2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.18 - Information sharing

§ 9799.18. Information sharing.
(a) General rule.--
The Pennsylvania State Police shall, within three business days, make available information provided by an individual set forth in section 9799.13 (relating to applicability) under sections 9799.15(g) and (i) (relating to period of registration), 9799.16(b) (relating to registry) and 9799.19 (relating to initial registration) to:
(1) A jurisdiction in which the individual is required to register the individual's residence, employment or enrollment as a student.
(2) A jurisdiction in which the individual has terminated the individual's residence, employment or enrollment as a student.
(3) The United States Attorney General, the Department of Justice and the United States Marshals Service for inclusion in the National Sex Offender Registry, NCIC and any other database established by such Federal agencies.
(4) The district attorney of the county in which the individual:
(i) establishes a residence or terminates a residence, or is transient;
(ii) commences employment or terminates employment; or
(iii) enrolls as a student or terminates enrollment as a student.
(5) The chief law enforcement officer of the police department of the municipality in which the individual:
(i) establishes a residence or terminates a residence, or is transient;
(ii) commences employment or terminates employment; or
(iii) enrolls as a student or terminates enrollment as a student.
(6) The county office of probation and parole for the county in which the individual:
(i) establishes a residence or terminates a residence, or is transient;
(ii) commences employment or terminates employment; or
(iii) enrolls as a student or terminates enrollment as a student.
(b) When sexual offender fails to appear.--
When another jurisdiction notifies this Commonwealth that a sexual offender has terminated his residence, employment or enrollment as a student in that jurisdiction and intends to establish a residence in this Commonwealth, commence employment in this Commonwealth or commence enrollment as a student in this Commonwealth and that sexual offender fails to appear in this Commonwealth to register, the Pennsylvania State Police shall notify the other jurisdiction that the sexual offender failed to appear.
(c) International residence.--
The Pennsylvania State Police shall, within three business days, transfer information that a sexual offender intends to establish residence in another country to:
(1) A jurisdiction in which the sexual offender is required to register residence, employment or enrollment as a student.
(2) The United States Marshals Service.
(3) The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.
(d) International travel.--
The Pennsylvania State Police shall, within three business days, transfer information about international travel provided by the sexual offender under section 9799.15(i) to:
(1) A jurisdiction in which the sexual offender is required to register the sexual offender's residence, as a transient, employment or enrollment as a student.
(2) The United States Marshals Service.
(3) The Department of Justice for inclusion in the National Sex Offender Registry and NCIC.
(e) National Child Protection Act agencies.--
The Pennsylvania State Police shall, within three business days, transfer such criminal history record information about a sexual offender in the registry necessary to enable an agency responsible for conducting employment-related background checks under section 3 of the National Child Protection Act of 1993 (Public Law 103-209, 42 U.S.C. 5119a) to conduct the background checks.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012)
2021 Unconstitutionality.
Section 9799.18 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality.
Section 9799.18 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2012
Amendment
.
Act 91 amended subsecs. (a) intro. par., (4), (5) and (6) and (d)(1).
2011 Amendment.
Act 111 added section 9799.18.
Cross References. Section 9799.18 is referred to in section 9799.32 of this title.