2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.23 - Court notification and classification requirements

§ 9799.23. Court notification and classification requirements.
(a) Notice to sexual offenders.--
At the time of sentencing, of disposition under section 6352 (relating to disposition of delinquent child) in the case of a juvenile offender, of adjudication of delinquency under section 6341 (relating to adjudication) in the case of a juvenile offender if the individual was adjudicated delinquent in any county other than the individual's county of residence and section 9799.19(h)(1)(i)(B) (relating to initial registration) applies, or of commitment under section 6403 (relating to court-ordered involuntary treatment) in the case of a sexually violent delinquent child, the court shall inform the sexual offender of the provisions of this subchapter. The court shall:
(1) Specifically inform the sexual offender of the duty to register under this subchapter.
(2) Specifically inform the sexual offender of:
(i) the duty to register in accordance with sections 9799.15 (relating to period of registration), 9799.16(b) (relating to registry), 9799.19 and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police); and
(ii) the duty to attend counseling in accordance with:
(A) section 9799.36 (relating to counseling of sexually violent predators) if applicable; or
(B) section 6404.2(g) (relating to duration of outpatient commitment and review) if applicable.
(3) Specifically inform the sexual offender of the duty to register with authorities in another jurisdiction within three business days of:
(i) Commencement of residence, change of residence, termination of residence or failure to maintain a residence, thus making the sexual offender a transient.
(ii) Commencement of employment, a change in the location or entity in which the sexual offender is employed or termination of employment.
(iii) Commencement of enrollment as a student, a change in enrollment as a student or termination of enrollment as a student.
(4) In accordance with section 9799.16(c), order that the fingerprints, palm prints, DNA sample and photograph of the sexual offender be provided to the Pennsylvania State Police upon sentencing.
(5) Require the sexual offender to read and sign a form stating that the duty to register under this subchapter has been explained. If the sexual offender is incapable of speaking, reading or writing the English language, the court shall certify the duty to register was explained to the sexual offender, and the sexual offender indicated an understanding of the duty.
(6) Specifically classify the individual as one of the following:
(i) An individual convicted of a Tier I offense.
(ii) An individual convicted of a Tier II offense.
(iii) An individual convicted of a Tier III offense.
(iv) A sexually violent predator.
(v) A juvenile offender.
(vi) A sexually violent delinquent child.
(b) Mandatory registration.--
All sexual offenders must register in accordance with this subchapter. The following apply:
(1) Failure by the court to provide the information required in this section, to correctly inform a sexual offender of the sexual offender's obligations or to require a sexual offender to register shall not relieve the sexual offender from the requirements of this subchapter.
(2) Except as provided in sections 9799.15(a.2) and 9799.17 (relating to termination of period of registration for juvenile offenders), the court shall have no authority to relieve a sexual offender from the duty to register under this subchapter or to modify the requirements of this subchapter as they relate to the sexual offender.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Sept. 27, 2014, P.L.2482, No.138, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.)
2021 Unconstitutionality.
Section 9799.23 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality.
Section 9799.23 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2018 Amendments.
Act 10 amended subsec. (b)(2) and Act 29 reenacted subsec. (b)(2). Section 20(1) of Act 10 provided that the amendment of section 9799.23 shall apply to an individual who commits an offense on or after December 20, 2012.
2014
Amendment
.
Act 138 amended subsec. (a).
2011 Amendment.
Act 111 added section 9799.23.
Cross References. Section 9799.23 is referred to in sections 9799.16, 9799.40 of this title.