§ 9799.41. Expiration.
The following provisions shall expire December 20, 2012:
Section 9718.3 (relating to sentence for failure to comply with registration of sexual
offenders).
Section 9791 (relating to legislative findings and declaration of policy).
Section 9792 (relating to definitions).
Section 9795.1 (relating to registration).
Section 9795.2 (relating to registration procedures and applicability).
Section 9795.3 (relating to sentencing court information).
Section 9795.4 (relating to assessments).
Section 9795.5 (relating to exemption from certain notifications).
Section 9796 (relating to verification of residence).
Section 9797 (relating to victim notification).
Section 9798 (relating to other notification).
Section 9798.1 (relating to information made available on the Internet and electronic
notification).
Section 9798.2 (relating to administration).
Section 9798.3 (relating to global positioning system technology).
Section 9799 (relating to immunity for good faith conduct).
Section 9799.1 (relating to duties of Pennsylvania State Police).
Section 9799.2 (relating to duties of Pennsylvania Board of Probation and Parole).
Section 9799.3 (relating to board).
Section 9799.4 (relating to counseling of sexually violent predators).
Section 9799.7 (relating to exemption from notification for certain licensees and
their employees).
Section 9799.8 (relating to annual performance audit).
Section 9799.9 (relating to photographs and fingerprinting).
(Dec. 20, 2011, P.L.446, No.111, eff. imd.; July 5, 2012, P.L.880, No.91, eff. imd.)
2021 Unconstitutionality. Section 9799.41 was declared unconstitutional as applied by the Pennsylvania Supreme
Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.41 was declared unconstitutional as applied by the Pennsylvania Superior
Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
Notes of Decisions
Kerak v. Pennsylvania Bd. of Prob. & Parole, 153 A.3d 1134 (Pa. Commw. Ct. 2016).
· cites it 2× “1(a)(1) (expired December 20, 2012, pursuant to 42 Pa. C.S. § 9799.41). RCJ-4 op. at 6. These petitioners entered into plea agreements based on the understanding that they would be required to register as sexual offenders for no more than 10 years.”
Coppolino v. Noonan, 102 A.3d 1254 (Pa. Commw. Ct. 2014).
· cites it 2× “41 of Megan’s Law IV, 42 Pa.C.S. § 9799.41, as well as other amendments to Megan’s Law.”
Dougherty v. Pa. State Police of Pa., 138 A.3d 152 (Pa. Commw. Ct. 2016).
“1 (expired December 20, 2012, pursuant to 42 Pa.C.S. § 9799.41 ), which required the PSP to post the following information on the internet: [The sexual offender's] (i) [n]ame and any aliases; (ii) year of birth; (iii) the street address, city, county and zip code of all…”
Commonwealth v. Fernandez, 195 A.3d 299 (Pa. Super. Ct. 2018).
“Unless and until the Pennsylvania State Police attempt to again reclassify Appellants, this time under Act 29, and this new reclassification is challenged, this issue is not before the Court. Majority Opinion at 310 (footnote omitted).”
Konyk v. Pennsylvania State Police of the Commonwealth, 133 A.3d 96 (Pa. Commw. Ct. 2016).
· cites it 3× “1(a)(3) (expired December 20, 2012, pursuant to 42 Pa. C.S. § 9799.41) (stating that a ten year registration requirement applies to “[i]ndividuals currently residing in this Commonwealth who have been convicted of offenses similar to,” inter alia, “18 Pa.”
T.L. Jackson v. Com. of PA, 143 A.3d 468 (Pa. Commw. Ct. 2016).
“More importantly, the PSP's assertion is in direct contravention of the Stipulation of Facts and a letter that it sent to Jackson regarding his registration requirement, stating that he only had to register for ten years.”
A.S. v. Pennsylvania State Police, 87 A.3d 914 (Pa. Commw. Ct. 2014).
“However, whether A.S. was a ten-year registrant will depend on this Court’s interpretation of the now-expired Section 9795.”
Commonwealth, Aplt. v. Farabaugh, R., 128 A.3d 1191 (Pa. 2015).
“1(a)(1) (expired December 20, 2012, per 42 Pa.C.S. § 9799.41). The December 20, 2012 expiration date for such provision was imposed by Megan’s Law IV, also known as the Sex Offender Registration and Notification Act, see Act of Dec.”
K. Dodgson v. PSP (Pa. Commw. Ct. 2016).
· cites it 2× “5(a)(1) (expired December 20, 2012, pursuant to 42 Pa. C.S. § 9799.41), provided certain sexual offenders with (Continued…) 2 Review ¶¶ 11-12, 16-20.”
A.W. McElyea v. PSP (Pa. Commw. Ct. 2016).
· cites it 2× “5(a)(1) (expired December 20, 2012, pursuant to 42 Pa. C.S. § 9799.41), provided certain sexual offenders with the right to petition sentencing courts to exempt them from the internet notification provision of (Continued…) 2 being listed on the PSP’s public website.”
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