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42 Pa. Cons. Stat. § 9799.54

 Applicability.

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§ 9799.54.  Applicability.

(a)  Registration.--The following individuals shall register with the Pennsylvania State Police as provided in this subchapter:

(1)  An individual who committed a sexually violent offense within this Commonwealth and whose period of registration with the Pennsylvania State Police, as specified in section 9799.55 (relating to registration), as of February 21, 2018, has not expired. The individual shall register for the period of time under section 9799.55 less any credit for time spent registered with the Pennsylvania State Police prior to February 21, 2018.

(2)  An individual who committed a sexually violent offense within this Commonwealth and who has failed to register with the Pennsylvania State Police. In such a case, the individual shall register for the period of time under section 9799.55.

(3)  An individual who committed a sexually violent offense within this Commonwealth and is an inmate in a State or county correctional facility of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Department of Corrections or county probation or parole, is subject to a sentence of intermediate punishment or has supervision transferred under the Interstate Compact for Adult Supervision in accordance with section 9799.62(e) (relating to other notification). The individual shall register for the period of time under section 9799.55, except that the period required in section 9799.55 shall be tolled for any period of time the individual is recommitted for a parole violation or sentenced to a term of imprisonment.

(4)  An individual who was convicted of an offense similar to an offense set forth in section 9799.55 under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or under a former law of this Commonwealth or who was court martialed for a similar offense and who, as of February 21, 2018, has not completed registration requirements. The period of registration shall be as set forth in section 9799.56(b)(4) (relating to registration procedures and applicability) less any credit for time spent on a sexual offender registry of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or with the Pennsylvania State Police prior to February 21, 2018.

(b)  Initial registration.--Individuals required to register under this section shall have 90 days from February 21, 2018, to initially register with the Pennsylvania State Police. The individual shall appear at an approved registration site to be photographed, fingerprinted and to verify information. The Pennsylvania State Police shall send a notice by first class United States mail to the individual's last reported residence in order to inform the individual of the requirements of this subchapter. The notice shall specifically inform the individual of the duties specified in section 9799.57 (relating to sentencing court information). The notice shall be sent no later than 30 days from February 21, 2018. The notice shall also provide a list of approved registration sites. Neither failure on the part of the Pennsylvania State Police to send nor failure of an individual to receive notice or information under this paragraph shall relieve the individual of the requirements of this subchapter.

(June 12, 2018, P.L.140, No.29, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)

 

2021 Amendment.  Act 59 amended subsec. (a)(3).

2018 Amendment.  Act 29 reenacted and amended section 9799.54. Act 29 overlooked the addition of section 9799.54 by Act 10, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 9799.54.

Cross References.  Section 9799.54 is referred to in sections 9799.55, 9799.56, 9799.67 of this title; section 4915.2 of Title 18 (Crimes and Offenses).

Notes of Decisions
Cited in 13 cases (12 in the last 5 years), 2020–2024 · leading case: Com. v. Crenshaw, E.
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Com. v. Crenshaw, E. (2023) pasuperct · cites it 2× “42 Pa.C.S. § 9799.54(a)(4). In turn, § 55 provides as follows in relevant part: (a) Ten-year registration.”
A. Rivera v. PSP & Com. of PA (2020) pacommwct · cites it 5× “” 42 Pa. C.S. § 9799.54(a)(1). In contrast, Section 9799.”
A. Rivera v. PSP & Com. of PA (2021) pacommwct · cites it 4× “42 Pa.C.S. § 9799.54(a) (emphasis added).”
Com. v. Born, A. (2023) pasuperct · cites it 2× “42 Pa.C.S. § 9799.54(a) (emphasis added).”
Com. v. Tunsil, B. (2021) pasuperct “See 42 Pa.C.S. § 9799.54(a) (“The following individuals shall register .”
M.S. v. PSP, Board of Probation (2022) pacommwct “” Formerly 42 Pa. C.S. §9799.54(a)(4). 4 Pa.R.A.P. 1532(b) provides that “at any time after the filing of a petition for review .”
Com. v. Phillips, D. (2022) pasuperct “See 42 Pa.C.S. § 9799.54(a)(1) (Subchapter I applies to individuals who committed a sexually violent offense and whose registration under § 9799.”
Com. v. Tadlock, M. (2022) pasuperct “See 42 Pa.C.S. § 9799.54. -3- J-A25045-22 The same day the court determined that Appellant met the criteria for classification as an SVP.”
R. R. v. PSP (2023) pacommwct “42 Pa. C.S. §§9799.54(b), 9799.60(a)-(b).”
Com. v. Crenshaw, E. (2023) pasuperct “42 Pa.C.S. § 9799.54(a)(4). Thus, the need for a person with an out-of-state conviction to register depends upon the similarity of the underlying offense to one enumerated in § 55.”
Com. v. Lang, S. Jr. (2023) pasuperct “See 42 Pa.C.S. § 9799.54(a)(1). 8 42 Pa.C.S. §§ 9541-9545.”
Com. v. Clark, J. (2021) pasuperct “As noted by the Commonwealth, Appellant is serving a sentence of imprisonment in a different case, Commonwealth’s Brief at 13, and the record shows that the trial court also previously revoked Appellant’s probation and imposed new sentences of incarceration for his probation…”
Show all 13 citing cases →
— 42 Pa. Cons. Stat. § 9799.54(a) — 4 cases
Com. v. Tunsil, B. (2021) pasuperct “See 42 Pa.C.S. § 9799.54(a) (“The following individuals shall register .”
A. Rivera v. PSP & Com. of PA (2021) pacommwct “42 Pa.C.S. § 9799.54(a) (emphasis added).”
Com. v. Born, A. (2023) pasuperct “42 Pa.C.S. § 9799.54(a) (emphasis added).”
Com. v. Clark, J. (2021) pasuperct “As noted by the Commonwealth, Appellant is serving a sentence of imprisonment in a different case, Commonwealth’s Brief at 13, and the record shows that the trial court also previously revoked Appellant’s probation and imposed new sentences of incarceration for his probation…”
— 42 Pa. Cons. Stat. § 9799.54(a)(1) — 3 cases
A. Rivera v. PSP & Com. of PA (2020) pacommwct “” 42 Pa. C.S. § 9799.54(a)(1). In contrast, Section 9799.”
Com. v. Phillips, D. (2022) pasuperct “See 42 Pa.C.S. § 9799.54(a)(1) (Subchapter I applies to individuals who committed a sexually violent offense and whose registration under § 9799.”
Com. v. Lang, S. Jr. (2023) pasuperct “See 42 Pa.C.S. § 9799.54(a)(1). 8 42 Pa.C.S. §§ 9541-9545.”
— 42 Pa. Cons. Stat. § 9799.54(a)(3) — 1 case
Com. v. Born, A. (2023) pasuperct “42 Pa.C.S. § 9799.54(a) (emphasis added).”
— 42 Pa. Cons. Stat. § 9799.54(a)(4) — 6 cases
Com. v. Crenshaw, E. (2023) pasuperct “42 Pa.C.S. § 9799.54(a)(4). In turn, § 55 provides as follows in relevant part: (a) Ten-year registration.”
A. Rivera v. PSP & Com. of PA (2020) pacommwct “” 42 Pa. C.S. § 9799.54(a)(1). In contrast, Section 9799.”
A. Rivera v. PSP & Com. of PA (2021) pacommwct “42 Pa.C.S. § 9799.54(a) (emphasis added).”
M.S. v. PSP, Board of Probation (2022) pacommwct “” Formerly 42 Pa. C.S. §9799.54(a)(4). 4 Pa.R.A.P. 1532(b) provides that “at any time after the filing of a petition for review .”
Com. v. Crenshaw, E. (2023) pasuperct “42 Pa.C.S. § 9799.54(a)(4). Thus, the need for a person with an out-of-state conviction to register depends upon the similarity of the underlying offense to one enumerated in § 55.”
— 42 Pa. Cons. Stat. § 9799.54(b) — 1 case
R. R. v. PSP (2023) pacommwct “42 Pa. C.S. §§9799.54(b), 9799.60(a)-(b).”
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