCT.
14 (4) FACTORS THAT ARE SUPPORTED IN A SEXUAL OFFENDER
15 ASSESSMENT [FILED] FIELD AS CRITERIA REASONABLY RELATED TO
16 THE RISK OF REOFFENSE.
17 (C) RELEASE OF INFORMATION.--ALL STATE, COUNTY AND LOCAL
18 AGENCIES, OFFICES OR ENTITIES IN THIS COMMONWEALTH, INCLUDING
19 JUVENILE PROBATION OFFICERS, SHALL COOPERATE BY PROVIDING COPIES
20 OF RECORDS AND INFORMATION AS REQUESTED BY THE BOARD IN
21 CONNECTION WITH THE COURT-ORDERED ASSESSMENT AND THE ASSESSMENT
22 REQUESTED BY THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE[.]
23 OR THE ASSESSMENT OF A DELINQUENT CHILD UNDER SECTION 6358
24 (RELATING TO ASSESSMENT OF DELINQUENT CHILDREN BY THE STATE
25 SEXUAL OFFENDERS ASSESSMENT BOARD).
26 (D) SUBMISSION OF REPORT BY BOARD.--THE BOARD SHALL HAVE 90
27 DAYS FROM THE DATE OF CONVICTION OF THE INDIVIDUAL TO SUBMIT A
28 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE DISTRICT
29 ATTORNEY [NO LATER THAN 90 DAYS FROM THE DATE OF CONVICTION OF
30 THE INDIVIDUAL].
20030S0092B1995 - 41 -
1 (E) HEARING.--
2 * * *
3 (4) A COPY OF THE ORDER CONTAINING THE DETERMINATION OF
4 THE COURT SHALL BE IMMEDIATELY SUBMITTED TO THE INDIVIDUAL,
5 THE DISTRICT ATTORNEY, THE PENNSYLVANIA BOARD OF PROBATION
6 AND PAROLE, THE DEPARTMENT OF CORRECTIONS [AND], THE BOARD
7 AND THE PENNSYLVANIA STATE POLICE.
8 * * *
9 (I) OTHER ASSESSMENTS.--UPON RECEIPT FROM THE COURT OF AN
10 ORDER FOR AN ASSESSMENT UNDER SECTION 9795.5 (RELATING TO
11 EXEMPTION FROM CERTAIN NOTIFICATION), A MEMBER OF THE BOARD AS
12 DESIGNATED BY THE ADMINISTRATIVE OFFICER OF THE BOARD SHALL
13 CONDUCT AN ASSESSMENT OF THE INDIVIDUAL TO DETERMINE IF THE
14 RELIEF SOUGHT, IF GRANTED, IS LIKELY TO POSE A THREAT TO THE
15 SAFETY OF ANY OTHER PERSON. THE BOARD SHALL ESTABLISH STANDARDS
16 FOR EVALUATIONS AND FOR EVALUATORS CONDUCTING THESE ASSESSMENTS.
17 SECTION 10. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
18 § 9795.5. EXEMPTION FROM CERTAIN NOTIFICATIONS.
19 (A) LIFETIME REGISTRANTS NOT CLASSIFIED AS SEXUALLY VIOLENT
20 PREDATORS.--
21 (1) AN INDIVIDUAL REQUIRED TO REGISTER UNDER SECTION
22 9795.1 (RELATING TO REGISTRATION), WHO IS NOT A SEXUALLY
23 VIOLENT PREDATOR, MAY PETITION THE SENTENCING COURT TO BE
24 EXEMPT FROM THE APPLICATION OF SECTION 9798.1 (RELATING TO
25 INFORMATION MADE AVAILABLE ON THE INTERNET) PROVIDED NO LESS
26 THAN 20 YEARS HAVE PASSED SINCE THE INDIVIDUAL HAS BEEN
27 CONVICTED IN THIS OR ANY OTHER JURISDICTION OF ANY OFFENSE
28 PUNISHABLE BY IMPRISONMENT FOR MORE THAN ONE YEAR, OR THE
29 INDIVIDUAL'S RELEASE FROM CUSTODY FOLLOWING THE INDIVIDUAL'S
30 MOST RECENT CONVICTION FOR ANY SUCH OFFENSE, WHICHEVER IS
20030S0092B1995 - 42 -
1 LATER.
2 (2) UPON RECEIPT OF A PETITION FILED UNDER PARAGRAPH
3 (1), THE SENTENCING COURT SHALL ENTER AN ORDER DIRECTING THAT
4 THE PETITIONER BE ASSESSED BY THE BOARD IN ACCORDANCE WITH
5 THE PROVISIONS OF SECTION 9795.4(I) (RELATING TO
6 ASSESSMENTS). THE ORDER FOR AN ASSESSMENT UNDER THIS
7 SUBSECTION SHALL BE SENT TO THE ADMINISTRATIVE OFFICER OF THE
8 BOARD WITHIN TEN DAYS OF ITS ENTRY. NO LATER THAN 90 DAYS
9 FOLLOWING RECEIPT OF SUCH AN ORDER, THE BOARD SHALL SUBMIT A
10 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE SENTENCING
11 COURT, THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE
12 PETITIONER.
13 (3) WITHIN 120 DAYS OF THE FILING OF A PETITION UNDER
14 PARAGRAPH (1), THE SENTENCING COURT SHALL HOLD A HEARING TO
15 DETERMINE WHETHER TO EXEMPT THE PETITIONER FROM THE
16 APPLICATION OF SECTION 9798.1. THE PETITIONER AND THE
17 DISTRICT ATTORNEY SHALL BE GIVEN NOTICE OF THE HEARING AND AN
18 OPPORTUNITY TO BE HEARD, THE RIGHT TO CALL WITNESSES, THE
19 RIGHT TO CALL EXPERT WITNESSES AND THE RIGHT TO CROSS-EXAMINE
20 WITNESSES. THE PETITIONER SHALL HAVE THE RIGHT TO COUNSEL AND
21 TO HAVE A LAWYER APPOINTED TO REPRESENT HIM IF HE CANNOT
22 AFFORD ONE.
23 (4) THE SENTENCING COURT SHALL EXEMPT THE PETITIONER
24 FROM APPLICATION OF SECTION 9798.1 ONLY UPON FINDING BY CLEAR
25 AND CONVINCING EVIDENCE THAT EXEMPTING THE PETITIONER FROM
26 THE APPLICATION OF SECTION 9798.1 IS NOT LIKELY TO POSE A
27 THREAT TO THE SAFETY OF ANY OTHER PERSON.
28 (B) SEXUALLY VIOLENT PREDATORS.--
29 (1) AN INDIVIDUAL REQUIRED TO REGISTER UNDER SECTION
30 9795.1, WHO IS A SEXUALLY VIOLENT PREDATOR, MAY PETITION THE
20030S0092B1995 - 43 -
1 SENTENCING COURT FOR RELEASE FROM THE APPLICATION OF SECTION
2 9798 (RELATING TO OTHER NOTIFICATION) PROVIDED NO LESS THAN
3 20 YEARS HAVE PASSED SINCE THE INDIVIDUAL HAS BEEN CONVICTED
4 IN THIS OR ANY OTHER JURISDICTION OF ANY OFFENSE PUNISHABLE
5 BY IMPRISONMENT FOR MORE THAN ONE YEAR, OR THE INDIVIDUAL'S
6 RELEASE FROM CUSTODY FOLLOWING THE INDIVIDUAL'S MOST RECENT
7 CONVICTION FOR ANY SUCH OFFENSE, WHICHEVER IS LATER.
8 (2) UPON RECEIPT OF A PETITION UNDER PARAGRAPH (1), THE
9 SENTENCING COURT SHALL ORDER THE PETITIONER TO BE ASSESSED BY
10 THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF SECTION
11 9795.4(I). THE ORDER FOR AN ASSESSMENT PURSUANT TO THIS
12 SUBSECTION SHALL BE SENT TO THE ADMINISTRATIVE OFFICER OF THE
13 BOARD WITHIN TEN DAYS OF ITS ENTRY. NO LATER THAN 90 DAYS
14 FOLLOWING RECEIPT OF SUCH AN ORDER, THE BOARD SHALL SUBMIT A
15 WRITTEN REPORT CONTAINING ITS ASSESSMENT TO THE SENTENCING
16 COURT, THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE
17 PETITIONER.
18 (3) WITHIN 120 DAYS OF THE FILING OF A PETITION UNDER
19 PARAGRAPH (1), THE SENTENCING COURT SHALL HOLD A HEARING TO
20 DETERMINE WHETHER TO EXEMPT THE PETITIONER FROM APPLICATION
21 OF SECTION 9798. THE PETITIONER AND THE DISTRICT ATTORNEY
22 SHALL BE GIVEN NOTICE OF THE HEARING AND AN OPPORTUNITY TO BE
23 HEARD, THE RIGHT TO CALL WITNESSES, THE RIGHT TO CALL EXPERT
24 WITNESSES AND THE RIGHT TO CROSS-EXAMINE WITNESSES. THE
25 PETITIONER SHALL HAVE THE RIGHT TO COUNSEL AND TO HAVE A
26 LAWYER APPOINTED TO REPRESENT HIM IF HE CANNOT AFFORD ONE.
27 (4) THE SENTENCING COURT SHALL EXEMPT THE PETITIONER
28 FROM APPLICATION OF SECTION 9798 ONLY UPON CLEAR AND
29 CONVINCING EVIDENCE THAT RELEASING THE PETITIONER FROM
30 APPLICATION OF SECTION 9798 IS NOT LIKELY TO POSE A THREAT TO
20030S0092B1995 - 44 -
1 THE SAFETY OF ANY OTHER PERSON.
2 (C) NOTICE.--ANY COURT GRANTING RELIEF TO A PETITIONER UNDER
3 THIS SECTION SHALL NOTIFY THE PENNSYLVANIA STATE POLICE IN
4 WRITING WITHIN TEN DAYS FROM THE DATE SUCH RELIEF IS GRANTED.
5 (D) RIGHT TO APPEAL.--THE PETITIONER AND THE COMMONWEALTH
6 SHALL HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTIONS OF THE
7 SENTENCING COURT TAKEN UNDER THIS SECTION. AN APPEAL BY THE
8 COMMONWEALTH SHALL STAY THE ORDER OF THE SENTENCING COURT.
9 (E) SUBSEQUENT CONVICTION FOR FAILING TO COMPLY.--IF AN
10 INDIVIDUAL IS EXEMPT FROM THE APPLICATION OF EITHER SECTION 9798
11 OR 9798.1 UNDER THIS SECTION AND THE INDIVIDUAL IS SUBSEQUENTLY
12 CONVICTED OF AN OFFENSE UNDER 18 PA.C.S. § 4915 (RELATING TO
13 FAILURE TO COMPLY WITH REGISTRATION OF SEXUAL OFFENDERS
14 REQUIREMENTS), ANY RELIEF GRANTED UNDER THIS SECTION SHALL BE
15 VOID AND THE INDIVIDUAL SHALL AUTOMATICALLY AND IMMEDIATELY
16 AGAIN BE SUBJECT TO ALL APPLICABLE PROVISIONS OF THIS
17 SUBCHAPTER, AS PREVIOUSLY DETERMINED BY THIS SUBCHAPTER.
18 SECTION 11. SECTION 9796(A), (B) AND (E) OF TITLE 42 ARE
19 AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
20 READ:
21 § 9796. VERIFICATION OF RESIDENCE.
22 (A) QUARTERLY VERIFICATION BY SEXUALLY VIOLENT PREDATORS.--
23 THE PENNSYLVANIA STATE POLICE SHALL VERIFY THE RESIDENCE AND
24 COMPLIANCE WITH COUNSELING AS PROVIDED FOR IN SECTION 9799.4
25 (RELATING TO COUNSELING OF SEXUALLY VIOLENT PREDATORS) OF
26 SEXUALLY VIOLENT PREDATORS EVERY 90 DAYS THROUGH THE USE OF A
27 NONFORWARDABLE VERIFICATION FORM TO THE LAST REPORTED RESIDENCE.
28 FOR THE PERIOD OF REGISTRATION REQUIRED BY SECTION 9795.1
29 (RELATING TO REGISTRATION), A SEXUALLY VIOLENT PREDATOR SHALL
30 APPEAR [WITHIN TEN DAYS OF RECEIPT OF THE FORM AT ANY
20030S0092B1995 - 45 -
1 PENNSYLVANIA STATE POLICE STATION] QUARTERLY BETWEEN JANUARY 5
2 AND JANUARY 15; APRIL 5 AND APRIL 15; JULY 5 AND JULY 15; AND
3 OCTOBER 5 AND OCTOBER 15 OF EACH CALENDAR YEAR AT AN APPROVED
4 REGISTRATION SITE TO COMPLETE [THE] A VERIFICATION FORM AND TO
5 BE PHOTOGRAPHED.
6 (A.1) FACILITATION OF QUARTERLY VERIFICATION.--THE
7 PENNSYLVANIA STATE POLICE SHALL FACILITATE AND ADMINISTER THE
8 VERIFICATION PROCESS REQUIRED BY SUBSECTION (A) BY:
9 (1) SENDING A NOTICE BY FIRST CLASS UNITED STATES MAIL
10 TO ALL REGISTERED SEXUALLY VIOLENT PREDATORS AT THEIR LAST
11 REPORTED RESIDENCE ADDRESSES. THIS NOTICE SHALL BE SENT NOT
12 MORE THAN 30 DAYS NOR LESS THAN 15 DAYS PRIOR TO EACH OF THE
13 QUARTERLY VERIFICATION PERIODS SET FORTH IN SUBSECTION (A)
14 AND SHALL REMIND SEXUALLY VIOLENT PREDATORS OF THEIR
15 QUARTERLY VERIFICATION REQUIREMENT AND PROVIDE THEM WITH A
16 LIST OF APPROVED REGISTRATION SITES; AND
17 (2) PROVIDING VERIFICATION AND COMPLIANCE FORMS AS
18 NECESSARY TO EACH APPROVED REGISTRATION SITE NOT LESS THAN
19 TEN DAYS BEFORE EACH OF THE QUARTERLY VERIFICATION PERIODS.
20 (B) ANNUAL VERIFICATION BY OFFENDERS.--THE PENNSYLVANIA
21 STATE POLICE SHALL VERIFY THE RESIDENCE OF OFFENDERS [THROUGH
22 THE USE OF A NONFORWARDABLE VERIFICATION FORM]. FOR THE PERIOD
23 OF REGISTRATION REQUIRED BY SECTION 9795.1, [THE OFFENDER SHALL
24 APPEAR WITHIN TEN DAYS OF RECEIPT OF THE FORM AT ANY
25 PENNSYLVANIA STATE POLICE STATION] AN OFFENDER SHALL APPEAR
26 WITHIN TEN DAYS BEFORE EACH ANNUAL ANNIVERSARY DATE OF THE
27 OFFENDER'S INITIAL REGISTRATION UNDER SECTION 9795.1 AT AN
28 APPROVED REGISTRATION SITE TO COMPLETE [THE] A VERIFICATION FORM
29 AND TO BE PHOTOGRAPHED.
30 (B.1) FACILITATION OF ANNUAL VERIFICATION.--THE PENNSYLVANIA
20030S0092B1995 - 46 -
1 STATE POLICE SHALL FACILITATE AND ADMINISTER THE VERIFICATION
2 PROCESS REQUIRED BY SUBSECTION (B) BY:
3 (1) SENDING A NOTICE BY FIRST CLASS UNITED STATES MAIL
4 TO ALL REGISTERED OFFENDERS AT THEIR LAST REPORTED RESIDENCE
5 ADDRESSES. THIS NOTICE SHALL BE SENT NOT MORE THAN 30 DAYS
6 NOR LESS THAN 15 DAYS PRIOR TO EACH OFFENDER'S ANNUAL
7 ANNIVERSARY DATE AND SHALL REMIND THE OFFENDER OF THE ANNUAL
8 VERIFICATION REQUIREMENT AND PROVIDE THE OFFENDER WITH A LIST
9 OF APPROVED REGISTRATION SITES; AND
10 (2) PROVIDING VERIFICATION AND COMPLIANCE FORMS AS
11 NECESSARY TO EACH APPROVED REGISTRATION SITE.
12 * * *
13 (E) PENALTY.--
14 [(1) ANY INDIVIDUAL SUBJECT TO REGISTRATION UNDER
15 SECTION 9795.1(A) WHO FAILS TO VERIFY HIS RESIDENCE OR BE
16 PHOTOGRAPHED AS REQUIRED IN THIS SECTION COMMITS A FELONY OF
17 THE THIRD DEGREE.
18 (2) ANY INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION
19 9795.1(B)(1), (2) OR (3) WHO FAILS TO VERIFY HIS RESIDENCE OR
20 TO BE PHOTOGRAPHED AS REQUIRED IN THIS SECTION COMMITS A
21 FELONY OF THE FIRST DEGREE AND SHALL BE SENTENCED TO A
22 MANDATORY MINIMUM SENTENCE OF PROBATION FOR THE REMAINDER OF
23 THE INDIVIDUAL'S LIFETIME AND MAY BE SENTENCED TO A PERIOD OF
24 INCARCERATION OF UP TO THE INDIVIDUAL'S LIFETIME.] AN
25 INDIVIDUAL SUBJECT TO REGISTRATION UNDER SECTION 9795.1(A) OR
26 (B) WHO FAILS TO VERIFY HIS RESIDENCE OR TO BE PHOTOGRAPHED
27 AS REQUIRED BY THIS SECTION MAY BE SUBJECT TO PROSECUTION
28 UNDER 18 PA.C.S. § 4915 (RELATING TO FAILURE TO COMPLY WITH
29 REGISTRATION OF SEXUAL OFFENDERS REQUIREMENTS).
30 (F) EFFECT OF NOTICE.--NEITHER FAILURE ON THE PART OF THE
20030S0092B1995 - 47 -
1 PENNSYLVANIA STATE POLICE TO SEND, NOR FAILURE OF A SEXUALLY
2 VIOLENT PREDATOR OR OFFENDER TO RECEIVE, ANY NOTICE OR
3 INFORMATION UNDER SUBSECTION (A.1) OR (B.1) SHALL RELIEVE THAT
4 PREDATOR OR OFFENDER FROM THE REQUIREMENTS OF THIS SUBCHAPTER.
5 SECTION 12. SECTION 9798(A), (B)(1), (C) AND (E) OF TITLE 42
6 ARE AMENDED TO READ:
7 § 9798. OTHER NOTIFICATION.
8 (A) NOTICE BY MUNICIPALITY'S CHIEF LAW ENFORCEMENT
9 OFFICER.--NOTWITHSTANDING ANY OF THE PROVISIONS OF 18 PA.C.S.
10 CH. 91 (RELATING TO CRIMINAL HISTORY RECORD INFORMATION), THE
11 CHIEF LAW ENFORCEMENT OFFICER OF THE FULL-TIME OR PART-TIME
12 POLICE DEPARTMENT OF THE MUNICIPALITY WHERE A SEXUALLY VIOLENT
13 PREDATOR LIVES SHALL BE RESPONSIBLE FOR PROVIDING WRITTEN NOTICE
14 AS REQUIRED UNDER THIS SECTION.
15 (1) THE NOTICE SHALL CONTAIN:
16 (I) THE NAME OF THE CONVICTED SEXUALLY VIOLENT
17 PREDATOR.
18 (II) THE ADDRESS OR ADDRESSES AT WHICH HE RESIDES.
19 (III) THE OFFENSE FOR WHICH HE WAS CONVICTED,
20 SENTENCED BY A COURT, ADJUDICATED DELINQUENT OR COURT
21 MARTIALED.
22 (IV) A STATEMENT THAT HE HAS BEEN DETERMINED BY
23 COURT ORDER TO BE A SEXUALLY VIOLENT PREDATOR, WHICH
24 DETERMINATION HAS OR HAS NOT BEEN TERMINATED AS OF A DATE
25 CERTAIN.
26 (V) A PHOTOGRAPH OF THE SEXUALLY VIOLENT PREDATOR,
27 IF AVAILABLE.
28 (2) THE NOTICE SHALL NOT INCLUDE ANY INFORMATION THAT
29 MIGHT REVEAL THE VICTIM'S NAME, IDENTITY AND RESIDENCE.
30 (B) TO WHOM WRITTEN NOTICE IS PROVIDED.--THE CHIEF LAW
20030S0092B1995 - 48 -
1 ENFORCEMENT OFFICER SHALL PROVIDE WRITTEN NOTICE, UNDER
2 SUBSECTION (A), TO THE FOLLOWING PERSONS:
3 (1) NEIGHBORS OF THE SEXUALLY VIOLENT PREDATOR. AS USED
4 IN THIS PARAGRAPH, WHERE THE SEXUALLY VIOLENT PREDATOR LIVES
5 IN A COMMON INTEREST COMMUNITY, THE TERM "NEIGHBOR" INCLUDES
6 THE UNIT OWNERS' ASSOCIATION AND RESIDENTS OF THE COMMON
7 INTEREST COMMUNITY.
8 * * *
9 (C) URGENCY OF NOTIFICATION.--THE MUNICIPAL POLICE
10 DEPARTMENT'S CHIEF LAW ENFORCEMENT OFFICER SHALL PROVIDE NOTICE
11 WITHIN THE FOLLOWING TIME FRAMES:
12 (1) TO NEIGHBORS, NOTICE SHALL BE PROVIDED WITHIN [72
13 HOURS] FIVE DAYS AFTER INFORMATION OF THE SEXUALLY VIOLENT
14 PREDATOR'S RELEASE DATE AND RESIDENCE HAS BEEN RECEIVED BY
15 THE CHIEF LAW ENFORCEMENT OFFICER. NOTWITHSTANDING THE
16 PROVISIONS OF SUBSECTIONS (A) AND (B), VERBAL NOTIFICATION
17 MAY BE USED IF WRITTEN NOTIFICATION WOULD DELAY MEETING THIS
18 TIME REQUIREMENT.
19 (2) TO THE PERSONS SPECIFIED IN SUBSECTION (B)(2), (3),
20 (4) AND (5), NOTICE SHALL BE PROVIDED WITHIN SEVEN DAYS AFTER
21 THE CHIEF LAW ENFORCEMENT OFFICER RECEIVES INFORMATION
22 REGARDING THE SEXUALLY VIOLENT PREDATOR'S RELEASE DATE AND
23 RESIDENCE.
24 * * *
25 (E) INTERSTATE [PAROLEES] TRANSFERS.--THE DUTIES OF POLICE
26 DEPARTMENTS UNDER THIS SECTION SHALL ALSO APPLY TO INDIVIDUALS
27 WHO ARE [PAROLED] TRANSFERRED TO THIS COMMONWEALTH PURSUANT TO
28 [SECTION 33 OF THE ACT OF AUGUST 6, 1941 (P.L.861, NO.323),
29 REFERRED TO AS THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE
30 LAW] THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
20030S0092B1995 - 49 -
1 OFFENDERS OR THE INTERSTATE COMPACT FOR JUVENILES.
2 SECTION 13. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
3 § 9798.1. INFORMATION MADE AVAILABLE ON THE INTERNET.
4 (A) LEGISLATIVE FINDINGS.--IT IS HEREBY DECLARED TO BE THE
5 FINDING OF THE GENERAL ASSEMBLY THAT PUBLIC SAFETY WILL BE
6 ENHANCED BY MAKING INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS,
7 LIFETIME REGISTRANTS AND OTHER SEX OFFENDERS AVAILABLE TO THE
8 PUBLIC THROUGH THE INTERNET. KNOWLEDGE OF WHETHER A PERSON IS A
9 SEXUALLY VIOLENT PREDATOR, LIFETIME REGISTRANT OR OTHER SEX
10 OFFENDER COULD BE A SIGNIFICANT FACTOR IN PROTECTING ONESELF AND
11 ONE'S FAMILY MEMBERS, OR THOSE IN CARE OF A GROUP OR COMMUNITY
12 ORGANIZATION, FROM RECIDIVIST ACTS BY SEXUALLY VIOLENT
13 PREDATORS, LIFETIME REGISTRANTS AND OTHER SEX OFFENDERS. THE
14 TECHNOLOGY AFFORDED BY THE INTERNET WOULD MAKE THIS INFORMATION
15 READILY ACCESSIBLE TO PARENTS AND PRIVATE ENTITIES, ENABLING
16 THEM TO UNDERTAKE APPROPRIATE REMEDIAL PRECAUTIONS TO PREVENT OR
17 AVOID PLACING POTENTIAL VICTIMS AT RISK. PUBLIC ACCESS TO
18 INFORMATION ABOUT SEXUALLY VIOLENT PREDATORS, LIFETIME
19 REGISTRANTS AND OTHER SEX OFFENDERS IS INTENDED SOLELY AS A
20 MEANS OF PUBLIC PROTECTION AND SHALL NOT BE CONSTRUED AS
21 PUNITIVE.
22 (B) INTERNET POSTING OF SEXUALLY VIOLENT PREDATORS, LIFETIME
23 REGISTRANTS AND OTHER OFFENDERS.--THE COMMISSIONER OF THE
24 PENNSYLVANIA STATE POLICE SHALL, IN THE MANNER AND FORM DIRECTED
25 BY THE GOVERNOR:
26 (1) DEVELOP AND MAINTAIN A SYSTEM FOR MAKING THE
27 INFORMATION DESCRIBED IN SUBSECTION (C) PUBLICLY AVAILABLE BY
28 ELECTRONIC MEANS SO THAT THE PUBLIC MAY, WITHOUT LIMITATION,
29 OBTAIN ACCESS TO THE INFORMATION VIA AN INTERNET WEBSITE TO
30 VIEW AN INDIVIDUAL RECORD OR THE RECORDS OF ALL SEXUALLY
20030S0092B1995 - 50 -
1 VIOLENT PREDATORS, LIFETIME REGISTRANTS AND OTHER OFFENDERS
2 WHO ARE REGISTERED WITH THE PENNSYLVANIA STATE POLICE.
3 (2) ENSURE THAT THE INTERNET WEBSITE CONTAINS WARNINGS
4 THAT ANY PERSON WHO USES THE INFORMATION CONTAINED THEREIN TO
5 THREATEN, INTIMIDATE OR HARASS ANOTHER, OR WHO OTHERWISE
6 MISUSES THAT INFORMATION MAY BE CRIMINALLY PROSECUTED.
7 (3) ENSURE THAT THE INTERNET WEBSITE CONTAINS AN
8 EXPLANATION OF ITS LIMITATIONS, INCLUDING STATEMENTS ADVISING
9 THAT A POSITIVE IDENTIFICATION OF A SEXUALLY VIOLENT
10 PREDATOR, LIFETIME REGISTRANT OR OTHER OFFENDER WHOSE RECORD
11 HAS BEEN MADE AVAILABLE MAY BE CONFIRMED ONLY BY
12 FINGERPRINTS; THAT SOME INFORMATION CONTAINED ON THE INTERNET
13 WEBSITE MAY BE OUTDATED OR INACCURATE; AND THAT THE INTERNET
14 WEBSITE IS NOT A COMPREHENSIVE LISTING OF EVERY PERSON WHO
15 HAS EVER COMMITTED A SEX OFFENSE IN PENNSYLVANIA.
16 (4) STRIVE TO ENSURE THE INFORMATION CONTAINED ON THE
17 INTERNET WEBSITE IS ACCURATE, AND THAT THE DATA THEREIN IS
18 REVISED AND UPDATED AS APPROPRIATE IN A TIMELY AND EFFICIENT
19 MANNER.
20 (5) PROVIDE ON THE INTERNET WEBSITE GENERAL INFORMATION
21 DESIGNED TO INFORM AND EDUCATE THE PUBLIC ABOUT SEX OFFENDERS
22 AND SEXUALLY VIOLENT PREDATORS, THE OPERATION OF THIS
23 SUBCHAPTER, AS WELL AS PERTINENT AND APPROPRIATE INFORMATION
24 CONCERNING CRIME PREVENTION AND PERSONAL SAFETY, WITH
25 APPROPRIATE LINKS TO OTHER RELEVANT INTERNET WEBSITES
26 OPERATED BY THE COMMONWEALTH OF PENNSYLVANIA.
27 (C) INFORMATION PERMITTED TO BE DISCLOSED REGARDING
28 INDIVIDUALS.--NOTWITHSTANDING 18 PA.C.S. CH. 91 (RELATING TO
29 CRIMINAL HISTORY INFORMATION) THE INTERNET WEBSITE SHALL CONTAIN
30 THE FOLLOWING INFORMATION ON EACH INDIVIDUAL:
20030S0092B1995 - 51 -
1 (1) FOR SEXUALLY VIOLENT PREDATORS ONLY THE FOLLOWING
2 INFORMATION SHALL BE POSTED ON THE INTERNET WEBSITE:
3 (I) NAME AND ANY ALIASES;
4 (II) YEAR OF BIRTH;
5 (III) THE STREET ADDRESS, CITY, COUNTY AND ZIP CODE
6 OF ALL RESIDENCES;
7 (IV) THE STREET ADDRESS, CITY, COUNTY AND ZIP CODE
8 OF ANY INSTITUTION OR LOCATION AT WHICH THE PERSON IS
9 ENROLLED AS A STUDENT;
10 (V) THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT
11 LOCATION;
12 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE
13 UPDATED NOT LESS THAN ANNUALLY;
14 (VII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH
15 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND
16 (VIII) THE DATE OF THE OFFENSE AND CONVICTION, IF
17 AVAILABLE.
18 (2) FOR ALL OTHER LIFETIME REGISTRANTS AND OFFENDERS
19 SUBJECT TO REGISTRATION ONLY THE FOLLOWING INFORMATION SHALL
20 BE POSTED ON THE INTERNET WEBSITE:
21 (I) NAME AND ANY ALIASES;
22 (II) YEAR OF BIRTH;
23 (III) THE CITY, COUNTY AND ZIP CODE OF ALL
24 RESIDENCES;
25 (IV) THE CITY, COUNTY AND ZIP CODE OF ANY
26 INSTITUTION OR LOCATION AT WHICH THE PERSON IS ENROLLED
27 AS A STUDENT;
28 (V) THE CITY, COUNTY AND ZIP CODE OF ANY EMPLOYMENT
29 LOCATION;
30 (VI) A PHOTOGRAPH OF THE OFFENDER, WHICH SHALL BE
20030S0092B1995 - 52 -
1 UPDATED NOT LESS THAN ANNUALLY;
2 (VII) A DESCRIPTION OF THE OFFENSE OR OFFENSES WHICH
3 TRIGGERED THE APPLICATION OF THIS SUBCHAPTER; AND
4 (VIII) THE DATE OF THE OFFENSE AND CONVICTION, IF
5 AVAILABLE.
6 (D) DURATION OF INTERNET POSTING.--
7 (1) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT A
8 SEXUALLY VIOLENT PREDATOR SHALL BE MADE AVAILABLE ON THE
9 INTERNET FOR THE LIFETIME OF THE SEXUALLY VIOLENT PREDATOR.
10 (2) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT AN
11 OFFENDER WHO IS SUBJECT TO LIFETIME REGISTRATION SHALL BE
12 MADE AVAILABLE ON THE INTERNET FOR THE LIFETIME OF THE
13 OFFENDER UNLESS THE OFFENDER IS GRANTED RELIEF UNDER SECTION
14 9795.5 (RELATING TO EXEMPTION FROM CERTAIN NOTIFICATIONS).
15 (3) THE INFORMATION LISTED IN SUBSECTION (C) ABOUT ANY
16 OTHER OFFENDER SUBJECT TO REGISTRATION SHALL BE MADE
17 AVAILABLE ON THE INTERNET FOR THE ENTIRE PERIOD DURING WHICH
18 THE OFFENDER IS REQUIRED TO REGISTER, INCLUDING ANY EXTENSION
19 OF THIS PERIOD PURSUANT TO 9795.2(A)(3) (RELATING TO
20 REGISTRATION PROCEDURES AND APPLICABILITY).
21 § 9798.2. ADMINISTRATION.
22 THE GOVERNOR SHALL DIRECT THE PENNSYLVANIA STATE POLICE, THE
23 PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE STATE SEXUAL
24 OFFENDERS ASSESSMENT BOARD, THE DEPARTMENT OF CORRECTIONS, THE
25 DEPARTMENT OF TRANSPORTATION AND ANY OTHER AGENCY OF THIS
26 COMMONWEALTH THE GOVERNOR DEEMS NECESSARY, TO COLLABORATIVELY
27 DESIGN, DEVELOP AND IMPLEMENT AN INTEGRATED AND SECURE SYSTEM OF
28 COMMUNICATION, STORAGE AND RETRIEVAL OF INFORMATION TO ASSURE
29 THE TIMELY, ACCURATE AND EFFICIENT ADMINISTRATION OF THIS
30 SUBCHAPTER.
20030S0092B1995 - 53 -
1 SECTION 14. SECTION 9799 OF TITLE 42 IS AMENDED BY ADDING A
2 PARAGRAPH TO READ:
3 § 9799. IMMUNITY FOR GOOD FAITH CONDUCT.
4 THE FOLLOWING ENTITIES SHALL BE IMMUNE FROM LIABILITY FOR
5 GOOD FAITH CONDUCT UNDER THIS SUBCHAPTER:
6 * * *
7 (12) THE UNIT OWNERS' ASSOCIATION OF A COMMON INTEREST
8 COMMUNITY AND ITS AGENTS AND EMPLOYEES AS IT RELATES TO
9 DISTRIBUTING INFORMATION REGARDING SEXUALLY VIOLENT PREDATORS
10 OBTAINED PURSUANT TO SECTION 9798(B)(1) (RELATING TO OTHER
11 NOTIFICATION).
12 SECTION 15. SECTIONS 9799.1 AND 9799.7 OF TITLE 42 ARE
13 AMENDED TO READ:
14 § 9799.1. DUTIES OF PENNSYLVANIA STATE POLICE.
15 THE PENNSYLVANIA STATE POLICE SHALL:
16 (1) CREATE AND MAINTAIN A STATE REGISTRY OF OFFENDERS
17 AND SEXUALLY VIOLENT PREDATORS.
18 (2) IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS,
19 THE OFFICE OF ATTORNEY GENERAL, THE PENNSYLVANIA BOARD OF
20 PROBATION AND PAROLE AND THE CHAIRMAN AND THE MINORITY
21 CHAIRMAN OF THE JUDICIARY COMMITTEE OF THE SENATE AND THE
22 CHAIRMAN AND THE MINORITY CHAIRMAN OF THE JUDICIARY COMMITTEE
23 OF THE HOUSE OF REPRESENTATIVES, PROMULGATE GUIDELINES
24 NECESSARY FOR THE GENERAL ADMINISTRATION OF THIS SUBCHAPTER.
25 THESE GUIDELINES SHALL ESTABLISH PROCEDURES TO ALLOW AN
26 INDIVIDUAL SUBJECT TO THE REQUIREMENTS OF SECTION 9795.1
27 (RELATING TO REGISTRATION) AND SECTION 9796 (RELATING TO
28 VERIFICATION OF RESIDENCE) TO FULFILL THESE REQUIREMENTS AT
29 APPROVED REGISTRATION SITES THROUGHOUT THIS COMMONWEALTH. THE
30 PENNSYLVANIA STATE POLICE SHALL PUBLISH A LIST OF APPROVED
20030S0092B1995 - 54 -
1 REGISTRATION SITES IN THE PENNSYLVANIA BULLETIN AND PROVIDE A
2 LIST OF APPROVED REGISTRATION SITES IN ANY NOTICES SENT TO
3 INDIVIDUALS REQUIRED TO REGISTER UNDER SECTION 9795.1. AN
4 APPROVED REGISTRATION SITE SHALL BE CAPABLE OF SUBMITTING
5 FINGERPRINTS, PHOTOGRAPHS AND ANY OTHER INFORMATION REQUIRED,
6 ELECTRONICALLY TO THE PENNSYLVANIA STATE POLICE. THE
7 PENNSYLVANIA STATE POLICE SHALL REQUIRE THAT APPROVED
8 REGISTRATION SITES SUBMIT FINGERPRINTS UTILIZING THE
9 INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM OR IN
10 ANOTHER MANNER AND IN SUCH FORM AS THE PENNSYLVANIA STATE
11 POLICE SHALL REQUIRE. THE PENNSYLVANIA STATE POLICE SHALL
12 REQUIRE THAT APPROVED REGISTRATION SITES SUBMIT PHOTOGRAPHS
13 UTILIZING THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN
14 ANOTHER MANNER AND IN SUCH FORM AS THE PENNSYLVANIA STATE
15 POLICE SHALL REQUIRE. APPROVED REGISTRATION SITES SHALL NOT
16 BE LIMITED TO SITES MANAGED BY THE PENNSYLVANIA STATE POLICE
17 AND SHALL INCLUDE SITES MANAGED BY LOCAL LAW ENFORCEMENT
18 AGENCIES THAT MEET THE CRITERIA FOR APPROVED REGISTRATION
19 SITES SET FORTH IN THIS PARAGRAPH.
20 (3) WRITE REGULATIONS REGARDING NEIGHBOR NOTIFICATION OF
21 THE CURRENT RESIDENCE OF SEXUALLY VIOLENT PREDATORS.
22 (4) NOTIFY, WITHIN [72 HOURS] FIVE DAYS OF RECEIVING THE
23 OFFENDER'S OR THE SEXUALLY VIOLENT PREDATOR'S REGISTRATION,
24 THE CHIEF LAW ENFORCEMENT OFFICERS OF THE POLICE DEPARTMENTS
25 HAVING PRIMARY JURISDICTION OF THE MUNICIPALITIES IN WHICH AN
26 OFFENDER OR SEXUALLY VIOLENT PREDATOR RESIDES, IS EMPLOYED OR
27 ENROLLED AS A STUDENT OF THE FACT THAT THE OFFENDER OR
28 SEXUALLY VIOLENT PREDATOR HAS BEEN REGISTERED WITH THE
29 PENNSYLVANIA STATE POLICE PURSUANT TO SECTIONS 9795.2
30 (RELATING TO REGISTRATION PROCEDURES AND APPLICABILITY) AND
20030S0092B1995 - 55 -
1 9796 (RELATING TO VERIFICATION OF RESIDENCE).
2 (5) IN CONSULTATION WITH THE DEPARTMENT OF EDUCATION AND
3 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, PROMULGATE
4 GUIDELINES DIRECTING LICENSED DAY-CARE CENTERS, LICENSED
5 PRESCHOOL PROGRAMS, SCHOOLS, UNIVERSITIES AND COLLEGES,
6 INCLUDING COMMUNITY COLLEGES, ON THE PROPER USE AND
7 ADMINISTRATION OF INFORMATION RECEIVED UNDER SECTION 9798
8 (RELATING TO OTHER NOTIFICATION).
9 (6) IMMEDIATELY TRANSFER THE INFORMATION RECEIVED FROM
10 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE UNDER SECTION
11 9799.2(2) AND (3) (RELATING TO DUTIES OF PENNSYLVANIA BOARD
12 OF PROBATION AND PAROLE) AND THE FINGERPRINTS OF A SEXUALLY
13 VIOLENT PREDATOR TO THE FEDERAL BUREAU OF INVESTIGATION.
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; OR
22 (2) AN INDIVIDUAL WHO IS [PAROLED] TRANSFERRED TO THIS
23 COMMONWEALTH PURSUANT TO THE [INTERSTATE COMPACT FOR THE
24 SUPERVISION OF PAROLEES AND PROBATIONERS] INTERSTATE COMPACT
25 FOR THE SUPERVISION OF ADULT OFFENDERS OR THE INTERSTATE
26 COMPACT FOR JUVENILES.
27 SECTION 16. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
28 § 9799.8. ANNUAL PERFORMANCE AUDIT.
29 (A) DUTIES OF THE ATTORNEY GENERAL.--THE ATTORNEY GENERAL
30 SHALL:
20030S0092B1995 - 56 -
1 (1) CONDUCT A PERFORMANCE AUDIT ANNUALLY TO DETERMINE
2 COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBCHAPTER AND ANY
3 GUIDELINES PROMULGATED PURSUANT THERETO. THE AUDIT SHALL, AT
4 A MINIMUM, INCLUDE A REVIEW OF THE PRACTICES, PROCEDURES AND
5 RECORDS OF THE PENNSYLVANIA STATE POLICE, THE PENNSYLVANIA
6 BOARD OF PROBATION AND PAROLE, THE DEPARTMENT OF CORRECTIONS,
7 THE STATE SEXUAL OFFENDERS ASSESSMENT BOARD, THE
8 ADMINISTRATIVE OFFICE OF THE PENNSYLVANIA COURTS AND ANY
9 OTHER STATE OR LOCAL AGENCY THE ATTORNEY GENERAL DEEMS
10 NECESSARY IN ORDER TO CONDUCT A THOROUGH AND ACCURATE
11 PERFORMANCE AUDIT.
12 (2) PREPARE AN ANNUAL REPORT OF ITS FINDINGS AND ANY
13 ACTION IT RECOMMENDS BE TAKEN BY THE PENNSYLVANIA STATE
14 POLICE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE
15 DEPARTMENT OF CORRECTIONS, THE STATE SEXUAL OFFENDERS
16 ASSESSMENT BOARD, THE ADMINISTRATIVE OFFICE OF THE
17 PENNSYLVANIA COURTS, OTHER STATE OR LOCAL AGENCIES AND THE
18 GENERAL ASSEMBLY TO ENSURE COMPLIANCE WITH THIS SUBCHAPTER.
19 THE FIRST REPORT SHALL BE RELEASED TO THE GENERAL PUBLIC NOT
20 LESS THAN 18 MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS
21 SECTION.
22 (3) PROVIDE A COPY OF ITS REPORT TO THE PENNSYLVANIA
23 STATE POLICE, THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE,
24 THE DEPARTMENT OF CORRECTIONS, THE STATE SEXUAL OFFENDERS
25 ASSESSMENT BOARD, THE ADMINISTRATIVE OFFICE OF THE
26 PENNSYLVANIA COURTS, STATE OR LOCAL AGENCIES REFERENCED
27 THEREIN, THE CHAIRMAN AND THE MINORITY CHAIRMAN OF THE
28 JUDICIARY COMMITTEE OF THE SENATE AND THE CHAIRMAN AND THE
29 MINORITY CHAIRMAN OF THE JUDICIARY COMMITTEE OF THE HOUSE OF
30 REPRESENTATIVES NO LESS THAN 30 DAYS PRIOR TO ITS RELEASE TO
20030S0092B1995 - 57 -
1 THE GENERAL PUBLIC.
2 (B) COOPERATION REQUIRED.--NOTWITHSTANDING ANY OTHER
3 PROVISION OF LAW TO THE CONTRARY, THE PENNSYLVANIA STATE POLICE,
4 THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, THE DEPARTMENT
5 OF CORRECTIONS, THE STATE SEXUAL OFFENDERS ASSESSMENT BOARD, THE
6 ADMINISTRATIVE OFFICE OF THE PENNSYLVANIA COURTS, THE
7 PENNSYLVANIA COMMISSION ON SENTENCING AND ANY OTHER STATE OR
8 LOCAL AGENCY REQUESTED TO DO SO, SHALL FULLY COOPERATE WITH THE
9 ATTORNEY GENERAL AND ASSIST THE OFFICE IN SATISFYING THE
10 REQUIREMENTS OF THIS SECTION. FOR PURPOSES OF THIS SUBSECTION,
11 FULL COOPERATION SHALL INCLUDE, AT A MINIMUM, COMPLETE ACCESS TO
12 UNREDACTED RECORDS, FILES, REPORTS AND DATA SYSTEMS.
13 § 9799.9. PHOTOGRAPHS AND FINGERPRINTING.
14 AN INDIVIDUAL SUBJECT TO SECTION 9795.1 (RELATING TO
15 REGISTRATION) SHALL SUBMIT TO FINGERPRINTING AND PHOTOGRAPHING
16 AS REQUIRED BY THIS SUBCHAPTER AT APPROVED REGISTRATION SITES.
17 FINGERPRINTING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A
18 MINIMUM, REQUIRE SUBMISSION OF A FULL SET OF FINGERPRINTS.
19 PHOTOGRAPHING AS REQUIRED BY THIS SUBCHAPTER SHALL, AT A
20 MINIMUM, REQUIRE SUBMISSION TO PHOTOGRAPHS OF THE FACE AND ANY
21 SCARS, MARKS, TATTOOS OR OTHER UNIQUE FEATURES OF THE
22 INDIVIDUAL. FINGERPRINTS AND PHOTOGRAPHS OBTAINED UNDER THIS
23 SUBCHAPTER MAY BE MAINTAINED FOR USE UNDER THIS SUBCHAPTER AND
24 FOR GENERAL LAW ENFORCEMENT PURPOSES.
25 SECTION 17. THE PENNSYLVANIA STATE POLICE SHALL NOTIFY ANY
26 SEXUALLY VIOLENT PREDATOR DURING 2005 OF THE TIME PERIODS FOR
27 THE QUARTERLY REPORTING REQUIRED UNDER 42 PA.C.S. § 9796(A) THAT
28 BEGIN IN 2006.
29 SECTION 18. THE ADDITION OF 42 PA.C.S. § 9798.1 SHALL APPLY
30 TO ANY INDIVIDUAL SUBJECT TO THE ADDITION OF 42 PA.C.S. CH. 97
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1 SUBCH. H.
2 SECTION 19. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 9795.2(E)
4 AND 9799.8 SHALL TAKE EFFECT IN 180 DAYS.
5 (2) THE AMENDMENT OF 42 PA.C.S. § 9796(A) AND (B) SHALL
6 TAKE EFFECT JANUARY 1, 2006.
7 (3) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 5524,
8 5524.1, 9798(C)(1) AND 9799.1(2) AND (4) SHALL TAKE EFFECT
9 IMMEDIATELY.
10 (4) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
11 (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
12 DAYS.
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