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1998 SESSION

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HB 1187 Megan's Law; community notification.

Introduced by: James K. O'Brien, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Megan's law; community notification. Adds to the offenses for which registration is required: marital sexual assault; aggravated sexual battery where the victim is 13 or 14 years old, serious bodily or mental injury results or a dangerous weapon is used or threatened to be used; and breaking and entering of a dwelling if done with intent to commit rape. Attempts to commit the Registry offenses involving minors or to commit sexually violent offenses will also require registration. The bill adds a reference to the statute which specifically governs attempted rape, forcible sodomy or object penetration to the list of sexually violent offenses and adds attempt to commit aggravated sexual battery to the list of offenses for which registration is required. Attempts were apparently inadvertently not included in these two categories last year, although they were included in the other Registry offenses.

Jurisdiction over the offense of failing to register is specifically granted to the State Police and jurisdiction for a prosecution is specified in the county or city in which the offender is found or, if he is found out of state, in the jurisdiction of his last known residence in the state.

The bill allows persons convicted of two offenses for which registration is required to be treated as sexually violent offenders, subject to the more stringent reregistration requirements, following an assessment of the offender by the Department of Corrections and a determination that such a reclassification is appropriate.

The State Police are required to develop an Internet-accessible site for public access to Registry information on violent sexual offenders. For other offenders subject to registration, individual-specific requests can be made of the State Police, either directly or through local law enforcement. The State Police may charge a fee to cover the costs of maintaining the Registry and developing and maintaining the Internet site. Additionally, the State Police are to establish an electronic notification system which would allow certain entities providing care services to children to receive notice whenever a sex offender who lives in the zip code area in which the entity is located, or in a contiguous zip code area, registers with the State Police.

Dissemination of Registry information with the intent to intimidate or harass is made punishable as a Class 1 misdemeanor. This bill is incorporated into HB 570.


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