Pennsylvania 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.

Bill Text

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