42 Pa. Cons. Stat. § 9799.20

Duty to inform.

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§ 9799.20. Duty to inform.

In order to implement the provisions of section 9799.19 (relating to initial registration), as appropriate, the Pennsylvania State Police, the court having jurisdiction over the sexual 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 Department of Human Services or a State or county correctional institution shall:

(1) Inform the individual required to register of the individual's duties under this subchapter.

(2) Require the individual to read and sign a form stating that the duty to register has been explained and that the individual understands the registration requirement.

(3) Collect the information required under section 9799.16(b) and (c) (relating to registry) and forward the information to the Pennsylvania State Police for inclusion in the registry as set forth in this subchapter.

(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; June 30, 2021, P.L.260, No.59, eff. imd.)

2021 Amendment. Act 59 amended the intro. par.

2021 Unconstitutionality. Section 9799.20 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).

2019 Unconstitutionality. Section 9799.20 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).

2011 Amendment. Act 111 added section 9799.20.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 2014–2024 · leading case: Com. v. Peralta, J.

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Com. v. Peralta, J. (2024) pasuperct “42 Pa.C.S. § 9799.20. Section 9799.20 itself does not address any consequences of a failure to inform.”

Commonwealth v. Ritz (2016) pasuperct “Did the trial court err in modifying the length of registration when it is specifically prohibited [from doing so] by 42 Pa. C.S. § 9799.20? 5. Did the trial court err in finding that the Commonwealth of Pennsylvania cannot modify the term of an existing contract as a legitimate…”

A.S. v. Pennsylvania State Police (2014) pacommwct “23 of SORNA, 42 Pa.C.S. §§ 9799.20, 9799.23. . This Court overruled PSP’s preliminary objections to the Petition by memorandum opinion and order filed March 12, 2013.”

Com. v. Peralta, J. (2024) pasuperct “42 Pa.C.S. § 9799.20. Section 9799.20 itself does not address any consequences of a failure to inform.”

J. Corliss v. PSP (2016) pacommwct “20 of the Sentencing Code, 42 Pa. C.S. § 9799.20, setting forth a duty to inform an individual of his obligation to register and requiring him to sign a form that the obligation has been explained to him and that he understands it.”

Com. v. Bunting, S. (2019) pasuperct “A judgment becomes final at the ____________________________________________ 1 Under SORNA, the sentencing judge is to inform the offender that he or she has to register under SORNA.”

Com. v. Wilson, K. (2019) pasuperct “42 Pa.C.S. § 9799.20. Moreover, the court’s failure to do so is irrelevant: “Failure by the court to provide the information .”

Com. v. Lemanski, B. (2019) pasuperct “42 Pa.C.S. § 9799.20. Moreover, the court’s failure to do so is irrelevant: “Failure by the court to provide the information .”

Com. v. Firpi, C. (2019) pasuperct “42 Pa.C.S. § 9799.20. Moreover, the court’s failure to do so is irrelevant: “Failure by the court to provide the information .”

Com. v. Gadson, C. (2019) pasuperct “42 Pa.C.S. § 9799.20. Indeed, a court’s failure to do so does not negate compliance by the sex offender.”

Commonwealth, Aplt. v. Torsilieri, G. (2020) pa “99 2 SORNA limits the trial judge’s role to one of informing the offender of his or her obligations, 42 Pa.C.S. § 9799.20, and nothing in the Sentencing Code authorizes the judge to impose SORNA obligations as part of the criminal sentence.”

Com. v. Jackson, L. (2020) pasuperct “42 Pa.C.S. § 9799.20. Indeed, a court's failure to do so does not negate the sex offender’s duty to comply.”

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