HB 849 — 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
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in falsification and intimidation, providing for
 4      the offense of failure to comply with child abuse offender
 5      registration requirements; in sentencing, providing for
 6      registration of child abuse offenders; and imposing
 7      penalties.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.      Title 18 of the Pennsylvania Consolidated
11   Statutes is amended by adding a section to read:
12   § 4915.3.      Failure to comply with child abuse offender
13                  registration requirements.
14      (a)   Offense defined.--A child abuse offender commits an
15   offense if the child abuse offender knowingly fails to:
16            (1)    register with the Pennsylvania State Police as
17      required under 42 Pa.C.S. § 9799.83 (relating to period of
18      registration), 9799.86 (relating to initial registration) or
19      9799.91 (relating to verification by child abuse offenders
20      and Pennsylvania State Police);
 1            (2)   verify the child abuse offender's address or be
 2      photographed as required under 42 Pa.C.S. § 9799.83 or
 3      9799.91;
 4            (3)   provide accurate information when registering under
 5      42 Pa.C.S. §§ 9799.83, 9799.86 and 9799.91; or
 6            (4)   fails to comply with 42 Pa.C.S. § 9799.101 (relating
 7      to counseling requirement).
 8      (b)   Grading.--
 9            (1)   Except as provided in paragraph (2), a child abuse
10      offender commits a felony of the second degree if the
11      individual violates subsection (a).
12            (2)   An individual commits a felony of the first degree
13      if the individual violates subsection (a) and has been
14      previously convicted of an offense under subsection (a).
15      (c)   Effect of notice.--The failure on the part of the
16   Pennsylvania State Police to send or failure of a child abuse
17   offender to receive any notice or information under 42 Pa.C.S. §
18   9799.91 may not be a defense to a prosecution commenced against
19   an individual arising from a violation of this section. The
20   provisions of 42 Pa.C.S. § 9799.91 are not an element of an
21   offense under this section.
22      (d)   Arrests for violation.--
23            (1)   A police officer shall have the same right of arrest
24      without a warrant as in a felony whenever the police officer
25      has probable cause to believe an individual has committed a
26      violation of this section regardless of whether the violation
27      occurred in the presence of the police officer.
28            (2)   An individual arrested for a violation of this
29      section shall be afforded a preliminary arraignment by the
30      proper issuing authority without unnecessary delay. In no

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 1      case may the individual be released from custody without
 2      first having appeared before the issuing authority.
 3            (3)   Prior to admitting an individual arrested for a
 4      violation of this section to bail, the issuing authority
 5      shall require all of the following:
 6                  (i)    The individual must be fingerprinted and
 7            photographed in the manner required by 42 Pa.C.S. Ch. 97
 8            Subch. J (relating to registration of child abuse
 9            offenders).
10                  (ii)    The individual must provide the Pennsylvania
11            State Police with all current or intended residences, all
12            information concerning current or intended employment,
13            including all employment locations, and all information
14            concerning current or intended enrollment as a student.
15            This subparagraph includes an individual who is a
16            transient, in which case the individual must, in addition
17            to other information required under this subparagraph,
18            provide the information under 42 Pa.C.S. § 9799.84(b)(6)
19            (relating to registry).
20                  (iii)    Law enforcement must make reasonable attempts
21            to verify the information provided by the individual.
22      (e)   Definitions.--As used in this section, the following
23   words and phrases shall have the meanings given to them in this
24   subsection unless the context clearly indicates otherwise:
25      "Child abuse offender."        The term shall have the same meaning
26   as under 42 Pa.C.S. § 9799.80 (relating to definitions).
27      "Transient."        The term shall have the meaning as under 42
28   Pa.C.S. § 9799.80.
29      Section 2.        Chapter 97 of Title 42 is amended by adding a
30   subchapter to read:

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 1                                SUBCHAPTER J
 2                  REGISTRATION OF CHILD ABUSE OFFENDERS
 3   Sec.
 4   9799.80. Definitions.
 5   9799.81. Child abuse risk assessment.
 6   9799.82. Applicability.
 7   9799.83. Period of registration.
 8   9799.84. Registry.
 9   9799.85. Information sharing.
10   9799.86. Initial registration.
11   9799.87. Duty to inform.
12   9799.88. Penalties.
13   9799.89. Enforcement.
14   9799.90. Court notification and classification requirements.
15   9799.91. Verification by child abuse offenders and Pennsylvania
16                State Police.
17   9799.92. Victim notification.
18   9799.93. Publicly accessible Internet website.
19   9799.94. Administration.
20   9799.95. Global positioning system technology.
21   9799.96. Immunity for good faith conduct.
22   9799.97. Duties of Pennsylvania State Police.
23   9799.98. Duties of Department of Corrections and probation and
24                parole officials.
25   9799.99. Duties of facilities housing child abuse offenders.
26   9799.100. Board.
27   9799.101. Counseling requirement.
28   9799.102. Photographs and fingerprinting.
29   § 9799.80.   Definitions.
30      The following words and phrases when used in this subchapter

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 1   shall have the meanings given to them in this section unless the
 2   context clearly indicates otherwise:
 3      "Board."     The Child Abuse Offender Assessment Board.
 4      "Child."     An individual under 18 years old.
 5      "Child abuse offender."     An individual required by a court
 6   order to register in accordance with this subchapter.
 7      "Child abuse personal injury crime."     One of the following
 8   acts, attempt, solicitation or conspiracy to commit an act which
 9   would constitute a misdemeanor or felony if the victim is a
10   child:
11            (1)    18 Pa.C.S. Ch. 25 (relating to criminal homicide).
12            (2)    18 Pa.C.S. Ch. 26 (relating to crimes against unborn
13      child).
14            (3)    18 Pa.C.S. Ch. 27 (relating to assault).
15            (4)    18 Pa.C.S. Ch. 29 (relating to kidnapping).
16            (5)    18 Pa.C.S. Ch. 30 (relating to human trafficking).
17            (6)    18 Pa.C.S. § 4303 (relating to concealing death of
18      child).
19            (7)    18 Pa.C.S. § 4304 (relating to endangering welfare
20      of children).
21            (8)    18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
22      witness intimidation).
23            (9)    18 Pa.C.S. § 6301 (relating to corruption of
24      minors).
25            (10)    18 Pa.C.S. § 6315 (relating to selling or
26      furnishing butane to minors).
27            (11)    18 Pa.C.S. § 6316 (relating to selling or
28      furnishing certain stimulants to minors).
29            (12)    18 Pa.C.S. § 6319 (relating to solicitation of
30      minors to traffic drugs).

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 1      "Convicted."   Includes conviction by entry of plea of guilty
 2   or nolo contendere, conviction after trial or court martial and
 3   a finding of not guilty due to insanity or of guilty but
 4   mentally ill.
 5      "Deadly weapon."   The term shall have the meaning as under 18
 6   Pa.C.S. § 2301 (relating to definitions).
 7      "Employed."    Includes a vocation or employment that is full
 8   time or part time for a period of time exceeding four days
 9   during a seven-day period or for an aggregate period of time
10   exceeding 14 days during any calendar year, whether self-
11   employed, volunteered, financially compensated, pursuant to a
12   contract or for the purpose of governmental or educational
13   benefit.
14      "Mental abnormality."    A congenital or acquired condition of
15   an individual that affects the emotional or volitional capacity
16   of the individual in a manner that predisposes that individual
17   to the commission of criminal violent acts to a degree that
18   makes the individual a menace to the health and safety of other
19   persons.
20      "NCIC."   The National Crime Information Center.
21      "Registry."    The Statewide Registry of Child Abuse Offenders
22   established under this subchapter.
23      "Student."    An individual who is enrolled in or attends a
24   public or private educational institution within this
25   Commonwealth on a full-time or part-time basis, including a
26   secondary school, trade or professional institution or
27   institution of higher education. The term does not include an
28   individual enrolled in an educational institution exclusively
29   through the Internet or via correspondence courses.
30      "Temporary lodging."    The specific location, including street

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 1   address, where a child abuse offender is staying when away from
 2   the child abuse offender's residence for seven or more days.
 3      "Transient."       A child abuse offender who does not have a
 4   residence but nevertheless resides in this Commonwealth in a
 5   temporary habitat or other temporary place of abode or dwelling,
 6   including a homeless shelter or park.
 7   § 9799.81.     Child abuse risk assessment.
 8      (a)   Order for assessment.--Except as provided in subsection
 9   (h) and section 9799.83(b) (relating to period of registration),
10   after petition by the prosecuting district attorney or when the
11   court otherwise deems it necessary, a court shall order an
12   individual convicted of a child abuse personal injury crime to
13   be assessed by the board following conviction but before
14   sentencing. The order for an assessment shall be sent to the
15   executive director of the board within 10 days of:
16            (1)   the date of conviction of the child abuse personal
17      injury crime; or
18            (2)   receipt of the request for an assessment under
19      subsection (h).
20      (b)   Assessment.--Upon receipt from the court of an order for
21   an assessment under subsection (a), a member of the board as
22   designated by the executive director of the board shall conduct
23   an assessment of the individual to determine if the individual
24   should be classified as a child abuse offender. The board shall
25   establish standards for evaluations and for evaluators
26   conducting an assessment. An assessment shall include an
27   examination of the following:
28            (1)   Facts of the current offense, including:
29                  (i)    Whether the offense involved multiple victims.
30                  (ii)   Whether the individual exceeded the means

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 1        necessary to achieve the offense.
 2              (iii)    Whether the individual used a deadly weapon
 3        during the commission of the offense.
 4              (iv)    Evidence of torture, extreme cruelty or
 5        sadistic behavior.
 6              (v)    The extent and nature of the physical harm
 7        inflicted on the victim.
 8              (vi)    Relationship of the individual to the victim.
 9              (vii)    Age of the victim.
10              (viii)    Whether the offense included a display of
11        unusual cruelty by the individual during the commission
12        of the crime.
13              (ix)    The mental capacity of the victim.
14              (x)    Whether the offense involved planning,
15        preparation or premeditation.
16        (2)   Prior history of conduct or behavior related to
17    child abuse, including:
18              (i)    The individual's prior criminal record.
19              (ii)    Whether the individual previously completed
20        sentences for other offenses.
21              (iii)    Whether the individual participated in
22        available programs required by the court of the
23        Department of Corrections.
24              (iv)    Whether the individual exhibited patterns of
25        conduct or behavior that included child abuse.
26              (v)    Prior assessments conducted by the board.
27              (vi)    Whether the individual was previously subject
28        to child abuse offender registration requirements.
29        (3)   Characteristics of the individual, including:
30              (i)    Age.

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 1                  (ii)    Use of illegal drugs.
 2                  (iii)    Mental illness, mental disability or mental
 3            abnormality.
 4                  (iv)    Behavioral characteristics that contribute to
 5            the individual's conduct.
 6            (4)   Factors that are supported in a child abuse
 7      assessment field as criteria reasonably related to the risk
 8      of re-offense.
 9      (c)   Release of information.--All State, county and local
10   agencies, offices and entities in this Commonwealth shall
11   cooperate by providing copies of records and information as
12   requested by the board in connection with the court-ordered
13   assessment and the assessment requested by the Pennsylvania
14   Parole Board.
15      (d)   Submission of report.--The board shall have 90 days from
16   the date of conviction of the individual being assessed to
17   submit a written report containing the assessment to the
18   district attorney.
19      (e)   Summary of offense.--The board shall prepare a
20   description of the offense or offenses that trigger the
21   application of this subchapter and include:
22            (1)   A concise narrative of the individual's conduct.
23            (2)   The age of the victim and the individual's
24      relationship to the victim.
25            (3)   Any physical, mental or emotional injury of the
26      victim.
27            (4)   The use of a weapon or physical force used or
28      threatened, if any.
29            (5)   If the offense was part of a course or pattern of
30      conduct involving multiple incidents or victims.

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 1          (6)   Previous instances in which the individual was
 2    determined guilty of a child abuse personal injury crime.
 3    (f)   Hearing and determination.--
 4          (1)   After praecipe filed by a district attorney, a
 5    hearing to determine whether the individual is a child abuse
 6    offender and whether the individual shall be subject to
 7    public registration requirements under this subchapter shall
 8    be scheduled. The district attorney, after the filing of a
 9    praecipe, shall serve a copy of the praecipe and the report
10    of the board under this section to defense counsel.
11          (2)   The individual and district attorney shall be given
12    notice of the hearing and an opportunity to be heard, the
13    right to call witnesses, the right to call expert witnesses
14    and the right to cross-examine witnesses. The convicted
15    individual shall have the right to counsel and to have an
16    attorney appointed to represent the individual if the
17    convicted individual cannot afford one. If the convicted
18    individual requests an expert assessment, the convicted
19    individual shall provide a copy of the expert assessment to
20    the district attorney prior to the hearing.
21          (3)   At the hearing prior to sentencing, the court shall
22    determine whether the Commonwealth has proved by clear and
23    convincing evidence that the convicted individual is a child
24    abuse offender.
25          (4)   If the Commonwealth proves by clear and convincing
26    evidence that the convicted individual is a child abuse
27    offender, the court shall order the convicted individual to
28    register as a child abuse offender in accordance with section
29    9799.83.
30          (5)   A copy of the order containing the determination of

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 1      the court shall be immediately submitted to the convicted
 2      individual, the district attorney, the Pennsylvania Parole
 3      Board, the Department of Corrections, the board and the
 4      Pennsylvania State Police.
 5      (g)   Presentence investigation.--If the board has performed
 6   an assessment under this section, copies of the assessment
 7   report shall be provided to the agency preparing the presentence
 8   investigation.
 9      (h)   Parole assessment.--The Department of Corrections or
10   Pennsylvania Parole Board may request that the board conduct an
11   assessment of a child abuse offender and that an assessment
12   report be provided to the Pennsylvania Parole Board prior to
13   consideration for parole.
14   § 9799.82.     Applicability.
15      The following individuals shall register with the
16   Pennsylvania State Police as provided in sections 9799.83
17   (relating to period of registration), 9799.86 (relating to
18   initial registration) and 9799.91 (relating to verification by
19   child abuse offenders and Pennsylvania State Police) and
20   otherwise comply with this subchapter:
21            (1)   A child abuse offender who has a residence within
22      this Commonwealth or is a transient.
23            (2)   A child abuse offender who is convicted in this
24      Commonwealth and who does not have a residence in this
25      Commonwealth and:
26                  (i)    is employed in this Commonwealth; or
27                  (ii)    is a student in this Commonwealth.
28            (3)   A child abuse offender who is an inmate in a State
29      or county correctional institution of this Commonwealth,
30      including a community corrections center or a community

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 1      contract facility, is being supervised by the Department of
 2      Corrections or county probation or parole, is subject to a
 3      sentence of intermediate punishment or restrictive conditions
 4      of probation or has supervision transferred pursuant to the
 5      Interstate Compact for Adult Supervision.
 6            (4)   A child abuse offender who is an inmate in a Federal
 7      correctional institution or is supervised by Federal
 8      probation authorities and who:
 9                  (i)    has a residence within this Commonwealth or is a
10            transient;
11                  (ii)    is employed within this Commonwealth; or
12                  (iii)    is a student within this Commonwealth.
13   § 9799.83.     Period of registration.
14      (a)   Requirement.--
15            (1)   Subject to subsection (d), a child abuse offender
16      shall register with the Pennsylvania State Police for a
17      period not less than 12 months nor more than 25 years, as
18      determined by the court following a hearing under section
19      9799.81(f) (relating to child abuse risk assessment).
20            (2)   In determining the registration period to be imposed
21      and whether the child abuse offender shall appear on the
22      publicly accessible Internet website maintained by the
23      Pennsylvania State Police in accordance with section 9799.93
24      (relating to publicly accessible Internet website), the court
25      shall consider, at a minimum:
26                  (i)    The factors under section 9799.81(b).
27                  (ii)    The board's assessment submitted under section
28            9799.81(d).
29                  (iii)    The child abuse offender's presentence
30            investigation report.

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 1                  (iv)   Evidence or information presented by the child
 2            abuse offender.
 3      (b)   Assessment by court after 15 years.--A child abuse
 4   offender may be exempt from the requirement to register, the
 5   requirement to verify residence, employment and enrollment in an
 6   educational institution, the requirement to appear on the
 7   publicly accessible Internet website maintained by the
 8   Pennsylvania State Police and all other requirements of this
 9   subchapter if subject to subsection (d), at least 15 years have
10   elapsed prior to filing a petition with the sentencing court to
11   be exempt from the requirements of this subchapter, during which
12   time the petitioner has not been convicted in this Commonwealth
13   or any other jurisdiction or foreign country of an offense
14   punishable by imprisonment of more than one year, or the
15   petitioner's release from custody following the petitioner's
16   most recent conviction for an offense, whichever is later. The
17   following apply:
18            (1)   After receipt of a petition filed under this
19      subsection, the sentencing court shall enter an order
20      directing that the petitioner be assessed by the board. After
21      receipt from the court of an order for an assessment under
22      this paragraph, a member of the board designated by the
23      administrative officer of the board shall conduct an
24      assessment of the petitioner to determine if the relief
25      sought, if granted, is likely to pose a threat to the safety
26      of any child. The board shall establish standards for
27      evaluations and for evaluators conducting assessments.
28            (2)   The order for an assessment under this subsection
29      shall be sent to the administrative officer of the board
30      within 10 days of the entry. No later than 90 days following

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 1    receipt of the order, the board shall submit a written report
 2    containing the board's assessment to the sentencing court,
 3    the district attorney and the attorney for the petitioner.
 4        (3)   Within 120 days of filing the petition under this
 5    subsection, the sentencing court shall hold a hearing to
 6    determine whether to exempt the petitioner from the
 7    application of any or all of the requirements of this
 8    subchapter. The petitioner and the district attorney shall be
 9    given notice of the hearing and an opportunity to be heard,
10    the right to call witnesses and the right to cross-examine
11    witnesses. The petitioner shall have the right to counsel and
12    to have a lawyer appointed to represent the petitioner if the
13    petitioner cannot afford one.
14        (4)   The sentencing court shall exempt the petitioner
15    from application of any or all of the requirements of this
16    subchapter, at the discretion of the court, only upon a
17    finding of clear and convincing evidence that exempting the
18    child abuse offender from a particular requirement or all of
19    the requirements of this subchapter is not likely to pose a
20    threat to the safety of any child.
21        (5)   A court granting relief under this subsection shall
22    notify the Pennsylvania State Police in writing within 10
23    days from the date the relief is granted. If a memorandum of
24    understanding has been entered into under section 9799.92
25    (relating to victim notification) with respect to relief
26    granted to the petitioner, the Pennsylvania State Police
27    shall transmit the information about the relief to the Office
28    of Victim Advocate as soon as is practicable. The Office of
29    Victim Advocate shall notify the victim of the relief, in
30    accordance with the memorandum of understanding, as described

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 1    in section 9799.92.
 2          (6)   The petitioner and the Commonwealth shall have the
 3    right to appellate review of the actions of the sentencing
 4    court under this subsection. An appeal by the Commonwealth
 5    shall stay the order of the sentencing court.
 6          (7)   The petitioner may file an additional petition with
 7    the sentencing court no sooner than five years from the date
 8    of the final determination of a court regarding the petition.
 9          (8)   If the petitioner is exempt from any provisions of
10    this subchapter and the petitioner is subsequently convicted
11    under 18 Pa.C.S. § 4915.3 (relating to failure to comply with
12    child abuse offender registration requirements), relief
13    granted under this subsection shall be void and the
14    petitioner shall automatically and immediately again be
15    subject to the provisions of this subchapter, as previously
16    determined by this subchapter.
17    (c)   Commencement of registration.--
18          (1)   The period of registration ordered by the court in
19    subsection (a) shall commence upon:
20                (i)    release from incarceration in a State or county
21          correctional facility, including release to a community
22          correction center or community contract facility;
23                (ii)    parole or a sentence of probation; or
24                (iii)    a sentence of State or county intermediate
25          punishment in which the person is not sentenced to a
26          period of incarceration.
27          (2)   Notwithstanding paragraph (1), a child abuse
28    offender shall initially register with the Pennsylvania State
29    Police as required under section 9799.86 (relating to initial
30    registration).

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 1      (d)   Period of registration tolled.--
 2            (1)   The period of registration under subsection (a)
 3      shall be tolled for the period of time in which the child
 4      abuse offender is:
 5                  (i)    incarcerated in a Federal, State or county
 6            correctional institution, excluding a community contract
 7            facility or community corrections center;
 8                  (ii)    subject to a sentence of intermediate
 9            punishment which is restrictive and where the individual
10            is sentenced to a period of incarceration;
11                  (iii)    committed to an institution or facility under
12            section 6352(a)(3) (relating to disposition of delinquent
13            child) that provides the individual with 24-hour-per-day
14            supervision and care; or
15                  (iv)    incarcerated in a Federal correctional
16            institution, excluding a community contract facility or
17            community corrections center.
18            (2)   This subsection shall apply to a child abuse
19      offender who is recommitted to a Federal, State or county
20      correctional institution for a parole violation or who has
21      been sentenced to an additional term of imprisonment. In
22      addition, this subsection shall apply to an individual
23      committed to or recommitted to a Federal correctional
24      institution. In the case of recommitment to a State or county
25      correctional institution, the Department of Corrections or
26      the county correctional facility shall notify the
27      Pennsylvania State Police of the admission of the individual.
28      (e)   Periodic in-person appearance required.--A child abuse
29   offender shall appear in person at an approved registration site
30   to provide or verify the information under section 9799.84(b)

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 1   (relating to registry) and to be photographed annually.
 2      (f)   In-person appearance to update information.--In addition
 3   to the periodic in-person appearance required in subsections (e)
 4   and (g), a child abuse offender shall appear in person at an
 5   approved registration site within three business days to provide
 6   current information relating to:
 7            (1)   A change in name, including an alias.
 8            (2)   A commencement of residence, change in residence,
 9      termination of residence or failure to maintain a residence,
10      therefore making the individual a transient.
11            (3)   Commencement of employment, a change in the location
12      or entity in which the individual is employed or a
13      termination of employment.
14            (4)   Initial enrollment as a student, a change in
15      enrollment as a student or termination as a student.
16            (5)   An addition or change in telephone number, including
17      a cell phone number, or a termination of telephone number,
18      including a cell phone number.
19            (6)   An addition, a change in and termination of a motor
20      vehicle owned or operated, including watercraft or aircraft.
21      In order to fulfill the requirements of this paragraph, the
22      individual must provide any license plate numbers and
23      registration numbers and other identifiers and an addition to
24      or change in the address of the place the vehicle is stored.
25            (7)   A commencement of temporary lodging, a change in
26      temporary lodging or a termination of temporary lodging. In
27      order to fulfill the requirements of this paragraph, the
28      individual must provide the specific length of time and the
29      dates during which the individual will be temporarily lodged.
30            (8)   An addition, change in or termination of email

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 1      address, instant message address or any other designations
 2      used in Internet communications or postings.
 3            (9)   An addition, change in or termination of information
 4      related to occupational and professional licensing, including
 5      type of license held and license number.
 6      (g)   Transients.--If the child abuse offender is a transient,
 7   the child abuse offender shall appear in person at an approved
 8   registration site to provide or to verify the information and to
 9   be photographed monthly. The duty to appear in person monthly
10   and to be photographed shall apply until a transient establishes
11   a residence. In the event a transient establishes a residence,
12   the requirement of periodic in-person appearances under
13   subsection (e) shall apply.
14      (h)   International travel.--In addition to the periodic in-
15   person appearance required in subsection (e), a child abuse
16   offender shall appear in person at an approved registration site
17   no less than 21 days in advance of traveling outside of the
18   United States and provide the following information:
19            (1)   Dates of travel, including date of return to the
20      United States.
21            (2)   All destinations.
22            (3)   Temporary lodging.
23      (i)   In-person reporting by incarcerated or committed
24   individuals.--The requirements of subsections (e), (f) and (g)
25   shall not apply where the child abuse offender is:
26            (1)   incarcerated in a correctional institution,
27      excluding a community contract facility or community
28      corrections center;
29            (2)   subject to a sentence of intermediate punishment
30      which is restrictive and where the individual is sentenced to

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 1      a period of incarceration;
 2            (3)   committed to an institution or facility under
 3      section 6352(a)(3) which provides the individual with 24-
 4      hour-per-day supervision and care; or
 5            (4)   committed to and receiving involuntary inpatient
 6      treatment in the State-owned facility or unit under Chapter
 7      64 (relating to court-ordered involuntary treatment of
 8      certain sexually violent persons).
 9   § 9799.84.     Registry.
10      (a)   Establishment.--The Statewide registry of child abuse
11   offenders is established in accordance with this subchapter. The
12   Pennsylvania State Police shall create and maintain the
13   registry. The registry shall be:
14            (1)   Composed of an electronic database and digitized
15      records.
16            (2)   Able to communicate with child abuse offender
17      registries established in other jurisdictions.
18      (b)   Information provided by child abuse offender.--A child
19   abuse offender shall provide the following information to the
20   Pennsylvania State Police which shall be included in the
21   registry:
22            (1)   Primary or given name, including an alias used by
23      the individual, nickname, pseudonym, ethnic or tribal name,
24      regardless of the context used and any designations or
25      monikers used for self-identification in Internet
26      communications or postings.
27            (2)   Designation used by the individual for purposes of
28      routing or self-identification in Internet communications or
29      postings.
30            (3)   Telephone number, including cell phone number, and

20250HB0849PN0879                    - 19 -
 1    any other designation used by the individual for purposes of
 2    routing or self-identification in telephonic communications.
 3        (4)   Valid Social Security number issued to the
 4    individual by the Federal Government and purported Social
 5    Security number.
 6        (5)   Address of each residence or intended residence,
 7    whether or not the residence or intended residence is located
 8    within this Commonwealth and the location at which the
 9    individual receives mail, including a post office box. If the
10    individual fails to maintain a residence and is therefore a
11    transient, the individual shall provide information for the
12    registry as required under paragraph (6).
13        (6)   If the individual is a transient, the individual
14    shall provide information about the transient's temporary
15    habitat or other temporary place of abode or dwelling,
16    including a homeless shelter or park. In addition, the
17    transient shall provide a list of places the transient eats,
18    frequents and engages in leisure activities and any planned
19    destinations, including those outside this Commonwealth. If
20    the transient changes or adds to the places listed under this
21    paragraph during a monthly period, the transient shall list
22    these changes or additions when registering as a transient
23    during the next monthly period. In addition, the transient
24    shall provide the place the transient receives mail,
25    including a post office box. The duty to provide the
26    information under this paragraph shall apply until the
27    transient establishes a residence. In the event a transient
28    establishes a residence, the requirements of section 9799.83
29    (relating to period of registration) shall apply.
30        (7)   Temporary lodging. In order to fulfill the

20250HB0849PN0879                - 20 -
 1    requirements of this paragraph, the individual must provide
 2    the specific length of time and the dates during which the
 3    individual will be temporarily lodged.
 4        (8)    A passport and documents establishing immigration
 5    status, which shall be copied in a digitized format for
 6    inclusion in the registry.
 7        (9)    Name and address where the individual is employed or
 8    will be employed. In order to fulfill the requirements of
 9    this paragraph, if the individual is not employed in a fixed
10    workplace, the individual shall provide information regarding
11    general travel routes and general areas where the individual
12    works.
13        (10)   Information relating to occupational and
14    professional licensing, including type of license held and
15    the license number.
16        (11)   Name and address where the individual is a student
17    or will be a student.
18        (12)   Information relating to motor vehicles owned or
19    operated by the individual, including watercraft and
20    aircraft. In order to fulfill the requirements of this
21    paragraph, the individual shall provide a description of each
22    motor vehicle, watercraft or aircraft. The individual shall
23    provide a license plate number, registration number or other
24    identification number and the address of the place where a
25    vehicle is stored. In addition, the individual shall provide
26    the individual's license to operate a motor vehicle or other
27    identification card issued by the Commonwealth, another
28    jurisdiction or a foreign country so that the Pennsylvania
29    State Police can fulfill its responsibilities under
30    subsection (c)(7).

20250HB0849PN0879                  - 21 -
 1            (13)    Actual date of birth and purported date of birth.
 2            (14)    Form signed by the individual acknowledging the
 3      individual's obligations under this subchapter provided in
 4      accordance with section 9799.90 (relating to court
 5      notification and classification requirements).
 6      (c)   Criminal justice information.--The Pennsylvania State
 7   Police shall ensure that the following information is included
 8   in or electronically accessible by the registry:
 9            (1)    Physical description of the individual, including a
10      general physical description and tattoos, scars and other
11      identifying marks.
12            (2)    Text of the statute defining the criminal offense
13      for which the individual is registered.
14            (3)    Criminal history record information of the
15      individual, including:
16                   (i)    Dates of arrests and convictions.
17                   (ii)    Status of probation, parole or supervised
18            release.
19                   (iii)    Whether the individual is in compliance with
20            this subchapter or has absconded.
21                   (iv)    Existence of any outstanding warrants.
22            (4)    Current photograph of the individual. In order to
23      fulfill the requirements of this paragraph, in addition to
24      the requirement of photographs under this subchapter, the
25      Pennsylvania State Police shall ensure that additional
26      photographs are taken as needed when there is a significant
27      change in appearance of the individual, including the taking
28      of a current photograph before the individual is released
29      from a State or county correctional institution or an
30      institution or facility under section 6352(a)(3) (relating to

20250HB0849PN0879                        - 22 -
 1      disposition of delinquent child).
 2            (5)   Set of fingerprints and palm prints of the
 3      individual. In order to fulfill the requirements of this
 4      paragraph, the palm prints shall be taken for the purpose of
 5      submission to the Federal Bureau of Investigation Central
 6      Database. The palm prints shall be submitted for entry into
 7      the database.
 8            (6)   DNA sample of the individual. In order to fulfill
 9      the requirements of this paragraph, the sample shall be taken
10      for the purpose of analysis and entry into the Combined DNA
11      Index System. In addition, the sample shall be analyzed and
12      submitted for entry into the Combined DNA Index System.
13            (7)   Photocopy of valid driver's license or
14      identification card issued to the individual by the
15      Commonwealth, another jurisdiction or a foreign country.
16      (d)   Cooperation.--There shall be cooperation between the
17   Pennsylvania State Police, State and county correctional
18   institutions, the Pennsylvania Parole Board, the county office
19   of probation and parole, any court with jurisdiction over a
20   child abuse offender, the chief juvenile probation officer of
21   the court, juvenile probation and parole, the board and the
22   Department of Human Services to ensure that the information
23   under subsections (b) and (c) is provided and placed in the
24   registry.
25   § 9799.85.     Information sharing.
26      (a)   Duty of Pennsylvania State Police.--The Pennsylvania
27   State Police shall, within three business days, make available
28   information provided by an individual under sections 9799.83
29   (relating to period of registration), 9799.84 (relating to
30   registry) and 9799.86 (relating to initial registration) to:

20250HB0849PN0879                    - 23 -
 1        (1)   A jurisdiction in which the individual is required
 2    to register the individual's residence, employment or
 3    enrollment as a student.
 4        (2)   A jurisdiction in which the individual has
 5    terminated the individual's residence, employment or
 6    enrollment as a student.
 7        (3)   The district attorney of the county in which the
 8    individual:
 9              (i)    establishes a residence, terminates a residence
10        or is transient;
11              (ii)    commences employment or terminates employment;
12        or
13              (iii)   enrolls as a student or terminates enrollment
14        as a student.
15        (4)   The chief law enforcement officer of the police
16    department of the municipality in which the individual:
17              (i)    establishes a residence, terminates a residence
18        or is transient;
19              (ii)    commences employment or terminates employment;
20        or
21              (iii)   enrolls as a student or terminates enrollment
22        as a student.
23        (5)   The county office of probation and parole for the
24    county in which the individual:
25              (i)    establishes a residence, terminates a residence
26        or is transient;
27              (ii)    commences employment or terminates employment;
28        or
29              (iii)   enrolls as a student or terminates enrollment
30        as a student.

20250HB0849PN0879                   - 24 -
 1      (b)   International residence.--The Pennsylvania State Police
 2   shall, within three business days, transfer information that a
 3   child abuse offender intends to establish residence in another
 4   country to:
 5            (1)   A jurisdiction in which the child abuse offender is
 6      required to register residence, employment or enrollment as a
 7      student.
 8            (2)   The United States Marshals Service.
 9            (3)   The Department of Justice for inclusion in NCIC.
10      (c)   International travel.--The Pennsylvania State Police
11   shall, within three business days, transfer information about
12   international travel provided by the child abuse offender under
13   section 9799.83(h) to:
14            (1)   A jurisdiction in which the child abuse offender is
15      required to register the child abuse offender's residence, as
16      a transient, employment or enrollment as a student.
17            (2)   The United States Marshals Service.
18            (3)   The Department of Justice for inclusion in NCIC.
19      (d)   National Child Protection Act agencies.--The
20   Pennsylvania State Police shall, within three business days,
21   transfer criminal history record information about a child abuse
22   offender in the registry necessary to enable an agency
23   responsible for conducting employment-related background checks
24   under 34 U.S.C. § 40102 (relating to background checks).
25   § 9799.86.     Initial registration.
26      (a)   Requirement.--A child abuse offender shall initially
27   register with the Pennsylvania State Police as required under
28   this section.
29      (b)   Supervision of individual convicted in Commonwealth who
30   does not intend to reside in Commonwealth.--A child abuse

20250HB0849PN0879                    - 25 -
 1   offender who seeks transfer of supervision to another
 2   jurisdiction pursuant to the Interstate Compact for Adult
 3   Offender Supervision shall not have supervision transferred to
 4   another jurisdiction prior to the child abuse offender's
 5   registration with the Pennsylvania State Police as required
 6   under this section.
 7      (c)   Registration if incarcerated within Commonwealth.--The
 8   following apply to incarcerated child abuse offenders:
 9            (1)   If the child abuse offender is incarcerated in a
10      Federal, State or county correctional facility, the child
11      abuse offender shall provide the information specified in
12      section 9799.84(b) (relating to registry) to the appropriate
13      official of the Federal, State or county correctional
14      facility or the Department of Corrections for inclusion in
15      the registry before being released due to:
16                  (i)    the expiration of sentence, in which case the
17            information shall be collected no later than 10 days
18            prior to the maximum expiration date;
19                  (ii)    parole;
20                  (iii)    State or county intermediate punishment where
21            the sentence is restrictive and the individual is
22            sentenced to a period of incarceration in a State or
23            county correctional facility or a work release facility;
24            or
25                  (iv)    special probation supervised by the Department
26            of Corrections.
27            (2)   For a child abuse offender described in paragraph
28      (1), the appropriate official of the Federal, State or county
29      correctional facility or the Department of Corrections shall
30      collect and forward the information specified in section

20250HB0849PN0879                       - 26 -
 1      9799.84(b) to the Pennsylvania State Police. The appropriate
 2      official shall, in addition, ensure that the information
 3      specified in section 9799.84(c) is collected and forwarded to
 4      the Pennsylvania State Police. The information specified in
 5      section 9799.84(b) and (c) shall be included in the registry.
 6      With respect to child abuse offenders released under
 7      paragraph (1)(ii), (iii) or (iv), the State or county
 8      correctional facility shall not release the child abuse
 9      offender until the State or county correctional facility
10      receives verification from the Pennsylvania State Police that
11      the Pennsylvania State Police has received the information
12      specified in section 9799.84(b) and (c). Verification may
13      take place by electronic means. With respect to child abuse
14      offenders released under paragraph (1)(i), if the child abuse
15      offender refuses to provide the information specified in
16      section 9799.84(b), the State or county correctional facility
17      shall notify the Pennsylvania State Police or the municipal
18      police department with jurisdiction over the facility of the
19      failure to provide the information and of the expected date,
20      time and location of the release of the child abuse offender.
21      (d)   Registration if sentenced to a State or county
22   correctional facility.--If the child offender is sentenced to a
23   period of incarceration in a State or county correctional
24   facility, the child abuse offender shall provide the information
25   specified in section 9799.84(b) as follows:
26            (1)   At the time of sentencing, the court shall require
27      the child abuse offender to immediately report to the office
28      of probation and parole serving that county to register under
29      this subchapter. The appropriate office of probation and
30      parole shall collect the information specified in section

20250HB0849PN0879                    - 27 -
 1    9799.84(b) from the individual and forward the information to
 2    the Pennsylvania State Police. The appropriate office of
 3    probation and parole shall, in addition, ensure the
 4    information specified in section 9799.84(c) is collected and
 5    forwarded to the Pennsylvania State Police. The information
 6    specified in section 9799.84(b) and (c) shall be included in
 7    the registry.
 8        (2)   If the child abuse offender is incarcerated in a
 9    State or county correctional facility, the correctional
10    facility shall notify the Pennsylvania State Police not more
11    than 30 days in advance of, but not later than 10 days prior
12    to, the child abuse offender's release from the correctional
13    facility according to the following:
14              (i)    The correctional facility shall ensure that the
15        information specified in section 9799.84(b) and (c) for
16        the child abuse offender has been submitted to the
17        Pennsylvania State Police.
18              (ii)    If the information has not been submitted to
19        the Pennsylvania State Police, the correctional facility
20        shall collect the information specified in section
21        9799.84(b) from the child abuse offender and forward the
22        information to the Pennsylvania State Police.
23              (iii)    The correctional facility shall also report
24        any changes to the information specified in section
25        9799.84(b) and (c) on file with the Pennsylvania State
26        Police.
27              (iv)    In the case of parole, State intermediate
28        punishment, State drug treatment programs or restrictive
29        conditions of probation where the sentence is restrictive
30        and the child abuse offender is sentenced to a period of

20250HB0849PN0879                   - 28 -
 1            incarceration in a State or county correctional facility
 2            or work release facility or special probation supervised
 3            by the Department of Corrections, the correctional
 4            facility may not release the child abuse offender until
 5            the correctional facility receives verification from the
 6            Pennsylvania State Police that the Pennsylvania State
 7            Police has received the information specified in section
 8            9799.84(b) and (c). Verification by the Pennsylvania
 9            State Police may occur by electronic means.
10                (v)   If the child abuse offender is scheduled to be
11            released from a State or county correctional facility due
12            to the expiration of sentence and the child abuse
13            offender refuses to provide the information specified in
14            section 9799.84(b), the State or county correctional
15            facility shall notify the Pennsylvania State Police or
16            the municipal police department with jurisdiction over
17            the facility of the failure to provide the information
18            and of the expected date, time and location of the
19            release of the child abuse offender.
20      (e)   Registration if sentenced to county intermediate
21   punishment.--If the child abuse offender is sentenced to county
22   intermediate punishment which is restorative where the child
23   abuse offender is not sentenced to incarceration or to a work
24   release facility, the child abuse offender shall provide the
25   information specified in section 9799.84(b) by appearing at an
26   approved registration site within 48 hours of being sentenced.
27   The appropriate official of the county office of probation and
28   parole shall ensure that the child abuse offender has appeared
29   at an approved registration site as described in this
30   subsection. If the individual fails to appear, the appropriate

20250HB0849PN0879                    - 29 -
 1   official of the county office of probation and parole shall
 2   notify the Pennsylvania State Police. The Pennsylvania State
 3   Police shall ensure the information specified in section
 4   9799.84(c) with respect to the child abuse offender is collected
 5   and entered in the registry.
 6      (f)   Registration if sentenced to county intermediate
 7   punishment.--If the child abuse offender is sentenced to county
 8   intermediate punishment, the following apply:
 9            (1)   If the child abuse offender is sentenced to county
10      intermediate punishment which is restorative, the child abuse
11      offender shall provide the information specified in section
12      9799.84(b) by appearing at an approved registration site
13      within 48 hours of being sentenced. The appropriate official
14      of the county office of probation and parole shall ensure
15      that the child abuse offender has appeared at an approved
16      registration site as specified in this paragraph. If the
17      child abuse offender fails to appear, the appropriate
18      official of the county office of probation and parole shall
19      notify the Pennsylvania State Police. The Pennsylvania State
20      Police shall ensure the information specified in section
21      9799.84(c) with respect to the child abuse offender is
22      collected and entered in the registry.
23            (2)   If the child abuse offender is sentenced to county
24      intermediate punishment which is restrictive where the child
25      abuse offender is not sentenced to incarceration or to a work
26      release facility, the child abuse offender shall provide the
27      information specified in section 9799.84(b) by appearing at
28      an approved registration site within 48 hours of being
29      sentenced. The appropriate official of the county office of
30      probation and parole shall ensure that the child abuse

20250HB0849PN0879                    - 30 -
 1      offender has appeared at an approved registration site as
 2      described in this paragraph. If the child abuse offender
 3      fails to appear, the appropriate official of the county
 4      office of probation and parole shall notify the Pennsylvania
 5      State Police. The Pennsylvania State Police shall ensure the
 6      information specified in section 9799.84(c) with respect to
 7      the child abuse offender is collected and entered in the
 8      registry.
 9      (g)   Registration if sentenced to county probation.--If the
10   child abuse offender is sentenced to county probation, the child
11   abuse offender shall provide the information specified in
12   section 9799.84(b) by appearing at an approved registration site
13   within 48 hours of being sentenced. The appropriate official of
14   the county office of probation and parole shall ensure that the
15   child abuse offender has appeared at an approved registration
16   site as described in this subsection. If the child abuse
17   offender fails to appear, the appropriate official of the county
18   office of probation and parole shall notify the Pennsylvania
19   State Police. The Pennsylvania State Police shall ensure the
20   information specified in section 9799.84(c) with respect to the
21   child abuse offender is collected and entered in the registry.
22      (h)   Registration for county probationers.--If the child
23   abuse offender is serving a sentence of county probation, the
24   appropriate office of probation and parole serving the county
25   shall register the child abuse offender within 48 hours. The
26   appropriate official of that office shall collect the
27   information specified in section 9799.84(b) and forward that
28   information to the Pennsylvania State Police. The Pennsylvania
29   State Police shall ensure that the information specified in
30   section 9799.84(c) is collected. The information specified in

20250HB0849PN0879                  - 31 -
 1   section 9799.84(b) and (c) shall be included in the registry. If
 2   the child abuse offender fails to comply, the appropriate
 3   official of that office shall notify the Pennsylvania State
 4   Police.
 5      (i)    Registration for State or county parolees.--
 6             (1)   If the child abuse offender is serving a sentence of
 7      county parole, the appropriate office of probation and parole
 8      serving the county shall register the child abuse offender
 9      within 48 hours. The appropriate official of that office
10      shall collect the information specified in section 9799.84(b)
11      and forward that information to the Pennsylvania State
12      Police. The Pennsylvania State Police shall ensure that the
13      information specified in section 9799.84(c) is collected. The
14      information specified in section 9799.84(b) and (c) shall be
15      included in the registry. If the child abuse offender fails
16      to comply, the appropriate official of that office shall
17      notify the Pennsylvania State Police.
18             (2)   If the child abuse offender is serving a sentence of
19      State parole, the Department of Corrections shall register
20      the child abuse offender within 48 hours. The appropriate
21      official of the Department of Corrections shall collect the
22      information specified in section 9799.84(b) from the child
23      abuse offender and forward the information to the
24      Pennsylvania State Police. The Pennsylvania State Police
25      shall ensure that the information specified in section
26      9799.84(c) is collected. The information specified in section
27      9799.84(b) and (c) shall be included in the registry. If the
28      child abuse offender fails to comply, the appropriate
29      official of the Department of Corrections shall notify the
30      Pennsylvania State Police.

20250HB0849PN0879                     - 32 -
 1   § 9799.87.     Duty to inform.
 2      In order to implement section 9799.86 (relating to initial
 3   registration), as appropriate, the Pennsylvania State Police,
 4   the court having jurisdiction over the child abuse offender, the
 5   chief juvenile probation officer of the court and the
 6   appropriate official of the Department of Corrections, county
 7   office of probation and parole, the board, the Department of
 8   Human Services or a State or county correctional institution
 9   shall:
10            (1)   Inform the child abuse offender of the child abuse
11      offender's duties under this subchapter.
12            (2)   Require the child abuse offender to read and sign a
13      form stating that the duty to register has been explained and
14      that the child abuse offender understands the registration
15      requirement.
16            (3)   Collect the information required under section
17      9799.84 (b) and (c) (relating to registry) and forward the
18      information to the Pennsylvania State Police for inclusion in
19      the registry under this subchapter.
20   § 9799.88.     Penalties.
21      (a)   Fails to register.--A child abuse offender shall be
22   subject to prosecution under 18 Pa.C.S. § 4915.3 (relating to
23   failure to comply with child abuse offender registration
24   requirements) if the child abuse offe

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