An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in falsification and intimidation, providing for the offense of failure to comply with child abuse offender registration requirements; in sentencing, providing for registration of child abuse offenders; and imposing penalties.

PRINTER'S NO. 879
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 849
Session of
2025
INTRODUCED BY BERNSTINE, M. MACKENZIE, KAUFFMAN AND GILLEN,
MARCH 10, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in falsification and intimidation, providing for
the offense of failure to comply with child abuse offender
registration requirements; in sentencing, providing for
registration of child abuse offenders; and imposing
penalties.
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:
§ 4915.3. Failure to comply with child abuse offender
registration requirements.
(a) Offense defined.--A child abuse offender commits an
offense if the child abuse offender knowingly fails to:
(1) register with the Pennsylvania State Police as
required under 42 Pa.C.S. § 9799.83 (relating to period of
registration), 9799.86 (relating to initial registration) or
9799.91 (relating to verification by child abuse offenders
and Pennsylvania State Police);
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(2) verify the child abuse offender's address or be
photographed as required under 42 Pa.C.S. § 9799.83 or
9799.91;
(3) provide accurate information when registering under
42 Pa.C.S. §§ 9799.83, 9799.86 and 9799.91; or
(4) fails to comply with 42 Pa.C.S. § 9799.101 (relating
to counseling requirement).
(b) Grading.--
(1) Except as provided in paragraph (2), a child abuse
offender commits a felony of the second degree if the
individual violates subsection (a).
(2) An individual commits a felony of the first degree
if the individual violates subsection (a) and has been
previously convicted of an offense under subsection (a).
(c) Effect of notice.--The failure on the part of the
Pennsylvania State Police to send or failure of a child abuse
offender to receive any notice or information under 42 Pa.C.S. §
9799.91 may not be a defense to a prosecution commenced against
an individual arising from a violation of this section. The
provisions of 42 Pa.C.S. § 9799.91 are not an element of an
offense under this section.
(d) Arrests for violation.--
(1) A police officer shall have the same right of arrest
without a warrant as in a felony whenever the police officer
has probable cause to believe an individual has committed a
violation of this section regardless of whether the violation
occurred in the presence of the police officer.
(2) An individual arrested for a violation of this
section shall be afforded a preliminary arraignment by the
proper issuing authority without unnecessary delay. In no
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case may the individual be released from custody without
first having appeared before the issuing authority.
(3) Prior to admitting an individual arrested for a
violation of this section to bail, the issuing authority
shall require all of the following:
(i) The individual must be fingerprinted and
photographed in the manner required by 42 Pa.C.S. Ch. 97
Subch. J (relating to registration of child abuse
offenders).
(ii) The individual must provide the Pennsylvania
State Police with all current or intended residences, all
information concerning current or intended employment,
including all employment locations, and all information
concerning current or intended enrollment as a student.
This subparagraph includes an individual who is a
transient, in which case the individual must, in addition
to other information required under this subparagraph,
provide the information under 42 Pa.C.S. § 9799.84(b)(6)
(relating to registry).
(iii) Law enforcement must make reasonable attempts
to verify the information provided by the individual.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Child abuse offender." The term shall have the same meaning
as under 42 Pa.C.S. § 9799.80 (relating to definitions).
"Transient." The term shall have the meaning as under 42
Pa.C.S. § 9799.80.
Section 2. Chapter 97 of Title 42 is amended by adding a
subchapter to read:
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SUBCHAPTER J
REGISTRATION OF CHILD ABUSE OFFENDERS
Sec.
9799.80. Definitions.
9799.81. Child abuse risk assessment.
9799.82. Applicability.
9799.83. Period of registration.
9799.84. Registry.
9799.85. Information sharing.
9799.86. Initial registration.
9799.87. Duty to inform.
9799.88. Penalties.
9799.89. Enforcement.
9799.90. Court notification and classification requirements.
9799.91. Verification by child abuse offenders and Pennsylvania
State Police.
9799.92. Victim notification.
9799.93. Publicly accessible Internet website.
9799.94. Administration.
9799.95. Global positioning system technology.
9799.96. Immunity for good faith conduct.
9799.97. Duties of Pennsylvania State Police.
9799.98. Duties of Department of Corrections and probation and
parole officials.
9799.99. Duties of facilities housing child abuse offenders.
9799.100. Board.
9799.101. Counseling requirement.
9799.102. Photographs and fingerprinting.
§ 9799.80. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Child Abuse Offender Assessment Board.
"Child." An individual under 18 years old.
"Child abuse offender." An individual required by a court
order to register in accordance with this subchapter.
"Child abuse personal injury crime." One of the following
acts, attempt, solicitation or conspiracy to commit an act which
would constitute a misdemeanor or felony if the victim is a
child:
(1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
(2) 18 Pa.C.S. Ch. 26 (relating to crimes against unborn
child).
(3) 18 Pa.C.S. Ch. 27 (relating to assault).
(4) 18 Pa.C.S. Ch. 29 (relating to kidnapping).
(5) 18 Pa.C.S. Ch. 30 (relating to human trafficking).
(6) 18 Pa.C.S. § 4303 (relating to concealing death of
child).
(7) 18 Pa.C.S. § 4304 (relating to endangering welfare
of children).
(8) 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
witness intimidation).
(9) 18 Pa.C.S. § 6301 (relating to corruption of
minors).
(10) 18 Pa.C.S. § 6315 (relating to selling or
furnishing butane to minors).
(11) 18 Pa.C.S. § 6316 (relating to selling or
furnishing certain stimulants to minors).
(12) 18 Pa.C.S. § 6319 (relating to solicitation of
minors to traffic drugs).
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"Convicted." Includes conviction by entry of plea of guilty
or nolo contendere, conviction after trial or court martial and
a finding of not guilty due to insanity or of guilty but
mentally ill.
"Deadly weapon." The term shall have the meaning as under 18
Pa.C.S. § 2301 (relating to definitions).
"Employed." Includes a vocation or employment that is full
time or part time for a period of time exceeding four days
during a seven-day period or for an aggregate period of time
exceeding 14 days during any calendar year, whether self-
employed, volunteered, financially compensated, pursuant to a
contract or for the purpose of governmental or educational
benefit.
"Mental abnormality." A congenital or acquired condition of
an individual that affects the emotional or volitional capacity
of the individual in a manner that predisposes that individual
to the commission of criminal violent acts to a degree that
makes the individual a menace to the health and safety of other
persons.
"NCIC." The National Crime Information Center.
"Registry." The Statewide Registry of Child Abuse Offenders
established under this subchapter.
"Student." An individual who is enrolled in or attends a
public or private educational institution within this
Commonwealth on a full-time or part-time basis, including a
secondary school, trade or professional institution or
institution of higher education. The term does not include an
individual enrolled in an educational institution exclusively
through the Internet or via correspondence courses.
"Temporary lodging." The specific location, including street
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address, where a child abuse offender is staying when away from
the child abuse offender's residence for seven or more days.
"Transient." A child abuse offender who does not have a
residence but nevertheless resides in this Commonwealth in a
temporary habitat or other temporary place of abode or dwelling,
including a homeless shelter or park.
§ 9799.81. Child abuse risk assessment.
(a) Order for assessment.--Except as provided in subsection
(h) and section 9799.83(b) (relating to period of registration),
after petition by the prosecuting district attorney or when the
court otherwise deems it necessary, a court shall order an
individual convicted of a child abuse personal injury crime to
be assessed by the board following conviction but before
sentencing. The order for an assessment shall be sent to the
executive director of the board within 10 days of:
(1) the date of conviction of the child abuse personal
injury crime; or
(2) receipt of the request for an assessment under
subsection (h).
(b) Assessment.--Upon receipt from the court of an order for
an assessment under subsection (a), a member of the board as
designated by the executive director of the board shall conduct
an assessment of the individual to determine if the individual
should be classified as a child abuse offender. The board shall
establish standards for evaluations and for evaluators
conducting an assessment. An assessment shall include an
examination of the following:
(1) Facts of the current offense, including:
(i) Whether the offense involved multiple victims.
(ii) Whether the individual exceeded the means
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necessary to achieve the offense.
(iii) Whether the individual used a deadly weapon
during the commission of the offense.
(iv) Evidence of torture, extreme cruelty or
sadistic behavior.
(v) The extent and nature of the physical harm
inflicted on the victim.
(vi) Relationship of the individual to the victim.
(vii) Age of the victim.
(viii) Whether the offense included a display of
unusual cruelty by the individual during the commission
of the crime.
(ix) The mental capacity of the victim.
(x) Whether the offense involved planning,
preparation or premeditation.
(2) Prior history of conduct or behavior related to
child abuse, including:
(i) The individual's prior criminal record.
(ii) Whether the individual previously completed
sentences for other offenses.
(iii) Whether the individual participated in
available programs required by the court of the
Department of Corrections.
(iv) Whether the individual exhibited patterns of
conduct or behavior that included child abuse.
(v) Prior assessments conducted by the board.
(vi) Whether the individual was previously subject
to child abuse offender registration requirements.
(3) Characteristics of the individual, including:
(i) Age.
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(ii) Use of illegal drugs.
(iii) Mental illness, mental disability or mental
abnormality.
(iv) Behavioral characteristics that contribute to
the individual's conduct.
(4) Factors that are supported in a child abuse
assessment field as criteria reasonably related to the risk
of re-offense.
(c) Release of information.--All State, county and local
agencies, offices and entities in this Commonwealth shall
cooperate by providing copies of records and information as
requested by the board in connection with the court-ordered
assessment and the assessment requested by the Pennsylvania
Parole Board.
(d) Submission of report.--The board shall have 90 days from
the date of conviction of the individual being assessed to
submit a written report containing the assessment to the
district attorney.
(e) Summary of offense.--The board shall prepare a
description of the offense or offenses that trigger the
application of this subchapter and include:
(1) A concise narrative of the individual's conduct.
(2) The age of the victim and the individual's
relationship to the victim.
(3) Any physical, mental or emotional injury of the
victim.
(4) The use of a weapon or physical force used or
threatened, if any.
(5) If the offense was part of a course or pattern of
conduct involving multiple incidents or victims.
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(6) Previous instances in which the individual was
determined guilty of a child abuse personal injury crime.
(f) Hearing and determination.--
(1) After praecipe filed by a district attorney, a
hearing to determine whether the individual is a child abuse
offender and whether the individual shall be subject to
public registration requirements under this subchapter shall
be scheduled. The district attorney, after the filing of a
praecipe, shall serve a copy of the praecipe and the report
of the board under this section to defense counsel.
(2) The individual and district attorney shall be given
notice of the hearing and an opportunity to be heard, the
right to call witnesses, the right to call expert witnesses
and the right to cross-examine witnesses. The convicted
individual shall have the right to counsel and to have an
attorney appointed to represent the individual if the
convicted individual cannot afford one. If the convicted
individual requests an expert assessment, the convicted
individual shall provide a copy of the expert assessment to
the district attorney prior to the hearing.
(3) At the hearing prior to sentencing, the court shall
determine whether the Commonwealth has proved by clear and
convincing evidence that the convicted individual is a child
abuse offender.
(4) If the Commonwealth proves by clear and convincing
evidence that the convicted individual is a child abuse
offender, the court shall order the convicted individual to
register as a child abuse offender in accordance with section
9799.83.
(5) A copy of the order containing the determination of
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the court shall be immediately submitted to the convicted
individual, the district attorney, the Pennsylvania Parole
Board, the Department of Corrections, the board and the
Pennsylvania State Police.
(g) Presentence investigation.--If the board has performed
an assessment under this section, copies of the assessment
report shall be provided to the agency preparing the presentence
investigation.
(h) Parole assessment.--The Department of Corrections or
Pennsylvania Parole Board may request that the board conduct an
assessment of a child abuse offender and that an assessment
report be provided to the Pennsylvania Parole Board prior to
consideration for parole.
§ 9799.82. Applicability.
The following individuals shall register with the
Pennsylvania State Police as provided in sections 9799.83
(relating to period of registration), 9799.86 (relating to
initial registration) and 9799.91 (relating to verification by
child abuse offenders and Pennsylvania State Police) and
otherwise comply with this subchapter:
(1) A child abuse offender who has a residence within
this Commonwealth or is a transient.
(2) A child abuse offender who is convicted in this
Commonwealth and who does not have a residence in this
Commonwealth and:
(i) is employed in this Commonwealth; or
(ii) is a student in this Commonwealth.
(3) A child abuse offender who is an inmate in a State
or county correctional institution of this Commonwealth,
including a community corrections center or a community
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contract facility, is being supervised by the Department of
Corrections or county probation or parole, is subject to a
sentence of intermediate punishment or restrictive conditions
of probation or has supervision transferred pursuant to the
Interstate Compact for Adult Supervision.
(4) A child abuse offender who is an inmate in a Federal
correctional institution or is supervised by Federal
probation authorities and who:
(i) has a residence within this Commonwealth or is a
transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
§ 9799.83. Period of registration.
(a) Requirement.--
(1) Subject to subsection (d), a child abuse offender
shall register with the Pennsylvania State Police for a
period not less than 12 months nor more than 25 years, as
determined by the court following a hearing under section
9799.81(f) (relating to child abuse risk assessment).
(2) In determining the registration period to be imposed
and whether the child abuse offender shall appear on the
publicly accessible Internet website maintained by the
Pennsylvania State Police in accordance with section 9799.93
(relating to publicly accessible Internet website), the court
shall consider, at a minimum:
(i) The factors under section 9799.81(b).
(ii) The board's assessment submitted under section
9799.81(d).
(iii) The child abuse offender's presentence
investigation report.
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(iv) Evidence or information presented by the child
abuse offender.
(b) Assessment by court after 15 years.--A child abuse
offender may be exempt from the requirement to register, the
requirement to verify residence, employment and enrollment in an
educational institution, the requirement to appear on the
publicly accessible Internet website maintained by the
Pennsylvania State Police and all other requirements of this
subchapter if subject to subsection (d), at least 15 years have
elapsed prior to filing a petition with the sentencing court to
be exempt from the requirements of this subchapter, during which
time the petitioner has not been convicted in this Commonwealth
or any other jurisdiction or foreign country of an offense
punishable by imprisonment of more than one year, or the
petitioner's release from custody following the petitioner's
most recent conviction for an offense, whichever is later. The
following apply:
(1) After receipt of a petition filed under this
subsection, the sentencing court shall enter an order
directing that the petitioner be assessed by the board. After
receipt from the court of an order for an assessment under
this paragraph, a member of the board designated by the
administrative officer of the board shall conduct an
assessment of the petitioner to determine if the relief
sought, if granted, is likely to pose a threat to the safety
of any child. The board shall establish standards for
evaluations and for evaluators conducting assessments.
(2) The order for an assessment under this subsection
shall be sent to the administrative officer of the board
within 10 days of the entry. No later than 90 days following
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receipt of the order, the board shall submit a written report
containing the board's assessment to the sentencing court,
the district attorney and the attorney for the petitioner.
(3) Within 120 days of filing the petition under this
subsection, the sentencing court shall hold a hearing to
determine whether to exempt the petitioner from the
application of any or all of the requirements of this
subchapter. The petitioner and the district attorney shall be
given notice of the hearing and an opportunity to be heard,
the right to call witnesses and the right to cross-examine
witnesses. The petitioner shall have the right to counsel and
to have a lawyer appointed to represent the petitioner if the
petitioner cannot afford one.
(4) The sentencing court shall exempt the petitioner
from application of any or all of the requirements of this
subchapter, at the discretion of the court, only upon a
finding of clear and convincing evidence that exempting the
child abuse offender from a particular requirement or all of
the requirements of this subchapter is not likely to pose a
threat to the safety of any child.
(5) A court granting relief under this subsection shall
notify the Pennsylvania State Police in writing within 10
days from the date the relief is granted. If a memorandum of
understanding has been entered into under section 9799.92
(relating to victim notification) with respect to relief
granted to the petitioner, the Pennsylvania State Police
shall transmit the information about the relief to the Office
of Victim Advocate as soon as is practicable. The Office of
Victim Advocate shall notify the victim of the relief, in
accordance with the memorandum of understanding, as described
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in section 9799.92.
(6) The petitioner and the Commonwealth shall have the
right to appellate review of the actions of the sentencing
court under this subsection. An appeal by the Commonwealth
shall stay the order of the sentencing court.
(7) The petitioner may file an additional petition with
the sentencing court no sooner than five years from the date
of the final determination of a court regarding the petition.
(8) If the petitioner is exempt from any provisions of
this subchapter and the petitioner is subsequently convicted
under 18 Pa.C.S. § 4915.3 (relating to failure to comply with
child abuse offender registration requirements), relief
granted under this subsection shall be void and the
petitioner shall automatically and immediately again be
subject to the provisions of this subchapter, as previously
determined by this subchapter.
(c) Commencement of registration.--
(1) The period of registration ordered by the court in
subsection (a) shall commence upon:
(i) release from incarceration in a State or county
correctional facility, including release to a community
correction center or community contract facility;
(ii) parole or a sentence of probation; or
(iii) a sentence of State or county intermediate
punishment in which the person is not sentenced to a
period of incarceration.
(2) Notwithstanding paragraph (1), a child abuse
offender shall initially register with the Pennsylvania State
Police as required under section 9799.86 (relating to initial
registration).
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(d) Period of registration tolled.--
(1) The period of registration under subsection (a)
shall be tolled for the period of time in which the child
abuse offender is:
(i) incarcerated in a Federal, State or county
correctional institution, excluding a community contract
facility or community corrections center;
(ii) subject to a sentence of intermediate
punishment which is restrictive and where the individual
is sentenced to a period of incarceration;
(iii) committed to an institution or facility under
section 6352(a)(3) (relating to disposition of delinquent
child) that provides the individual with 24-hour-per-day
supervision and care; or
(iv) incarcerated in a Federal correctional
institution, excluding a community contract facility or
community corrections center.
(2) This subsection shall apply to a child abuse
offender who is recommitted to a Federal, State or county
correctional institution for a parole violation or who has
been sentenced to an additional term of imprisonment. In
addition, this subsection shall apply to an individual
committed to or recommitted to a Federal correctional
institution. In the case of recommitment to a State or county
correctional institution, the Department of Corrections or
the county correctional facility shall notify the
Pennsylvania State Police of the admission of the individual.
(e) Periodic in-person appearance required.--A child abuse
offender shall appear in person at an approved registration site
to provide or verify the information under section 9799.84(b)
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(relating to registry) and to be photographed annually.
(f) In-person appearance to update information.--In addition
to the periodic in-person appearance required in subsections (e)
and (g), a child abuse offender shall appear in person at an
approved registration site within three business days to provide
current information relating to:
(1) A change in name, including an alias.
(2) A commencement of residence, change in residence,
termination of residence or failure to maintain a residence,
therefore making the individual a transient.
(3) Commencement of employment, a change in the location
or entity in which the individual is employed or a
termination of employment.
(4) Initial enrollment as a student, a change in
enrollment as a student or termination as a student.
(5) An addition or change in telephone number, including
a cell phone number, or a termination of telephone number,
including a cell phone number.
(6) An addition, a change in and termination of a motor
vehicle owned or operated, including watercraft or aircraft.
In order to fulfill the requirements of this paragraph, the
individual must provide any license plate numbers and
registration numbers and other identifiers and an addition to
or change in the address of the place the vehicle is stored.
(7) A commencement of temporary lodging, a change in
temporary lodging or a termination of temporary lodging. In
order to fulfill the requirements of this paragraph, the
individual must provide the specific length of time and the
dates during which the individual will be temporarily lodged.
(8) An addition, change in or termination of email
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address, instant message address or any other designations
used in Internet communications or postings.
(9) An addition, change in or termination of information
related to occupational and professional licensing, including
type of license held and license number.
(g) Transients.--If the child abuse offender is a transient,
the child abuse offender shall appear in person at an approved
registration site to provide or to verify the information and to
be photographed monthly. The duty to appear in person monthly
and to be photographed shall apply until a transient establishes
a residence. In the event a transient establishes a residence,
the requirement of periodic in-person appearances under
subsection (e) shall apply.
(h) International travel.--In addition to the periodic in-
person appearance required in subsection (e), a child abuse
offender shall appear in person at an approved registration site
no less than 21 days in advance of traveling outside of the
United States and provide the following information:
(1) Dates of travel, including date of return to the
United States.
(2) All destinations.
(3) Temporary lodging.
(i) In-person reporting by incarcerated or committed
individuals.--The requirements of subsections (e), (f) and (g)
shall not apply where the child abuse offender is:
(1) incarcerated in a correctional institution,
excluding a community contract facility or community
corrections center;
(2) subject to a sentence of intermediate punishment
which is restrictive and where the individual is sentenced to
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a period of incarceration;
(3) committed to an institution or facility under
section 6352(a)(3) which provides the individual with 24-
hour-per-day supervision and care; or
(4) committed to and receiving involuntary inpatient
treatment in the State-owned facility or unit under Chapter
64 (relating to court-ordered involuntary treatment of
certain sexually violent persons).
§ 9799.84. Registry.
(a) Establishment.--The Statewide registry of child abuse
offenders is established in accordance with this subchapter. The
Pennsylvania State Police shall create and maintain the
registry. The registry shall be:
(1) Composed of an electronic database and digitized
records.
(2) Able to communicate with child abuse offender
registries established in other jurisdictions.
(b) Information provided by child abuse offender.--A child
abuse offender shall provide the following information to the
Pennsylvania State Police which shall be included in the
registry:
(1) Primary or given name, including an alias used by
the individual, nickname, pseudonym, ethnic or tribal name,
regardless of the context used and any designations or
monikers used for self-identification in Internet
communications or postings.
(2) Designation used by the individual for purposes of
routing or self-identification in Internet communications or
postings.
(3) Telephone number, including cell phone number, and
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any other designation used by the individual for purposes of
routing or self-identification in telephonic communications.
(4) Valid Social Security number issued to the
individual by the Federal Government and purported Social
Security number.
(5) Address of each residence or intended residence,
whether or not the residence or intended residence is located
within this Commonwealth and the location at which the
individual receives mail, including a post office box. If the
individual fails to maintain a residence and is therefore a
transient, the individual shall provide information for the
registry as required under paragraph (6).
(6) If the individual is a transient, the individual
shall provide information about the transient's temporary
habitat or other temporary place of abode or dwelling,
including a homeless shelter or park. In addition, the
transient shall provide a list of places the transient eats,
frequents and engages in leisure activities and any planned
destinations, including those outside this Commonwealth. If
the transient changes or adds to the places listed under this
paragraph during a monthly period, the transient shall list
these changes or additions when registering as a transient
during the next monthly period. In addition, the transient
shall provide the place the transient receives mail,
including a post office box. The duty to provide the
information under this paragraph shall apply until the
transient establishes a residence. In the event a transient
establishes a residence, the requirements of section 9799.83
(relating to period of registration) shall apply.
(7) Temporary lodging. In order to fulfill the
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requirements of this paragraph, the individual must provide
the specific length of time and the dates during which the
individual will be temporarily lodged.
(8) A passport and documents establishing immigration
status, which shall be copied in a digitized format for
inclusion in the registry.
(9) Name and address where the individual is employed or
will be employed. In order to fulfill the requirements of
this paragraph, if the individual is not employed in a fixed
workplace, the individual shall provide information regarding
general travel routes and general areas where the individual
works.
(10) Information relating to occupational and
professional licensing, including type of license held and
the license number.
(11) Name and address where the individual is a student
or will be a student.
(12) Information relating to motor vehicles owned or
operated by the individual, including watercraft and
aircraft. In order to fulfill the requirements of this
paragraph, the individual shall provide a description of each
motor vehicle, watercraft or aircraft. The individual shall
provide a license plate number, registration number or other
identification number and the address of the place where a
vehicle is stored. In addition, the individual shall provide
the individual's license to operate a motor vehicle or other
identification card issued by the Commonwealth, another
jurisdiction or a foreign country so that the Pennsylvania
State Police can fulfill its responsibilities under
subsection (c)(7).
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(13) Actual date of birth and purported date of birth.
(14) Form signed by the individual acknowledging the
individual's obligations under this subchapter provided in
accordance with section 9799.90 (relating to court
notification and classification requirements).
(c) Criminal justice information.--The Pennsylvania State
Police shall ensure that the following information is included
in or electronically accessible by the registry:
(1) Physical description of the individual, including a
general physical description and tattoos, scars and other
identifying marks.
(2) Text of the statute defining the criminal offense
for which the individual is registered.
(3) Criminal history record information of the
individual, including:
(i) Dates of arrests and convictions.
(ii) Status of probation, parole or supervised
release.
(iii) Whether the individual is in compliance with
this subchapter or has absconded.
(iv) Existence of any outstanding warrants.
(4) Current photograph of the individual. In order to
fulfill the requirements of this paragraph, in addition to
the requirement of photographs under this subchapter, the
Pennsylvania State Police shall ensure that additional
photographs are taken as needed when there is a significant
change in appearance of the individual, including the taking
of a current photograph before the individual is released
from a State or county correctional institution or an
institution or facility under section 6352(a)(3) (relating to
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disposition of delinquent child).
(5) Set of fingerprints and palm prints of the
individual. In order to fulfill the requirements of this
paragraph, the palm prints shall be taken for the purpose of
submission to the Federal Bureau of Investigation Central
Database. The palm prints shall be submitted for entry into
the database.
(6) DNA sample of the individual. In order to fulfill
the requirements of this paragraph, the sample shall be taken
for the purpose of analysis and entry into the Combined DNA
Index System. In addition, the sample shall be analyzed and
submitted for entry into the Combined DNA Index System.
(7) Photocopy of valid driver's license or
identification card issued to the individual by the
Commonwealth, another jurisdiction or a foreign country.
(d) Cooperation.--There shall be cooperation between the
Pennsylvania State Police, State and county correctional
institutions, the Pennsylvania Parole Board, the county office
of probation and parole, any court with jurisdiction over a
child abuse offender, the chief juvenile probation officer of
the court, juvenile probation and parole, the board and the
Department of Human Services to ensure that the information
under subsections (b) and (c) is provided and placed in the
registry.
§ 9799.85. Information sharing.
(a) Duty of Pennsylvania State Police.--The Pennsylvania
State Police shall, within three business days, make available
information provided by an individual under sections 9799.83
(relating to period of registration), 9799.84 (relating to
registry) and 9799.86 (relating to initial registration) to:
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(1) A jurisdiction in which the individual is required
to register the individual's residence, employment or
enrollment as a student.
(2) A jurisdiction in which the individual has
terminated the individual's residence, employment or
enrollment as a student.
(3) The district attorney of the county in which the
individual:
(i) establishes a residence, terminates a residence
or is transient;
(ii) commences employment or terminates employment;
or
(iii) enrolls as a student or terminates enrollment
as a student.
(4) The chief law enforcement officer of the police
department of the municipality in which the individual:
(i) establishes a residence, terminates a residence
or is transient;
(ii) commences employment or terminates employment;
or
(iii) enrolls as a student or terminates enrollment
as a student.
(5) The county office of probation and parole for the
county in which the individual:
(i) establishes a residence, terminates a residence
or is transient;
(ii) commences employment or terminates employment;
or
(iii) enrolls as a student or terminates enrollment
as a student.
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(b) International residence.--The Pennsylvania State Police
shall, within three business days, transfer information that a
child abuse offender intends to establish residence in another
country to:
(1) A jurisdiction in which the child abuse offender is
required to register residence, employment or enrollment as a
student.
(2) The United States Marshals Service.
(3) The Department of Justice for inclusion in NCIC.
(c) International travel.--The Pennsylvania State Police
shall, within three business days, transfer information about
international travel provided by the child abuse offender under
section 9799.83(h) to:
(1) A jurisdiction in which the child abuse offender is
required to register the child abuse offender's residence, as
a transient, employment or enrollment as a student.
(2) The United States Marshals Service.
(3) The Department of Justice for inclusion in NCIC.
(d) National Child Protection Act agencies.--The
Pennsylvania State Police shall, within three business days,
transfer criminal history record information about a child abuse
offender in the registry necessary to enable an agency
responsible for conducting employment-related background checks
under 34 U.S.C. § 40102 (relating to background checks).
§ 9799.86. Initial registration.
(a) Requirement.--A child abuse offender shall initially
register with the Pennsylvania State Police as required under
this section.
(b) Supervision of individual convicted in Commonwealth who
does not intend to reside in Commonwealth.--A child abuse
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offender who seeks transfer of supervision to another
jurisdiction pursuant to the Interstate Compact for Adult
Offender Supervision shall not have supervision transferred to
another jurisdiction prior to the child abuse offender's
registration with the Pennsylvania State Police as required
under this section.
(c) Registration if incarcerated within Commonwealth.--The
following apply to incarcerated child abuse offenders:
(1) If the child abuse offender is incarcerated in a
Federal, State or county correctional facility, the child
abuse offender shall provide the information specified in
section 9799.84(b) (relating to registry) to the appropriate
official of the Federal, State or county correctional
facility or the Department of Corrections for inclusion in
the registry before being released due to:
(i) the expiration of sentence, in which case the
information shall be collected no later than 10 days
prior to the maximum expiration date;
(ii) parole;
(iii) State or county intermediate punishment where
the sentence is restrictive and the individual is
sentenced to a period of incarceration in a State or
county correctional facility or a work release facility;
or
(iv) special probation supervised by the Department
of Corrections.
(2) For a child abuse offender described in paragraph
(1), the appropriate official of the Federal, State or county
correctional facility or the Department of Corrections shall
collect and forward the information specified in section
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9799.84(b) to the Pennsylvania State Police. The appropriate
official shall, in addition, ensure that the information
specified in section 9799.84(c) is collected and forwarded to
the Pennsylvania State Police. The information specified in
section 9799.84(b) and (c) shall be included in the registry.
With respect to child abuse offenders released under
paragraph (1)(ii), (iii) or (iv), the State or county
correctional facility shall not release the child abuse
offender until the State or county correctional facility
receives verification from the Pennsylvania State Police that
the Pennsylvania State Police has received the information
specified in section 9799.84(b) and (c). Verification may
take place by electronic means. With respect to child abuse
offenders released under paragraph (1)(i), if the child abuse
offender refuses to provide the information specified in
section 9799.84(b), the State or county correctional facility
shall notify the Pennsylvania State Police or the municipal
police department with jurisdiction over the facility of the
failure to provide the information and of the expected date,
time and location of the release of the child abuse offender.
(d) Registration if sentenced to a State or county
correctional facility.--If the child offender is sentenced to a
period of incarceration in a State or county correctional
facility, the child abuse offender shall provide the information
specified in section 9799.84(b) as follows:
(1) At the time of sentencing, the court shall require
the child abuse offender to immediately report to the office
of probation and parole serving that county to register under
this subchapter. The appropriate office of probation and
parole shall collect the information specified in section
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9799.84(b) from the individual and forward the information to
the Pennsylvania State Police. The appropriate office of
probation and parole shall, in addition, ensure the
information specified in section 9799.84(c) is collected and
forwarded to the Pennsylvania State Police. The information
specified in section 9799.84(b) and (c) shall be included in
the registry.
(2) If the child abuse offender is incarcerated in a
State or county correctional facility, the correctional
facility shall notify the Pennsylvania State Police not more
than 30 days in advance of, but not later than 10 days prior
to, the child abuse offender's release from the correctional
facility according to the following:
(i) The correctional facility shall ensure that the
information specified in section 9799.84(b) and (c) for
the child abuse offender has been submitted to the
Pennsylvania State Police.
(ii) If the information has not been submitted to
the Pennsylvania State Police, the correctional facility
shall collect the information specified in section
9799.84(b) from the child abuse offender and forward the
information to the Pennsylvania State Police.
(iii) The correctional facility shall also report
any changes to the information specified in section
9799.84(b) and (c) on file with the Pennsylvania State
Police.
(iv) In the case of parole, State intermediate
punishment, State drug treatment programs or restrictive
conditions of probation where the sentence is restrictive
and the child abuse offender is sentenced to a period of
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incarceration in a State or county correctional facility
or work release facility or special probation supervised
by the Department of Corrections, the correctional
facility may not release the child abuse offender until
the correctional facility receives verification from the
Pennsylvania State Police that the Pennsylvania State
Police has received the information specified in section
9799.84(b) and (c). Verification by the Pennsylvania
State Police may occur by electronic means.
(v) If the child abuse offender is scheduled to be
released from a State or county correctional facility due
to the expiration of sentence and the child abuse
offender refuses to provide the information specified in
section 9799.84(b), the State or county correctional
facility shall notify the Pennsylvania State Police or
the municipal police department with jurisdiction over
the facility of the failure to provide the information
and of the expected date, time and location of the
release of the child abuse offender.
(e) Registration if sentenced to county intermediate
punishment.--If the child abuse offender is sentenced to county
intermediate punishment which is restorative where the child
abuse offender is not sentenced to incarceration or to a work
release facility, the child abuse offender shall provide the
information specified in section 9799.84(b) by appearing at an
approved registration site within 48 hours of being sentenced.
The appropriate official of the county office of probation and
parole shall ensure that the child abuse offender has appeared
at an approved registration site as described in this
subsection. If the individual fails to appear, the appropriate
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official of the county office of probation and parole shall
notify the Pennsylvania State Police. The Pennsylvania State
Police shall ensure the information specified in section
9799.84(c) with respect to the child abuse offender is collected
and entered in the registry.
(f) Registration if sentenced to county intermediate
punishment.--If the child abuse offender is sentenced to county
intermediate punishment, the following apply:
(1) If the child abuse offender is sentenced to county
intermediate punishment which is restorative, the child abuse
offender shall provide the information specified in section
9799.84(b) by appearing at an approved registration site
within 48 hours of being sentenced. The appropriate official
of the county office of probation and parole shall ensure
that the child abuse offender has appeared at an approved
registration site as specified in this paragraph. If the
child abuse offender fails to appear, the appropriate
official of the county office of probation and parole shall
notify the Pennsylvania State Police. The Pennsylvania State
Police shall ensure the information specified in section
9799.84(c) with respect to the child abuse offender is
collected and entered in the registry.
(2) If the child abuse offender is sentenced to county
intermediate punishment which is restrictive where the child
abuse offender is not sentenced to incarceration or to a work
release facility, the child abuse offender shall provide the
information specified in section 9799.84(b) by appearing at
an approved registration site within 48 hours of being
sentenced. The appropriate official of the county office of
probation and parole shall ensure that the child abuse
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offender has appeared at an approved registration site as
described in this paragraph. If the child abuse offender
fails to appear, the appropriate official of the county
office of probation and parole shall notify the Pennsylvania
State Police. The Pennsylvania State Police shall ensure the
information specified in section 9799.84(c) with respect to
the child abuse offender is collected and entered in the
registry.
(g) Registration if sentenced to county probation.--If the
child abuse offender is sentenced to county probation, the child
abuse offender shall provide the information specified in
section 9799.84(b) by appearing at an approved registration site
within 48 hours of being sentenced. The appropriate official of
the county office of probation and parole shall ensure that the
child abuse offender has appeared at an approved registration
site as described in this subsection. If the child abuse
offender fails to appear, the appropriate official of the county
office of probation and parole shall notify the Pennsylvania
State Police. The Pennsylvania State Police shall ensure the
information specified in section 9799.84(c) with respect to the
child abuse offender is collected and entered in the registry.
(h) Registration for county probationers.--If the child
abuse offender is serving a sentence of county probation, the
appropriate office of probation and parole serving the county
shall register the child abuse offender within 48 hours. The
appropriate official of that office shall collect the
information specified in section 9799.84(b) and forward that
information to the Pennsylvania State Police. The Pennsylvania
State Police shall ensure that the information specified in
section 9799.84(c) is collected. The information specified in
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section 9799.84(b) and (c) shall be included in the registry. If
the child abuse offender fails to comply, the appropriate
official of that office shall notify the Pennsylvania State
Police.
(i) Registration for State or county parolees.--
(1) If the child abuse offender is serving a sentence of
county parole, the appropriate office of probation and parole
serving the county shall register the child abuse offender
within 48 hours. The appropriate official of that office
shall collect the information specified in section 9799.84(b)
and forward that information to the Pennsylvania State
Police. The Pennsylvania State Police shall ensure that the
information specified in section 9799.84(c) is collected. The
information specified in section 9799.84(b) and (c) shall be
included in the registry. If the child abuse offender fails
to comply, the appropriate official of that office shall
notify the Pennsylvania State Police.
(2) If the child abuse offender is serving a sentence of
State parole, the Department of Corrections shall register
the child abuse offender within 48 hours. The appropriate
official of the Department of Corrections shall collect the
information specified in section 9799.84(b) from the child
abuse offender and forward the information to the
Pennsylvania State Police. The Pennsylvania State Police
shall ensure that the information specified in section
9799.84(c) is collected. The information specified in section
9799.84(b) and (c) shall be included in the registry. If the
child abuse offender fails to comply, the appropriate
official of the Department of Corrections shall notify the
Pennsylvania State Police.
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§ 9799.87. Duty to inform.
In order to implement section 9799.86 (relating to initial
registration), as appropriate, the Pennsylvania State Police,
the court having jurisdiction over the child abuse offender, the
chief juvenile probation officer of the court and the
appropriate official of the Department of Corrections, county
office of probation and parole, the board, the Department of
Human Services or a State or county correctional institution
shall:
(1) Inform the child abuse offender of the child abuse
offender's duties under this subchapter.
(2) Require the child abuse offender to read and sign a
form stating that the duty to register has been explained and
that the child abuse offender understands the registration
requirement.
(3) Collect the information required under section
9799.84 (b) and (c) (relating to registry) and forward the
information to the Pennsylvania State Police for inclusion in
the registry under this subchapter.
§ 9799.88. Penalties.
(a) Fails to register.--A child abuse offender shall be
subject to prosecution under 18 Pa.C.S. § 4915.3 (relating to
failure to comply with child abuse offender registration
requirements) if the child abuse offender fails to:
(1) register with the Pennsylvania State Police as
required under section 9799.83 (relating to period of
registration), 9799.86 (relating to initial registration) or
9799.91 (relating to verification by child abuse offenders
and Pennsylvania State Police);
(2) verify the information provided by the child abuse
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offender or be photographed as provided under section 9799.83
or 9799.91 or
(3) provide accurate information when registering under
sections 9799.83, 9799.86 and 9799.91.
(b) Counseling.--A child abuse offender may be subject to
prosecution under 18 Pa.C.S. § 4915.3 if the child abuse
offender fails to comply with section 9799.101 (relating to
counseling requirement).
§ 9799.89. Enforcement.
(a) Failure to comply.--If a child abuse offender fails to
comply with section 9799.86 (relating to initial registration),
9799.88 (relating to penalties) or 9799.101 (relating to
counseling requirement), the Pennsylvania State Police shall:
(1) In cooperation with the district attorney, seek
issuance of a warrant for the arrest of the child abuse
offender and locate and arrest the child abuse offender for
violating this section.
(2) Notify the municipal police department where the
child abuse offender has a residence, is a transient, is
employed or is enrolled as a student. The municipal police
shall, in cooperation with the district attorney, seek
issuance of a warrant for the arrest of the child abuse
offender and locate and arrest the child abuse offender for
violating this section. In municipalities where no municipal
police department exists, the Pennsylvania State Police shall
proceed under paragraph (1).
(b) If individual cannot be found.--
(1) In the event the child abuse offender cannot be
located:
(i) The Pennsylvania State Police shall enter
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information in the registry indicating that the child
abuse offender cannot be located.
(ii) The Pennsylvania State Police shall provide
information to NCIC to reflect that the child abuse
offender cannot be located.
(iii) The Pennsylvania State Police shall notify the
United States Marshals Service.
(2) If a warrant is issued pursuant to this subsection,
the police department executing the warrant shall provide
information to the NCIC Wanted Person File to reflect that a
warrant has been issued for the child abuse offender's
arrest.
(c) Duty to inform Pennsylvania State Police.--In order to
implement this subchapter, the court with jurisdiction over the
child abuse offender, the chief juvenile probation officer of
the court and the appropriate official of the Department of
Corrections responsible for State parole supervision, the county
office of probation and parole, the Department of Human Services
or a State or county correctional institution shall inform the
Pennsylvania State Police if the child abuse offender refuses to
provide the information required by this subchapter so that the
Pennsylvania State Police may comply with this section.
§ 9799.90. Court notification and classification requirements.
(a) Notice to child abuse offenders.--At the time of
sentencing, the court shall inform the child abuse offender of
the provisions of this subchapter. The court shall:
(1) Specifically classify the individual as a child
abuse offender.
(2) Specifically inform the child abuse offender of:
(i) the duty to register in accordance with sections
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9799.83 (relating to period of registration), 9799.84(b)
(relating to registry), 9799.86 (relating to initial
registration) and 9799.91 (relating to verification by
child abuse offenders and Pennsylvania State Police); and
(ii) the duty to attend counseling in accordance
with section 9799.101 (relating to counseling
requirement), if applicable.
(3) In accordance with 9799.84, order that the
fingerprints, palm prints, DNA sample and photograph of the
child abuse offender be provided to the Pennsylvania State
Police upon sentencing.
(4) Require the child abuse offender to read and sign a
form stating that the duty to register under this subchapter
has been explained. If the child abuse offender is incapable
of speaking, reading or writing the English language, the
court shall certify the duty to register was explained to the
child abuse offender, and the child abuse offender indicated
an understanding of the duty.
(b) Mandatory registration.--
(1) All child abuse offenders must register in
accordance with this subchapter.
(2) Failure by the court to provide the information
required in this section, to correctly inform a child abuse
offender of the child abuse offender's obligations or to
require a child abuse offender to register shall not relieve
the child abuse offender from the requirements of this
subchapter.
(3) The court shall have no authority to relieve a child
abuse offender from the duty to register under this
subchapter or to modify the requirements of this subchapter
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relating to the child abuse offender.
§ 9799.91. Verification by child abuse offenders and
Pennsylvania State Police.
(a) Periodic verification.--Except for initial registration
as provided in section 9799.86 (relating to initial
registration) and in accordance with section 9799.83(a)
(relating to period of registration), a child abuse offender
shall verify the information provided in section 9799.84(b)
(relating to registry), by appearing in person at an approved
registration site annually to be photographed.
(b) Telephonic verification system.--The Pennsylvania State
Police shall develop a mechanism to permit child abuse offenders
to utilize a telephonic verification system. A child abuse
offender may not utilize the telephonic verification system
until the Pennsylvania State Police transmit a notice to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin that the telephonic
verification system is operational.
(c) Deadline.--
(1) A child abuse offender shall appear as required
under subsection (a) within 10 days before the date
designated by the Pennsylvania State Police. Failure to
appear within 10 days may subject the child abuse offender to
prosecution under 18 Pa.C.S. § 4915.3 (relating to failure to
comply with child abuse offender registration requirements).
(2) In the case of a child abuse offender who fails to
appear in person or by telephone as required under this
section, the Pennsylvania State Police shall notify the
municipal police department where the child abuse offender
has a residence, is employed or is enrolled as a student. The
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municipal police shall locate the child abuse offender and
arrest the offender for violating this section. A municipal
police department may request assistance locating or
arresting a child abuse offender from the Pennsylvania State
Police. In municipalities where no municipal police
department exists, the Pennsylvania State Police shall locate
and arrest the child abuse offender for violating this
section.
(3) In the case of a child abuse offender who fails to
appear in person or by telephone as required under this
section, the Pennsylvania State Police shall notify the
United States Marshals Service in accordance with section
9799.89(b)(1)(iii) (relating to enforcement).
(d) Facilitation of verification.--The Pennsylvania State
Police shall administer and facilitate the process of
verification of information, including compliance with
counseling and photographing the child abuse offender by:
(1) Sending a notice by first class United States mail
to each child abuse offender at the last reported location
where the offender receives mail. The notice shall be sent
not more than 30 days nor less than 15 days prior to the date
a child abuse offender is required to appear under subsection
(a). The notice shall remind the child abuse offender of the
child abuse offender's responsibilities under this
subchapter, including counseling, and provide a list of
approved registration sites and the telephone number to
contact the Pennsylvania State Police for verification under
subsection (b).
(2) Providing verification and compliance forms as
necessary at each approved registration site.
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(e) Effect of notice.--Failure to send or receive notice of
information under this section shall not relieve the child abuse
offender from the requirements of this subchapter.
(f) Natural disaster or evacuation event.--The occurrence of
a natural disaster or other event requiring evacuation of
residences shall not relieve the child abuse offender of the
duty to register or any other duty imposed by this subchapter.
(g) Group-based homes.--
(1) A group-based home may not provide concurrent
residence in the group-based home to more than five child
abuse offenders at the same time.
(2) A group-based home that violates paragraph (1) shall
be subject to a civil penalty in the amount of $2,500 for a
first violation and in the amount of $5,000 for a second or
subsequent violation.
(3) The Pennsylvania State Police or local law
enforcement agency of a jurisdiction shall investigate
compliance with this subsection, and the Attorney General or
district attorney may commence a civil action in the court of
common pleas of the county in which a group-based home is
located to impose and collect from the group-based home the
penalty under paragraph (2).
(4) As used in this subsection, the term "group-based
home" shall have the same meaning as under 61 Pa.C.S. §
5007(c) (relating to certain offenders residing in group-
based homes).
§ 9799.92. Victim notification.
(a) Duty to inform victim.--
(1) After an individual is determined to be a child
abuse offender, a municipal police department or the
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Pennsylvania State Police, if no municipal police
jurisdiction exists, shall give written notice to the victim
and the victim's parent or guardian when the child abuse
offender registers initially under section 9799.86 (relating
to initial registration) or under section 9799.83 (relating
to period of registration). The notice shall be given within
72 hours after the child abuse offender registers or notifies
the Pennsylvania State Police of current information under
section 9799.83(f). The notice shall contain:
(i) The child abuse offender's name.
(ii) The residence of the child abuse offender. This
subparagraph includes whether the child abuse offender is
a transient, in which case the notice shall contain
information about the transient's temporary habitat or
other temporary place of abode or dwelling, including a
homeless shelter or park. In addition, the notice shall
contain a list of places the transient eats, frequents
and engages in leisure activities.
(iii) When applicable, the child abuse offender's
address of:
(A) Employment.
(B) Institution where enrolled as a student.
(2) A victim may terminate the duty to inform under this
subsection by providing the local municipal police department
or the Pennsylvania State Police, if no local municipal
police department exists, with a written statement releasing
that agency from the duty to comply with this section as it
pertains to that victim.
(b) Electronic notification option.--The Pennsylvania State
Police shall develop and implement a system that allows a victim
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and the victim's parent or guardian to receive electronic
notifications when a child abuse offender provides current
information to the Pennsylvania State Police.
(c) Alternate means of notifying victims.--
(1) The Pennsylvania State Police may enter into a
memorandum of understanding with the Office of Victim
Advocate to assist the Pennsylvania State Police in notifying
victims and providing the information required under this
section. If the Pennsylvania State Police enter into a
memorandum, the memorandum of understanding must state the
manner and method of notifying victims and the duties of the
Pennsylvania State Police and the Office of Victim Advocate.
A memorandum of understanding entered into under this
subsection shall be valid for no more than 10 years. There
shall be no limit to the number of memoranda of understanding
which may be executed by the Pennsylvania State Police and
the Office of Victim Advocate under this subsection.
(2) As used in this subsection, the term "Office of
Victim Advocate" shall mean the office established under
section 301 of the act of November 24, 1998 (P.L.882,
No.111), known as the Crime Victims Act.
§ 9799.93. Publicly accessible Internet website.
(a) Information to be made available.--The Pennsylvania
State Police shall, in the manner and form directed by the
Governor:
(1) Develop and maintain a system for making information
about child abuse offenders who are subject to public
registration requirements under section 9799.83 (relating to
period of registration) publicly available by electronic
means via a publicly accessible Internet website. In order to
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fulfill the duties under this section, the Pennsylvania State
Police shall ensure that the website:
(i) Contains a feature to permit a member of the
public to obtain relevant information for a child abuse
offender by a query of the website based on search
criteria, including searches for any given zip code or
geographic radius set by the user.
(ii) Contains a feature to allow a member of the
public to receive electronic notification when a child
abuse offender provides information under section
9799.83(f)(2), (3) or (4). This feature shall also allow
a member of the public to receive electronic notification
when the child abuse offender moves into or out of a
geographic area chosen by the user.
(iii) Is updated within three business days with the
required information.
(2) Include on the website:
(i) Instructions on how to seek correction of
information that an individual contends is erroneous.
(ii) A warning that the information on the publicly
accessible Internet website should not be used to
unlawfully injure, harass or commit a crime against a
child abuse offender and that any such action could
result in criminal or civil penalties.
(3) Include an explanation of the website's limitations,
including statements advising that:
(i) A positive identification of a child abuse
offender may be confirmed only by fingerprints or DNA
analysis.
(ii) Some information contained on the website may
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be outdated or inaccurate.
(iii) The website is not a comprehensive listing of
every person who has ever committed a child-abuse-related
offense in this Commonwealth.
(4) Strive to ensure that the information contained on
the website is accurate and that the data is revised and
updated as required under paragraph (1)(iii).
(5) Provide general information designed to inform and
educate the public about child abuse offenders and the
operation of this subchapter as well as pertinent and
appropriate information concerning crime prevention and
personal safety, with appropriate links to other relevant
publicly accessible Internet websites operated by this
Commonwealth.
(b) Required information.--Notwithstanding 18 Pa.C.S. Ch. 91
(relating to criminal history record information), the website
developed under subsection (a) shall contain the following
information regarding a child abuse offender:
(1) Name and aliases.
(2) Year of birth.
(3) Street address, municipality, county, state and zip
code of residences and intended residences. In the case of a
child abuse offender who is a transient, the website shall
contain information about the transient's temporary habitat
or other temporary place of abode or dwelling, including a
homeless shelter or park. In addition, the website shall
contain a list of places the transient eats, frequents and
engages in leisure activities.
(4) Street address, municipality, county, state and zip
code of any location at which a child abuse offender is
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enrolled as a student, if applicable.
(5) Street address, municipality, county, state and zip
code of a fixed location where a child abuse offender is
employed. If a child abuse offender is not employed at a
fixed address, the information shall include general areas of
work.
(6) Current facial photograph of a child abuse offender.
The website shall, if available, show the last eight facial
photographs taken of a child abuse offender and the date each
photograph was entered into the registry.
(7) Physical description of a child abuse offender.
(8) License plate number and a description of a vehicle
owned or operated by a child abuse offender.
(9) Offenses that subject a child abuse offender to
registration requirements under this subchapter.
(10) A statement whether a child abuse offender is in
compliance with registration requirements under this
subchapter.
(11) A statement regarding the age of the victim.
(12) Date on which the child abuse offender is made
active within the registry and date when the child abuse
offender most recently updated registration information.
(13) Indication as to whether the child abuse offender
is a sexually violent predator, sexually violent delinquent
child or convicted of a Tier I, Tier II or Tier III sexual
offense under Ch. 97 Subch. H (relating to registration of
sexual offenders).
(14) If applicable, indication that a child abuse
offender is incarcerated, committed or a transient.
(c) Prohibited information.--The publicly accessible
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Internet website shall not contain:
(1) The identity of any victim.
(2) The Social Security number of a child abuse
offender.
(3) Any information relating to arrests of a child abuse
offender that did not result in conviction.
(4) Travel and immigration document numbers.
(d) Duration of posting.--The information listed in
subsection (b) shall be made available on the publicly
accessible Internet website unless a child abuse offender is
deceased or is no longer required to register under this
subchapter.
§ 9799.94. Administration.
The Governor shall direct the Pennsylvania State Police, the
board, the Department of Corrections, the Department of
Transportation and any other agency of the Commonwealth that the
Governor deems necessary to collaboratively design, develop and
implement an integrated and secure system of communication,
storage and retrieval of information to assure the timely,
accurate and efficient administration of this subchapter.
§ 9799.95. Global positioning system technology.
The Pennsylvania Parole Board, the Department of Corrections,
the agents of the Department of Corrections and county probation
authorities may impose supervision conditions that include
tracking through global positioning system technology.
§ 9799.96. Immunity for good faith conduct.
The following entities, entities' agents and employees shall
be immune from liability for good faith conduct under this
subchapter:
(1) The Pennsylvania State Police and local law
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enforcement agencies.
(2) District attorneys.
(3) Superintendents, administrators, teachers, employees
and volunteers engaged in the supervision of children of any
public, private or parochial school.
(4) Directors and employees of county children and youth
agencies.
(5) Presidents or similar officers of universities and
colleges, including community colleges.
(6) The Pennsylvania Parole Board.
(7) County probation and parole offices.
(8) Licensees of certified day-care centers and
directors of licensed preschool programs and owners and
operators of registered family day-care homes.
(9) The Department of Corrections.
(10) County correctional facilities.
(11) Board members.
(12) Juvenile probation offices.
(13) The Department of Human Services.
§ 9799.97. Duties of Pennsylvania State Police.
The Pennsylvania State Police shall have the following
duties:
(1) To create and maintain the Statewide registry of
child abuse offenders in conformity with this subchapter.
(2) In consultation with the Department of Corrections,
the Office of Attorney General, the Administrative Office of
Pennsylvania Courts and the chairperson and minority
chairperson of the Judiciary Committee of the Senate and the
chairperson and minority chairperson of the Judiciary
Committee of the House of Representatives, to promulgate
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regulations necessary for the general administration of this
subchapter. Regulations shall establish procedures to allow a
child abuse offender, including a transient, to fulfill the
requirements at approved registration sites throughout this
Commonwealth. The Pennsylvania State Police shall transmit a
list of approved registration sites to the Legislative
Reference Bureau for publication in the next available issue
of the Pennsylvania Bulletin and provide a list of approved
registration sites in any notice sent to child abuse
offenders. An approved registration site shall be capable of
submitting fingerprints, palm prints, DNA samples and any
other information required electronically to the Pennsylvania
State Police. The Pennsylvania State Police shall require
that approved registration sites submit fingerprints
utilizing the Integrated Automated Fingerprint Identification
System or in another manner and in a form the Pennsylvania
State Police require. Approved registration sites may not be
limited to sites managed by the Pennsylvania State Police and
shall include sites managed by local law enforcement agencies
that meet the criteria for approved registration sites under
this paragraph.
(3) Transfer information under section 9799.85 (relating
to information sharing).
(4) To enforce this subchapter in accordance with
section 9799.89 (relating to enforcement).
(5) To facilitate verification of information from child
abuse offenders as provided in section 9799.91 (relating to
verification by child abuse offenders and Pennsylvania State
Police).
(6) In consultation with the Department of Corrections,
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to promulgate regulations directing State and county
correctional facilities and State and county probation and
parole offices regarding the completion of information,
including the taking of photographs, required under this
subchapter.
(7) To develop the telephonic verification system
established under section 9799.91(b).
§ 9799.98. Duties of Department of Corrections and probation
and parole officials.
(a) Duties.--The Department of Corrections and the county
office of probation and parole shall:
(1) Perform duties on behalf of the Department of
Corrections and the county office of probation and parole in
accordance with section 9799.86 (relating to initial
registration).
(2) On a form prescribed by the Pennsylvania State
Police, notify the Pennsylvania State Police each time a
child abuse offender is arrested, recommitted to a State or
county correctional institution for a parole violation or
incarcerated.
(b) Notification form.--The Department of Corrections shall
create a notification form which provides county prison and
probation and parole personnel with information on the process
of informing child abuse offenders of mandates under this
subchapter.
§ 9799.99. Duties of facilities housing child abuse offenders.
The Department of Corrections, a county correctional facility
and the separate or State-owned facility shall have the
following duties:
(1) To perform duties in accordance with section 9799.86
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(relating to initial registration). This paragraph includes
taking a current photograph of the child abuse offender
before the offender is released from confinement or
commitment or is discharged.
(2) On a form prescribed by the Pennsylvania State
Police, to notify the Pennsylvania State Police each time a
child abuse offender is incarcerated, committed or released,
including supervised release. This paragraph shall include a
community corrections center or community contract facility.
(3) To assist child abuse offenders registering under
this subchapter.
§ 9799.100. Board.
(a) Composition.--The board shall be composed of
psychiatrists, psychologists and criminal justice experts, each
of whom is an expert in the field of the behavior and treatment
of child abuse offenders.
(b) Appointment.--The Parole Board shall appoint members of
the board.
(c) Term of office.--Members of the board shall serve four-
year terms.
(d) Compensation.--The members of the board shall be
compensated at a rate of $350 per assessment and receive
reimbursement for actual and necessary expenses while performing
the business of the board. The chairman shall receive $500
additional compensation annually.
(e) Staff.--The board shall employ an executive director and
other staff as necessary to carry out the board's duties under
this subchapter. The executive director shall direct the
operations, management and administration of the board and
organize and oversee the work of the staff. Legal counsel for
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the board shall be provided in accordance with the act of
October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act. Upon request by the board, the Department of
Corrections shall make available facilities, administrative
support and other assistance to the board.
§ 9799.101. Counseling requirement.
(a) Monthly counseling.--A child abuse offender who is not
incarcerated shall be required to attend at least monthly
counseling sessions in a program approved by the board and be
financially responsible for all fees assessed from the
counseling sessions. The board shall monitor the compliance of
the child abuse offender. If the child abuse offender can prove
to the satisfaction of the court that the child abuse offender
cannot afford to pay for the counseling sessions, the child
abuse offender shall nonetheless attend the counseling sessions
and the parole office shall pay the requisite fees.
(b) Penalty.--A child abuse offender who knowingly fails to
attend counseling sessions as provided in this section shall be
subject to prosecution under 18 Pa.C.S. § 4915.3 (relating to
failure to comply with child abuse offender registration
requirements).
(c) Notification.--A provider of counseling services under
subsection (a) shall notify the district attorney of the county
and the chief law enforcement officer, as defined in section
8951 (relating to definitions), of the municipality in the
county and municipality where the provider is located that the
provider is counseling child abuse offenders. Notifications
under this subsection shall be submitted in writing by January
15 of each year and shall include the address of the provider.
§ 9799.102. Photographs and fingerprinting.
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A child abuse offender shall submit to fingerprinting and
photographing as required by this subchapter. Fingerprinting as
required by this subchapter shall, at a minimum, require
submission of a full set of fingerprints and palm prints.
Photographing as required by this subchapter shall, at a
minimum, require submission to photographs of the face and any
scars, marks, tattoos or other unique features of the
individual. Fingerprints and photographs obtained under this
subchapter may be maintained for use under this subchapter and
for general law enforcement purposes.
Section 3. This act shall take effect in 60 days.
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