PRINTER'S NO. 3751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2589
Session of
2024
INTRODUCED BY LABS, MARCELL, MAJOR, MIHALEK, TOMLINSON, GREINER,
GUENST, KUZMA, GILLEN AND SCHEUREN, OCTOBER 9, 2024
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 9, 2024
AN ACT
1 Amending Title 44 (Law and Justice) of the Pennsylvania
2 Consolidated Statutes, in Pennsylvania State Police,
3 providing for nonpublic database registry of domestic
4 violence offenders; and imposing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 44 of the Pennsylvania Consolidated
8 Statutes is amended by adding a chapter to read:
9 CHAPTER 25
10 NONPUBLIC DATABASE REGISTRY OF
11 DOMESTIC VIOLENCE OFFENDERS
12 Subchapter
13 A. Preliminary Provisions
14 B. Database Registry
15 SUBCHAPTER A
16 PRELIMINARY PROVISIONS
17 Sec.
18 2501. Scope of chapter.
19 2502. Definitions.
1 § 2501. Scope of chapter.
2 This chapter relates to the nonpublic database registry of
3 domestic violence offenders.
4 § 2502. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Database registry." The Nonpublic Database Registry for
9 Domestic Violence Offenders established under section 2511
10 (relating to establishment).
11 "Family or household members." As defined in 23 Pa.C.S. §
12 6102(a) (relating to definitions).
13 "Law enforcement agency." Any of the following:
14 (1) The Pennsylvania State Police.
15 (2) A police department of a municipality.
16 (3) Any other entity that employs individuals who, by
17 virtue of their office or public employment, are vested by
18 law with a duty to maintain public order or make arrests for
19 offenses, whether the duty extends to all offenses or is
20 limited to specific offenses.
21 (4) The Office of Attorney General.
22 (5) A county district attorney's office.
23 "Municipality." A county, city, borough, incorporated town
24 or township of this Commonwealth.
25 SUBCHAPTER B
26 DATABASE REGISTRY
27 Sec.
28 2511. Establishment.
29 2512. Implementation and administration.
30 2513. Purpose.
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1 2514. Accessibility.
2 2515. Characteristics generally.
3 2516. Registration.
4 2517. In-person reporting.
5 2518. Information.
6 2519. Penalties.
7 § 2511. Establishment.
8 The Nonpublic Database Registry for Domestic Violence
9 Offenders is established to carry out the purposes of this
10 chapter.
11 § 2512. Implementation and administration.
12 The Pennsylvania State Police shall implement and administer
13 the database registry.
14 § 2513. Purpose.
15 The purpose of the database registry shall be to maintain a
16 complete and systematic index of all records regarding domestic
17 violence offenders in this Commonwealth.
18 § 2514. Accessibility.
19 The database registry shall be accessible only by a law
20 enforcement agency and the Office of Victim Advocate.
21 § 2515. Characteristics generally.
22 The database registry shall be:
23 (1) Composed of an electronic database and digitized
24 records.
25 (2) Able to communicate with analogous registries
26 established in other jurisdictions.
27 § 2516. Registration.
28 (a) Who must register.--An individual who has been convicted
29 of or adjudicated delinquent for an offense under any of the
30 following, or an attempt to commit an offense under any of the
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1 following, against family or household members shall register
2 with the Pennsylvania State Police to be included in the
3 database registry:
4 (1) 18 Pa.C.S. § 2502 (relating to murder).
5 (2) 18 Pa.C.S. § 2503 (relating to voluntary
6 manslaughter).
7 (3) 18 Pa.C.S. § 2504 (relating to involuntary
8 manslaughter).
9 (4) 18 Pa.C.S. § 2701 (relating to simple assault), if
10 the offense is graded as a misdemeanor of the second degree
11 or higher.
12 (5) 18 Pa.C.S. § 2702 (relating to aggravated assault).
13 (6) 18 Pa.C.S. § 2705 (relating to recklessly
14 endangering another person).
15 (7) 18 Pa.C.S. § 2706 (relating to terroristic threats).
16 (8) 18 Pa.C.S. § 2709.1 (relating to stalking).
17 (9) 18 Pa.C.S. § 2718 (relating to strangulation).
18 (10) 18 Pa.C.S. § 2901 (relating to kidnapping).
19 (11) 18 Pa.C.S. § 2902 (relating to unlawful restraint).
20 (12) 18 Pa.C.S. § 2903 (relating to false imprisonment).
21 (b) Period of registration.--An individual who is required
22 to register under subsection (a) shall remain registered in the
23 database registry as follows:
24 (1) If an individual registered as a result of murder or
25 voluntary manslaughter, the individual shall remain
26 registered for the life of the individual.
27 (2) If an individual registered as a result of
28 involuntary manslaughter, aggravated assault, strangulation
29 or kidnapping, the individual shall remain registered for a
30 period of 25 years.
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1 (3) If an individual registered as a result of
2 terroristic threats or stalking, the individual shall remain
3 registered for a period of 15 years.
4 (4) If an individual registered as a result of simple
5 assault, recklessly endangering another person, unlawful
6 restraint or false imprisonment, the individual shall remain
7 registered for a period of five years.
8 (c) Commencement of registration.--
9 (1) Subject to paragraph (2), the period of registration
10 under subsection (b) shall commence as follows:
11 (i) For an individual who committed an offense which
12 requires registration in the database registry, the
13 period of registration shall commence upon any of the
14 following:
15 (A) Release from incarceration in a State or
16 county correctional facility, including release to a
17 community correction center or community contract
18 facility.
19 (B) Parole or a sentence of probation.
20 (C) A sentence of State or county intermediate
21 punishment in which the individual is not sentenced
22 to a period of incarceration.
23 (ii) For an individual who is a juvenile offender,
24 the period of registration shall commence upon any of the
25 following:
26 (A) Release from an institution or facility
27 described in 42 Pa.C.S. § 6352(a)(3) (relating to
28 disposition of delinquent child), if the juvenile
29 offender is subject to the jurisdiction of a court
30 pursuant to a disposition entered under 42 Pa.C.S. §
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1 6352 and is under court-ordered placement in an
2 institution or facility described in 42 Pa.C.S. §
3 6352(a)(3).
4 (B) Disposition, if the juvenile offender is
5 subject to the jurisdiction of a court pursuant to a
6 disposition entered under 42 Pa.C.S. § 6352 and is
7 placed on probation or is otherwise subject to
8 jurisdiction of a court pursuant to a disposition
9 under 42 Pa.C.S. § 6352 that did not involve out-of-
10 home placement.
11 (2) The period of registration under paragraph (1) shall
12 be tolled for the period of time in which the individual is
13 any of the following:
14 (i) Incarcerated in a Federal, State or county
15 correctional institution, excluding a community contract
16 facility or community corrections center.
17 (ii) Subject to a sentence of intermediate
18 punishment which is restrictive and the individual is
19 sentenced to a period of incarceration.
20 (iii) Committed to an institution or facility
21 described in 42 Pa.C.S. § 6352(a)(3) that provides the
22 individual with 24-hour-per-day supervision and care.
23 (iv) Incarcerated in a Federal correctional
24 institution, excluding a community contract facility or
25 community corrections center.
26 (3) This subsection shall apply to an individual who is:
27 (i) Recommitted to a Federal, State or county
28 correctional institution for a parole violation or has
29 been sentenced to an additional term of imprisonment.
30 (ii) Committed or recommitted to a Federal
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1 correctional institution.
2 (4) In the case of recommitment to a State or county
3 correctional institution under paragraph (3), the Department
4 of Corrections or the county correctional facility shall
5 notify the Pennsylvania State Police of the admission of the
6 individual.
7 § 2517. In-person reporting.
8 (a) Periodic in-person appearance required.--Except as
9 provided in subsections (b), (c) and (d), an individual who is
10 required to register in accordance with section 2516(a)
11 (relating to registration) shall appear in person at an approved
12 registration site established by the Pennsylvania State Police
13 to provide or verify the information specified in section
14 2518(a) (relating to information) and be photographed. The
15 following apply:
16 (1) If the individual registered as a result of murder
17 or voluntary manslaughter, the individual shall appear on a
18 quarterly basis.
19 (2) If the individual registered as a result of
20 involuntary manslaughter, aggravated assault, strangulation,
21 stalking or terroristic threats, the individual shall appear
22 on a semiannual basis.
23 (3) If the individual registered as a result of simple
24 assault or recklessly endangering another person, the
25 individual shall appear on an annual basis.
26 (b) Transient.--If an individual who is required to register
27 in accordance with section 2516(a) is a transient, the following
28 apply:
29 (1) The individual shall appear in person at an approved
30 registration site established by the Pennsylvania State
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1 Police to provide or verify the information specified in
2 section 2518(a) and be photographed on a monthly basis.
3 (2) The duty to appear in person on a monthly basis and
4 be photographed shall apply until the individual establishes
5 a residence. If the individual establishes a residence, the
6 requirement of periodic in-person appearances under
7 subsection (a) shall apply.
8 (c) Juvenile offender.--If an individual who is required to
9 register in accordance with section 2516(a) is a juvenile
10 offender who is not a transient, the individual shall appear in
11 person at an approved registration site established by the
12 Pennsylvania State Police to provide or verify the information
13 specified in section 2518(a) and be photographed on a quarterly
14 basis.
15 (d) Updating information.--In addition to the periodic in-
16 person appearance required in subsections (a), (b) and (c), an
17 individual who is required to register in accordance with
18 section 2516(a) shall appear in person at an approved
19 registration site established by the Pennsylvania State Police
20 within three business days to provide current information
21 relating to the individual's:
22 (1) Change in name, including an alias.
23 (2) Commencement of residence, change in residence,
24 termination of residence or failure to maintain a residence,
25 in which case the individual shall be deemed a transient.
26 (3) Commencement of employment, change in the location
27 or entity in which the individual is employed or termination
28 of employment.
29 (4) Initial enrollment as a student, change in
30 enrollment as a student or termination as a student.
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1 (5) Additional or change in telephone number, including
2 a cell phone number, or termination of telephone number,
3 including a cell phone number.
4 (6) Additional, change in or termination of a motor
5 vehicle, watercraft or aircraft owned or operated by the
6 individual. The individual must provide:
7 (i) The license plate number, registration number or
8 other identifier of the motor vehicle, watercraft or
9 aircraft.
10 (ii) Any addition to or change in the address of the
11 place where the motor vehicle, watercraft or aircraft is
12 stored.
13 (7) Commencement of temporary lodging, change in
14 temporary lodging or termination of temporary lodging. The
15 individual must provide the specific length of time and the
16 dates during which the individual will be temporarily lodged.
17 (8) Additional, change in or termination of email
18 address, instant message address or other designation used in
19 Internet communications or postings.
20 (9) Additional, change in or termination of information
21 related to occupational and professional licensing, including
22 type of license held and license number.
23 (e) Notice of change.--If an individual who is required to
24 register in accordance with section 2516(a) makes a change to
25 the information specified under subsection (d), the Pennsylvania
26 State Police shall notify the Office of Victim Advocate of the
27 change. Upon notification, the Office of Victim Advocate shall
28 immediately inform any victim of the individual's offense of the
29 change.
30 (f) Incarcerated or committed individuals.--The requirements
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1 of subsections (a), (b), (c) and (d) shall not apply to an
2 individual who is required to register in accordance with
3 section 2516(a) and who is:
4 (1) incarcerated in a correctional institution,
5 excluding a community contract facility or community
6 corrections center;
7 (2) subject to a sentence of intermediate punishment
8 which is restrictive and the individual is sentenced to a
9 period of incarceration; or
10 (3) committed to an institution or facility specified in
11 42 Pa.C.S. § 6352(a)(3) (relating to disposition of
12 delinquent child), which provides the individual with 24-
13 hour-per-day supervision and care.
14 § 2518. Information.
15 (a) Provided by domestic violence offender.--An individual
16 who is required to register in accordance with section 2516(a)
17 (relating to registration) shall provide the following
18 information for inclusion in the database registry:
19 (1) The primary or given name of the individual,
20 including an alias, nickname, pseudonym or ethnic or tribal
21 name, regardless of the context used, and any designation or
22 moniker used by the individual for self-identification in
23 Internet communications or postings.
24 (2) Any designation used by the individual for purposes
25 of routing or self-identification in Internet communications
26 or postings.
27 (3) The telephone number, including cell phone number,
28 and any other designation used by the individual for purposes
29 of routing or self-identification in telephonic
30 communications.
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1 (4) The valid Social Security number issued to the
2 individual by the Federal Government and purported Social
3 Security number.
4 (5) The address of each residence or intended residence
5 of the individual, whether or not the residence or intended
6 residence is located within this Commonwealth, and the
7 location at which the individual receives mail, including a
8 post office box. If the individual fails to maintain a
9 residence and is therefore a transient, the individual shall
10 provide information for the registry as specified in
11 paragraph (6).
12 (6) If the individual is a transient, the following
13 apply:
14 (i) The individual shall provide the following
15 information:
16 (A) Information about the individual's temporary
17