Thursday, April 19, 2012

PA - THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 1378


Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 4307. Residency restrictions for certain offenders.
(a) General rule.--No person who is subject to registration
under 42 Pa.C.S. § 9795.1 (relating to registration) due to
conviction for an offense wherein the victim was a minor shall
establish a residence, maintain a residence or other living
accommodation within 1,000 feet of the real property on which is
located any public, private or parochial school, licensed
preschool program, certified day-care center, registered family
day-care home, public playground recreation center or
playground. No such person shall establish a residence, maintain
a residence or other living accommodation within 500 feet of any

point at which transportation is provided to students of any
public, private or parochial school except that provided by a
fixed-route public transportation service as defined in 74
Pa.C.S. § 1503 (relating to definitions). Further, no such
person who is subject to any order of parole, probation or
supervision may be placed by any governmental authority in any
residential setting that does not comply with the provisions of
this section.
(b) Applicability.--Nothing in this section shall require
any person subject to the provisions of this section or 42
Pa.C.S. § 9795.1 to sell or otherwise dispose of any real
estate, home or other real property or to cancel any lease of
real property that was acquired or entered prior to the
effective date of this section. Further, the provision of this
section shall not prohibit such a person from maintaining a
residence at a location as provided in this subsection. In order
for a person to comply with the exemption provided in this
subsection, the person is required to provide evidence of such
to the court wherein sentencing occurred and to the Pennsylvania
State Police at the time of registration under 42 Pa.C.S. §
9795.1 and verification under 42 Pa.C.S. § 9796 (relating to
verification of residence):
(1) For real property, a copy of a deed, security
interest or mortgage to which the person is a signatory.
(2) For purposes of a leasehold, a copy of the
applicable lease agreement to which the person is a
signatory.
(c) Exceptions.--This section shall not apply to any person
who resides in any of the following on a temporary or permanent
basis:

(1) A hospital licensed by the Commonwealth of
Pennsylvania.
(2) A nursing home or similar entity licensed by the
Commonwealth of Pennsylvania.
(3) Except as provided in subsection (a), any place
where the person is incarcerated due to a criminal charge or
conviction.
(4) Any location where a person is voluntarily or
involuntarily committed for treatment under the act of Jul y
9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act.
(5) A temporary lodging for consideration for a term
that is less than 15 consecutive days.
(d) Notice.--Any person subject to this section who lives
within 1,000 feet of the real property of any entity provided in
subsection (a) by operation of subsection (b) or (c) shall be
subject to the notification provisions under 42 Pa.C.S. § 9798
(relating to other notification).
(e) Board of school directors.--Each year, for the…


Read more on the link:
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2011&sessInd=0&billBody=S&billTyp=B&billNbr=1378&pn=1888


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1 comment:

  1. mouseApril 23, 2012 at 2:52 PM

    I have a comment on pennsylvanias witch hunt that is caused by Jessicas Law, A close friend of mine was sentenced to 25-50 years at the age of 52, a life sentence, in monroe county Pa for a MISDEMEANOR 1!!! He was convicted of indecent assault, forcible compulsion, NO rape, no violence, no weapon. It was a 22 year old woman, NOT A CHILD, convicted because he allegedly grabbed her breast and asked for oral sex, it was outside, in front of her house, she walked away allegedly crying and went inside and called the authorities. This qualifies as a Magans law offense, he was convicted of a previous megans law offense 20 years ago,in another state,also involving a woman, a scorned ex girlfriend that said she was sexually assaulted just as Megans law was becoming law. Jessicas law was meant to protect children, now under the guise of Jessicas law, ANYBODY that is convicted of 2 megans law offenses in your lifetime regardless of if it was an adult or child gets the mandatory minimum sentence of 25-50 years, how crazy is that?? In my 50 years on this earth, I probably could have had MANY men put away under the same circumstances. This makes no sense to take a man that is a business man, family man, friend to many who did nothing more than a speeding ticket in 20 years and put him away, essentially for the rest of his life. FOR A MISDEMEANOR!!!!!

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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
* * * *
“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.

But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?

All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
* * * *
What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
* * * *
“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”