9798.1 - Information made available on the Internet.

     § 9798.1.  Information made available on the Internet.        (a)  Legislative findings.--It is hereby declared to be the     finding of the General Assembly that public safety will be     enhanced by making information about sexually violent predators,     lifetime registrants and other sex offenders available to the     public through the Internet. Knowledge of whether a person is a     sexually violent predator, lifetime registrant or other sex     offender could be a significant factor in protecting oneself and     one's family members, or those in care of a group or community     organization, from recidivist acts by sexually violent     predators, lifetime registrants and other sex offenders. The     technology afforded by the Internet would make this information     readily accessible to parents and private entities, enabling     them to undertake appropriate remedial precautions to prevent or     avoid placing potential victims at risk. Public access to     information about sexually violent predators, lifetime     registrants and other sex offenders is intended solely as a     means of public protection and shall not be construed as     punitive.        (b)  Internet posting of sexually violent predators, lifetime     registrants and other offenders.--The Commissioner of the     Pennsylvania State Police shall, in the manner and form directed     by the Governor:            (1)  Develop and maintain a system for making the        information described in subsection (c) publicly available by        electronic means so that the public may, without limitation,        obtain access to the information via an Internet website to        view an individual record or the records of all sexually        violent predators, lifetime registrants and other offenders        who are registered with the Pennsylvania State Police.            (2)  Ensure that the Internet website contains warnings        that any person who uses the information contained therein to        threaten, intimidate or harass another or who otherwise        misuses that information may be criminally prosecuted.            (3)  Ensure that the Internet website contains an        explanation of its limitations, including statements advising        that a positive identification of a sexually violent        predator, lifetime registrant or other offender whose record        has been made available may be confirmed only by        fingerprints; that some information contained on the Internet        website may be outdated or inaccurate; and that the Internet        website is not a comprehensive listing of every person who        has ever committed a sex offense in Pennsylvania.            (4)  Strive to ensure that:                (i)  the information contained on the Internet            website is accurate;                (ii)  the data therein is revised and updated as            appropriate in a timely and efficient manner; and                (iii)  instructions are included on how to seek            correction of information which a person contends is            erroneous.            (5)  Provide on the Internet website general information        designed to inform and educate the public about sex offenders        and sexually violent predators and the operation of this        subchapter as well as pertinent and appropriate information        concerning crime prevention and personal safety, with        appropriate links to other relevant Internet websites        operated by the Commonwealth of Pennsylvania.            (6)  Identify when the victim is a minor with a special        designation. The identity of a victim of a sex offense shall        not be published or posted on the Internet website.        (c)  Information permitted to be disclosed regarding     individuals.--Notwithstanding 18 Pa.C.S. Ch. 91 (relating to     criminal history record information), the Internet website shall     contain the following information on each individual:            (1)  For sexually violent predators, the following        information shall be posted on the Internet website:                (i)  name and all known aliases;                (ii)  year of birth;                (iii)  the street address, municipality, county and            zip code of all residences, including, where applicable,            the name of the prison or other place of confinement;                (iv)  the street address, municipality, county, zip            code and name of any institution or location at which the            person is enrolled as a student;                (v)  the municipality, county and zip code of any            employment location;                (vi)  a photograph of the offender, which shall be            updated not less than annually;                (vii)  a physical description of the offender,            including sex, height, weight, eye color, hair color and            race;                (viii)  any identifying marks, including scars,            birthmarks and tattoos;                (ix)  the license plate number and description of any            vehicle owned or registered to the offender;                (x)  whether the offender is currently compliant with            registration requirements;                (xi)  whether the victim is a minor;                (xii)  a description of the offense or offenses which            triggered the application of this subchapter; and                (xiii)  the date of the offense and conviction, if            available.            (2)  For all other lifetime registrants and offenders        subject to registration, the information set forth in        paragraph (1) shall be posted on the Internet website.        (d)  Duration of Internet posting.--            (1)  The information listed in subsection (c) about a        sexually violent predator shall be made available on the        Internet for the lifetime of the sexually violent predator.            (2)  The information listed in subsection (c) about an        offender who is subject to lifetime registration shall be        made available on the Internet for the lifetime of the        offender unless the offender is granted relief under section        9795.5 (relating to exemption from certain notifications).            (3)  The information listed in subsection (c) about any        other offender subject to registration shall be made        available on the Internet for the entire period during which        the offender is required to register, including any extension        of this period pursuant to 9795.2(a)(3) (relating to        registration procedures and applicability).     (Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Nov. 9, 2006,     P.L.1352, No.143, eff. imd.; Nov. 29, 2006, P.L.1581, No.179,     eff. 180 days)        2006 Amendments.  Act 143 amended subsec. (c)(2) and Act 179     amended subsecs. (b) and (c) and carried without amendment     subsec. (d). Section 10 of Act 179 provided that the amendment     of subsec. (c)(xi) shall apply to persons convicted after     November 30, 2006, of an offense requiring registration under     section 9795.1.        2004 Amendment.  Act 152 added section 9798.1. Section 18 of     Act 152 provided that section 9798.1 shall apply to any     individual subject to the addition of Subchapter H of Chapter     97.        Cross References.  Section 9798.1 is referred to in sections     9792, 9795.2, 9795.5 of this title.