act-2006-0-178•Pennsylvania Act 2006-178 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2006-178 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS AMENDMENTS
act-2006-0-1782006 Pa. Act 178Law
Act text
CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OMNIBUS
AMENDMENTS
Act of Nov. 29, 2006, P.L. 1567, No. 178 Cl. 18
Session of 2006
No. 2006-178
SB 944
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for conduct relating to sex offenders and
for loss of property rights by certain offenders; further
providing for failure to comply with sexual offender
registration requirements, for the offense of unlawful
contact with a minor and for sentences for offenses against
infant persons; providing for sentences for sex offenders and
for sentence for failure to comply with registration of
sexual offenders; further providing for registration and for
registration procedures and applicability; providing for
global positioning system technology; and further providing
for the duties of the Pennsylvania Board of Probation and
Parole.
The General Assembly hereby declares its intention to enact
versions of Jessica's Law and Megan's Law in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3130. Conduct relating to sex offenders.
(a) Offense defined.--A person commits a felony of the third
degree if the person has reason to believe that a sex offender
is not complying with or has not complied with the requirements
of the sex offender's probation or parole, imposed by statute or
court order, or with the registration requirements of 42 Pa.C.S.
§ 9795.2 (relating to registration procedures and
applicability), and the person, with the intent to assist the
sex offender in eluding a law enforcement agent or agency that
is seeking to find the sex offender to question the sex offender
about, or to arrest the sex offender for, noncompliance with the
requirements of the sex offender's probation or parole or the
requirements of 42 Pa.C.S. § 9795.2:
(1) withholds information from or does not notify the
law enforcement agent or agency about the sex offender's
noncompliance with the requirements of parole, the
requirements of 42 Pa.C.S. § 9795.2 or, if known, the sex
offender's whereabouts;
(2) harbors or attempts to harbor or assist another
person in harboring or attempting to harbor the sex offender;
(3) conceals or attempts to conceal, or assists another
person in concealing or attempting to conceal, the sex
offender; or
(4) provides information to the law enforcement agent or
agency regarding the sex offender which the person knows to
be false.
(b) Definition.--As used in this section, the term "sex
offender" means a person who is required to register with the
Pennsylvania State Police pursuant to the provisions of 42
Pa.C.S. § 9795.1 (relating to registration).
Section 2. Chapter 31 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER C
LOSS OF PROPERTY RIGHTS
Sec.
3141. General rule.
3142. Process and seizure.
3143. Custody of property.
3144. Disposal of property.
§ 3141. General rule.
A person:
(1) convicted under section 3121 (relating to rape),
3122.1 (relating to statutory sexual assault), 3123 (relating
to involuntary deviate sexual intercourse), 3124.1 (relating
to sexual assault), 3125 (relating to aggravated indecent
assault) or 3126 (relating to indecent assault); or
(2) required to register with the Pennsylvania State
Police under 42 Pa.C.S. § 9795.2 (relating to registration
procedures and applicability);
may be required to forfeit property rights in any property or
assets used to implement or facilitate commission of the crime
or crimes of which the person has been convicted. Such property
may include, but is not limited to, a computer or computers,
telephone equipment, firearms, licit or illicit prescription
drugs or controlled substances, a motor vehicle or such other
property or assets as determined by the court of common pleas to
have facilitated the person's criminal misconduct.
§ 3142. Process and seizure.
(a) Seizure.--Property subject to forfeiture under this
section may be seized by law enforcement authority upon process
issued by the court of common pleas having jurisdiction over the
person or property.
(b) Seizure without process.--Seizure without process may be
made if the seizure is incident to an arrest or a search under a
search warrant and there is probable cause to be believe that
the property was or is material to the charges for which the
arrest or search warrant was issued. In seizures without
process, proceedings for the issuance thereof shall be
instituted immediately.
(c) Return of property.--Property belonging to someone other
than the convicted sex offender or registrant shall be returned
if the offense was committed without the knowledge or consent of
the owner.
§ 3143. Custody of property.
Property taken or detained under this subchapter is deemed to
be the property of the law enforcement authority having custody
thereof and is subject only to the court of common pleas having
jurisdiction over the criminal or forfeiture proceedings, the
district attorney in the matter or the Attorney General.
§ 3144. Disposal of property.
Property taken or detained pursuant to the provisions of this
subchapter shall be sold in the manner of property forfeited
under 42 Pa.C.S. Ch. 68 (relating to forfeitures). The net
proceeds, as determined by the law enforcement authority having
custody thereof, shall be utilized for investigation or
prosecution of sexual offenses or donated to nonprofit
charitable institutions which provide counseling and other
assistance to victims of sexual offenses.
Section 3. Sections 4915(b) and (c) and 6318 of Title 18 are
amended to read:
§ 4915. Failure to comply with registration of sexual
offenders requirements.
* * *
(b) Grading for offenders who must register for ten years.--
[(1) Except as provided in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9795.1(a) who
violates subsection (a)(1) or (2) commits a misdemeanor of
the third degree.]
(2) [An] Except as set forth in paragraph (3), an
individual subject to registration under 42 Pa.C.S. §
9795.1(a) who commits a violation of subsection (a)(1) or (2)
[and who has previously been convicted of an offense under
subsection (a)(1) or (2) or a similar offense] commits a
[misdemeanor of the second degree] felony of the third
degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) who commits a violation of subsection
(a)(1) or (2) and who has previously been convicted of [two
or more offenses] an offense under subsection (a)(1) or (2)
or a similar offense commits a felony of the [third] second
degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a
felony of the [third] second degree.
(c) Grading for sexually violent predators and others with
lifetime registration.--
[(1) Except as provided in paragraph (2), an individual
subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2)
or (3) who violates subsection (a)(1) or (2) commits a
misdemeanor of the second degree.]
(2) [An] Except as set forth in paragraph (3), an
individual subject to registration under 42 Pa.C.S. §
9795.1(b)(1), (2) or (3) who commits a violation of
subsection (a)(1) or (2) [and who has previously been
convicted of an offense under subsection (a)(1) or (2) or a
similar offense] commits a [misdemeanor of the first degree]
felony of the second degree.
(3) An individual subject to registration under 42
Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of
subsection (a)(1) or (2) and who has previously been
convicted of [two or more offenses] an offense under
subsection (a)(1) or (2) or a similar offense commits a
felony of the [third] first degree.
(4) An individual subject to registration under 42
Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection
(a)(3) commits a felony of the [third] first degree.
* * *
§ 6318. Unlawful contact with minor.
(a) Offense defined.--A person commits an offense if he is
intentionally in contact with a minor, or a law enforcement
officer acting in the performance of his duties who has assumed
the identity of a minor, for the purpose of engaging in an
activity prohibited under any of the following, and either the
person initiating the contact or the person being contacted is
within this Commonwealth:
(1) Any of the offenses enumerated in Chapter 31
(relating to sexual offenses).
(2) Open lewdness as defined in section 5901 (relating
to open lewdness).
(3) Prostitution as defined in section 5902 (relating to
prostitution and related offenses).
(4) Obscene and other sexual materials and performances
as defined in section 5903 (relating to obscene and other
sexual materials and performances).
(5) Sexual abuse of children as defined in section 6312
(relating to sexual abuse of children).
(6) Sexual exploitation of children as defined in
section 6320 (relating to sexual exploitation of children).
(b) Grading.--A violation of subsection (a) is:
(1) an offense of the same grade and degree as the most
serious underlying offense in subsection (a) for which the
defendant contacted the minor; or
(2) a [misdemeanor] felony of the [first] third degree;
whichever is greater.
(b.1) Concurrent jurisdiction to prosecute.--The Attorney
General shall have concurrent prosecutorial jurisdiction with
the district attorney for violations under this section and any
crime arising out of the activity prohibited by this section
when the person charged with a violation of this section
contacts a minor through the use of a computer, computer system
or computer network. No person charged with a violation of this
section by the Attorney General shall have standing to challenge
the authority of the Attorney General to prosecute the case,
and, if any such challenge is made, the challenge shall be
dismissed and no relief shall be available in the courts of this
Commonwealth to the person making the challenge.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Computer." An electronic, magnetic, optical, hydraulic,
organic or other high-speed data processing device or system
which performs logic, arithmetic or memory functions and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to the
device in a computer system or computer network.
"Computer network." The interconnection of two or more
computers through the usage of satellite, microwave, line or
other communication medium.
"Computer system." A set of related, connected or
unconnected computer equipment, devices and software.
"Contacts." Direct or indirect contact or communication by
any means, method or device, including contact or communication
in person or through an agent or agency, through any print
medium, the mails, a common carrier or communication common
carrier, any electronic communication system and any
telecommunications, wire, computer or radio communications
device or system.
"Minor." An individual under 18 years of age.
Section 4. Section 9718(a) of Title 42, amended November 30,
2004 (P.L.1703, No.217), is amended and the section is amended
by adding subsections to read:
§ 9718. Sentences for offenses against infant persons.
(a) Mandatory sentence.--
(1) A person convicted of the following offenses when
the victim is under 16 years of age shall be sentenced to a
mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
assault) - not less than two years.
18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
to rape) - not less than [five] ten years.
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse) - not less than [five] ten years.
18 Pa.C.S. § 3125(a)(1) through (6) (relating to
aggravated indecent assault) - not less than five years.
(2) A person convicted of the following offenses when
the victim is less than 13 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) [(relating to aggravated
assault)] - not less than five years.
[18 Pa.C.S. § 3125(a)(1) through (6) (relating to
aggravated indecent assault) - not less than two and one-half
years.]
(3) A person convicted of the following offenses shall
be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 3121(c) and (d) - not less than [five] ten
years.
18 Pa.C.S. § 3125(a)(7) - not less than [two and one-
half] five years.
18 Pa.C.S. § 3125(b) - not less than [five] ten years.
* * *
(c) Proof at sentencing.--The provisions of this section
shall not be an element of the crime, and notice of the
provisions of this section to the defendant shall not be
required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. The
applicability of this section shall be determined at sentencing.
The court shall consider any evidence presented at trial and
shall afford the Commonwealth and the defendant an opportunity
to present any necessary additional evidence and shall
determine, by a preponderance of the evidence, if this section
is applicable.
(d) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place the offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(e) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 5. Title 42 is amended by adding sections to read:
§ 9718.2. Sentences for sex offenders.
(a) Mandatory sentence.--
(1) Any person who is convicted in any court of this
Commonwealth of an offense set forth in section 9795.1(a) or
(b) (relating to registration) shall, if at the time of the
commission of the current offense the person had previously
been convicted of an offense set forth in section 9795.1(a)
or (b) or an equivalent crime under the laws of this
Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction, be
sentenced to a minimum sentence of at least 25 years of total
confinement, notwithstanding any other provision of this
title or other statute to the contrary. Upon such conviction,
the court shall give the person oral and written notice of
the penalties under paragraph (2) for a third conviction.
Failure to provide such notice shall not render the offender
ineligible to be sentenced under paragraph (2).
(2) Where the person had at the time of the commission
of the current offense previously been convicted of two or
more offenses arising from separate criminal transactions set
forth in section 9795.1(a) or (b) or equivalent crimes under
the laws of this Commonwealth in effect at the time of the
commission of the offense or equivalent crimes in another
jurisdiction, the person shall be sentenced to a term of life
imprisonment, notwithstanding any other provision of this
title or other statute to the contrary. Proof that the
offender received notice of or otherwise knew or should have
known of the penalties under this paragraph shall not be
required.
(b) Mandatory maximum.--An offender sentenced to a mandatory
minimum sentence under this section shall be sentenced to a
maximum sentence equal to twice the mandatory minimum sentence,
notwithstanding 18 Pa.C.S. § 1103 (relating to sentence of
imprisonment for felony) or any other provision of this title or
other statute to the contrary.
(c) Proof of sentencing.--The provisions of this section
shall not be an element of the crime, and notice thereof to the
defendant shall not be required prior to conviction, but
reasonable notice of the Commonwealth's intention to proceed
under this section shall be provided after conviction and before
sentencing. The applicability of this section shall be
determined at sentencing. The sentencing court, prior to
imposing sentence on an offender under subsection (a), shall
have a complete record of the previous convictions of the
offender, copies of which shall be furnished to the offender. If
the offender or the attorney for the Commonwealth contests the
accuracy of the record, the court shall schedule a hearing and
direct the offender and the attorney for the Commonwealth to
submit evidence regarding the previous convictions of the
offender. The court shall then determine, by a preponderance of
the evidence, the previous convictions of the offender and, if
this section is applicable, shall impose sentence in accordance
with this section. Should a previous conviction be vacated and
an acquittal or final discharge entered subsequent to imposition
of sentence under this section, the offender shall have the
right to petition the sentencing court for reconsideration of
sentence if this section would not have been applicable except
for the conviction which was vacated.
(d) Authority of court in sentencing.--Notice of the
application of this section shall be provided to the defendant
before trial. If the notice is given, there shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsections (a) and (b) or to place the offender on probation or
to suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(e) Appeal by Commonwealth.--If a sentencing court shall
refuse to apply this section where applicable, the Commonwealth
shall have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for the imposition
of a sentence in accordance with this section if it finds that
the sentence was imposed in violation of this section.
§ 9718.3. Sentence for failure to comply with registration of
sexual offenders.
(a) Mandatory sentence.--Mandatory sentencing shall be as
follows:
(1) Sentencing upon conviction for a first offense shall
be as follows:
(i) Not less than two years for an individual who:
(A) was subject to section 9795.1(a) (relating
to registration) or a similar provision from another
jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) or (2)
(relating to failure to comply with registration of
sexual offenders requirements).
(ii) Not less than three years for an individual
who:
(A) was subject to section 9795.1(a) or a
similar provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
(iii) Not less than three years for an individual
who:
(A) was subject to section 9795.1(b) or a
similar provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) or (2).
(iv) Not less than five years for an individual who:
(A) was subject to section 9795.1(b) or a
similar provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
(2) Sentencing upon conviction for a second or
subsequent offense shall be as follows:
(i) Not less than five years for an individual who:
(A) was subject to section 9795.1(a) or a
similar provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(1) or (2).
(ii) Not less than seven years for an individual
who:
(A) was subject to section 9795.1 or a similar
provision from another jurisdiction; and
(B) violated 18 Pa.C.S. § 4915(a)(3).
(b) Proof at sentencing.--The provisions of this section
shall not be an element of the crime, and notice thereof to the
defendant shall not be required prior to conviction, but
reasonable notice of the Commonwealth's intention to proceed
under this section shall be provided after conviction and before
sentencing. The applicability of this section shall be
determined at sentencing. The court shall consider any evidence
presented at trial and shall afford the Commonwealth and the
defendant an opportunity to present any necessary additional
evidence and shall determine, by a preponderance of the
evidence, if this section is applicable.
(c) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place such offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
the mandatory sentences provided in this section.
(d) Appeal by Commonwealth.--If a sentencing court refuses
to apply this section where applicable, the Commonwealth shall
have the right to appellate review of the action of the
sentencing court. The appellate court shall vacate the sentence
and remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this section.
Section 6. Section 9795.1 of Title 42, amended November 24,
2004 (P.L.1243, No.152), is amended to read:
§ 9795.1. Registration.
(a) Ten-year registration.--The following individuals shall
be required to register with the Pennsylvania State Police for a
period of ten years:
(1) Individuals convicted of any of the following
offenses:
18 Pa.C.S. § 2901 (relating to kidnapping) where the
victim is a minor.
18 Pa.C.S. § 2910 (relating to luring a child into a
motor vehicle).
18 Pa.C.S. § 3124.2 (relating to institutional sexual
assault).
18 Pa.C.S. § 3126 (relating to indecent assault)
where the offense is graded as a misdemeanor of the first
degree or higher.
18 Pa.C.S. § 4302 (relating to incest) where the
victim is 12 years of age or older but under 18 years of
age.
18 Pa.C.S. § 5902(b) (relating to prostitution and
related offenses) where the actor promotes the
prostitution of a minor.
18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
obscene and other sexual materials and performances)
where the victim is a minor.
18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
(2) Individuals convicted of an attempt to commit any of
the offenses under paragraph (1) or subsection (b)(2).
(3) Individuals currently residing in this Commonwealth
who have been convicted of offenses similar to the crimes
cited in paragraphs (1) and (2) under the laws of the United
States or one of its territories or possessions, another
state, the District of Columbia, the Commonwealth of Puerto
Rico or a foreign nation.
(b) Lifetime registration.--The following individuals shall
be subject to lifetime registration:
(1) An individual with two or more convictions of any of
the offenses set forth in subsection (a).
(2) Individuals convicted of any of the following
offenses:
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse).
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3125 (relating to aggravated indecent
assault).
18 Pa.C.S. § 4302 (relating to incest) when the
victim is under 12 years of age.
(3) Sexually violent predators.
(4) Individuals currently residing in this Commonwealth
who have been convicted of offenses similar to the crimes
cited in paragraph (2) under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(c) Natural disaster.--The occurrence of a natural disaster
or other event requiring evacuation of residences shall not
relieve an individual of the duty to register or any other duty
imposed by this chapter.
Section 7. Section 9795.2 (a)(2) and (2.1) and (b) of Title
42, amended November 24, 2004 (P.L.1243, No.152), are amended
and subsec. (a)(3) and (4) are carried without amendment to
read:
§ 9795.2. Registration procedures and applicability.
(a) Registration.--
* * *
(2) Offenders and sexually violent predators shall
inform the Pennsylvania State Police within [ten days] 48
hours of:
(i) Any change of residence or establishment of an
additional residence or residences.
(ii) Any change of employer or employment location
for a period of time that will exceed 14 days or for an
aggregate period of time that will exceed 30 days during
any calendar year, or termination of employment.
(iii) Any change of institution or location at which
the person is enrolled as a student, or termination of
enrollment.
(iv) Becoming employed or enrolled as a student if
the person has not previously provided that information
to the Pennsylvania State Police.
(2.1) Registration with a new law enforcement agency
shall occur no later than [ten days] 48 hours after
establishing residence in another state.
(3) The ten-year registration period required in section
9795.1(a) (relating to registration) shall be tolled when an
offender is recommitted for a parole violation or sentenced
to an additional term of imprisonment. In such cases, the
Department of Corrections or county correctional facility
shall notify the Pennsylvania State Police of the admission
of the offender.
(4) This paragraph shall apply to all offenders and
sexually violent predators:
(i) Where the offender or sexually violent predator
was granted parole by the Pennsylvania Board of Probation
and Parole or the court or is sentenced to probation or
intermediate punishment, the board or county office of
probation and parole shall collect registration
information from the offender or sexually violent
predator and forward that registration information to the
Pennsylvania State Police. The Department of Corrections
or county correctional facility shall not release the
offender or sexually violent predator until it receives
verification from the Pennsylvania State Police that it
has received the registration information. Verification
by the Pennsylvania State Police may occur by electronic
means, including e-mail or facsimile transmission. Where
the offender or sexually violent predator is scheduled to
be released from a State correctional facility or county
correctional facility because of the expiration of the
maximum term of incarceration, the Department of
Corrections or county correctional facility shall collect
the information from the offender or sexually violent
predator no later than ten days prior to the maximum
expiration date. The registration information shall be
forwarded to the Pennsylvania State Police.
(ii) Where the offender or sexually violent predator
scheduled to be released from a State correctional
facility or county correctional facility due to the
maximum expiration date refuses to provide the
registration information, the Department of Corrections
or county correctional facility shall notify the
Pennsylvania State Police or police department with
jurisdiction over the facility of the failure to provide
registration information and of the expected date, time
and location of the release of the offender or sexually
violent predator.
(b) Individuals convicted or sentenced by a court or
adjudicated delinquent in jurisdictions outside this
Commonwealth or sentenced by court martial.--
(4) An individual who resides, is employed or is a
student in this Commonwealth and who has been convicted of or
sentenced by a court or court martialed for a sexually
violent offense or a similar offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation, or who was required to
register under a sexual offender statute in the jurisdiction
where convicted, sentenced or court martialed, shall register
at an approved registration site within [ten days] 48 hours
of the individual's arrival in this Commonwealth. The
provisions of this subchapter shall apply to the individual
as follows:
(i) If the individual has been classified as a
sexually violent predator as defined in section 9792
(relating to definitions) or determined under the laws of
the other jurisdiction or by reason of court martial to
be subject to active notification and lifetime
registration on the basis of a statutorily authorized
administrative or judicial decision or on the basis of a
statute or administrative rule requiring active
notification and lifetime registration based solely on
the offense for which the individual was convicted,
sentenced or court martialed, the individual shall,
notwithstanding section 9792, be considered a sexually
violent predator and subject to lifetime registration
pursuant to section 9795.1(b) (relating to registration).
The individual shall also be subject to the provisions of
this section and sections 9796 (relating to verification
of residence), 9798 (relating to other notification) and
9798.1(c)(1) (relating to information made available on
the Internet), except that the individual shall not be
required to receive counseling unless required to do so
by the other jurisdiction or by reason of court martial.
(ii) Except as provided in subparagraphs (i) and
(iv), if the individual has been convicted or sentenced
by a court or court martialed for an offense listed in
section 9795.1(b) or an equivalent offense, the
individual shall, notwithstanding section 9792, be
considered an offender and be subject to lifetime
registration pursuant to 9795.1(b). The individual shall
also be subject to the provisions of this section and
sections 9796 and 9798.1(c)(2).
(iii) Except as provided in subparagraphs (i), (ii),
(iv) and (v), if the individual has been convicted or
sentenced by a court or court martialed for an offense
listed in section 9795.1(a) or an equivalent offense, the
individual shall be, notwithstanding section 9792,
considered an offender and subject to registration
pursuant to this subchapter. The individual shall also be
subject to the provisions of this section and sections
9796 and 9798.1(c)(2). The individual shall be subject to
this subchapter for a period of ten years or for a period
of time equal to the time for which the individual was
required to register in the other jurisdiction or
required to register by reason of court martial,
whichever is greater, less any credit due to the
individual as a result of prior compliance with
registration requirements.
(iv) Except as provided in subparagraph (i) and
notwithstanding subparagraph (v), if the individual is
subject to active notification in the other jurisdiction
or subject to active notification by reason of court
martial, the individual shall, notwithstanding section
9792, be considered an offender and subject to this
section and sections 9796, 9798 and 9798.1(c)(1). If the
individual was convicted of or sentenced in the other
jurisdiction or sentenced by court martial for an offense
listed in section 9795.1(b) or an equivalent offense, the
individual shall be subject to this subchapter for the
individual's lifetime. If the individual was convicted of
or sentenced in the other jurisdiction or sentenced by
court martial for an offense listed in section 9795.1(a)
or an equivalent offense, the individual shall be subject
to this subchapter for a period of ten years or for a
period of time equal to the time for which the individual
was required to register in the other jurisdiction or
required to register by reason of court martial,
whichever is greater, less any credit due to the
individual as a result of prior compliance with
registration requirements. Otherwise, the individual
shall be subject to this subchapter for a period of time
equal to the time for which the individual was required
to register in the other jurisdiction or required to
register by reason of court martial, less any credit due
to the individual as a result of prior compliance with
registration requirements.
(v) Except as provided in subparagraphs (i), (ii),
(iii) and (iv), if the individual is subject to passive
notification in the other jurisdiction or subject to
passive notification by reason of court martial, the
individual shall, notwithstanding section 9792, be
considered an offender and subject to this section and
sections 9796 and 9798.1(c)(2). The individual shall be
subject to this subchapter for a period of time equal to
the time for which the individual was required to
register in the other jurisdiction or required to
register by reason of court martial, less any credit due
to the individual as a result of prior compliance with
registration requirements.
(5) Notwithstanding the provisions of Chapter 63
(relating to juvenile matters) and except as provided in
paragraph (4), an individual who resides, is employed or is a
student in this Commonwealth and who is required to register
as a sex offender under the laws of the United States or one
of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation as a result of a juvenile adjudication shall
register at an approved registration site within [ten days]
48 hours of the individual's arrival in this Commonwealth.
The provisions of this subchapter shall apply to the
individual as follows:
(i) If the individual has been classified as a
sexually violent predator as defined in section 9792 or
determined under the laws of the other jurisdiction to be
subject to active notification and lifetime registration
on the basis of a statutorily authorized administrative
or judicial decision or on the basis of a statute or
administrative rule requiring active notification and
lifetime registration based solely on the offense for
which the individual was adjudicated, the individual
shall, notwithstanding section 9792, be considered a
sexually violent predator and subject to lifetime
registration pursuant to section 9795.1(b). The
individual shall also be subject to the provisions of
this section and sections 9796 and 9798.1(c)(1), except
that the individual shall not be required to receive
counseling unless required to do so by the other
jurisdiction.
(ii) Except as provided in subparagraph (i), if the
individual is subject to active notification in the other
jurisdiction, the individual shall, notwithstanding
section 9792, be considered an offender and subject to
registration pursuant to this subchapter. The individual
shall also be subject to the provisions of this section
and sections 9796, 9798 and 9798.1(c)(1). The individual
shall be subject to this subchapter for a period of time
equal to the time for which the individual was required
to register in the other jurisdiction, less any credit
due to the individual as a result of prior compliance
with registration requirements.
(iii) Except as provided in subparagraphs (i) and
(ii), if the individual is subject to passive
notification in the other jurisdiction, the individual
shall, notwithstanding section 9792, be considered an
offender and be subject to this section and sections 9796
and 9798.1(c)(2). The individual shall be subject to this
subchapter for a period of time equal to the time for
which the individual was required to register in the
other jurisdiction, less any credit due to the individual
as a result of prior registration compliance.
* * *
Section 8. Title 42 is amended by adding a section to read:
§ 9798.3. Global positioning system technology.
The Pennsylvania Board of Probation and Parole and county
probation authorities may impose supervision conditions that
include offender tracking through global positioning system
technology.
Section 9. Section 9799.2 of Title 42 is amended by adding a
paragraph to read:
§ 9799.2. Duties of Pennsylvania Board of Probation and
Parole.
The Pennsylvania Board of Probation and Parole shall:
* * *
(4) Apply for Federal funding as provided in the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law
109-248, 120 Stat. 587) to support and enhance programming
using satellite global positioning system technology.
Section 10. The addition of 42 Pa.C.S. § 9718.3 shall apply
to offenses committed on or after the effective date of this
section.
Section 11. This act shall take effect January 1, 2007.
APPROVED--The 29th day of November, A. D. 2006.
EDWARD G. RENDELL
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