Pennsylvania Lawmakers Debate Sex Offender Legislation

November 23, 2011

Registration requirements and other restrictions placed on people convicted of sex crimes in Pennsylvania recently have been the subject of much debate in the Pennsylvania Legislature. Lawmakers are deciding whether to adopt provisions of the federal Adam Walsh Act that would tighten restrictions on sex offenders or to forgo federal funding in the form of law enforcement grants to avoid enacting federal rules that some believe would not serve Pennsylvania residents well.

Supporters of the proposed sex-offender legislation say it would increase public safety and guarantee a source of money against a backdrop of significant state-government budgetary challenges. But, critics of the bill say that the costs of complying with the federal law's requirements are too high, and the restrictions it would impose on people convicted of sex crimes -- especially juveniles -- are too severe.

The Adam Walsh Child Protection and Safety Act of 2006

The Adam Walsh Child Protection and Safety Act was signed into law by then-President George W. Bush on July 27, 2006. Commonly known as the Adam Walsh Act, the legislation created a national sex-offender registry and established a three-tier classification system for people convicted of sex crimes. The higher an individual's tier designation, whether tier one, tier two, or tier three, the more frequently he or she must register in person as a sex offender with local law enforcement authorities where the individual lives and works or is a student.

When registering, people convicted of sex crimes must provide the following information:
- Name
- Address
- Social Security number
- Driver's license number
- Identifying physical information like eye color, hair color, height and weight
- Recent photo
- Fingerprints
- DNA sample
- Place of employment or educational institution
- Car license plate and description

Under the Adam Walsh Act, tier one represents the least serious offenses, and tier-one offenders are required to register once a year for 15 years. Tier-two offenders must register or update their registration information every six months for 25 years. Tier-three offenders have committed the most serious crimes and are required to register or update their information every three months for the rest of their lives.

These registration requirements appear in Title I of the Adam Walsh Act: the Sex Offender Registration and Notification Act (SORNA). In addition to setting standards for sex offender registration, the SORNA also required individual states to adopt its provisions within roughly five years or lose out on federal law-enforcement funding -- and that deadline is fast approaching.

Adam Walsh Act Provisions Under Debate

In order to continue receiving the federal funding, states must adopt as law specific provisions of the SORNA, which would:
- Increase the information collected from sex offenders for registration
- Expand the number of crimes that trigger mandatory sex-offender registration
- Require juvenile offenders age 14 and older convicted of forcible rape, sexual assault or involuntary deviate sexual intercourse to register as sex offenders for at least 15 years

The last requirement is one of the most controversial, as many feel it is inappropriate to require minors to register as sex offenders for so many years, if at all. The juvenile sex-offender registry would not be available to the public, but law enforcement officials would have access to the information.

As of mid-November 2011, officials in Texas and New York already indicated that their states will not comply with the Adam Walsh Act. According to the Harrisburg Patriot News, eleven states and the District of Columbia do not have juvenile sex-offender registries, and Texas officials estimate that meeting the "one-size-fits-all" requirements of the Adam Walsh Act would cost 30 times more than the loss of funding it will receive for non-compliance.

A bill authored by Pennsylvania State Senator Jane Orie (R-Allegheny), includes the provisions required for compliance with the Adam Walsh Act and also contains language that would close loopholes in Pennsylvania's existing sex-offender laws under Megan's Law. Currently, people with sex-crime convictions from other states or who were convicted in Pennsylvania but are homeless are not required to register on the state's sex-offender registry.

On November 15, 2011, the proposed legislation, Senate Bill 1183, passed the Senate and moved the Pennsylvania House of Representatives for consideration. Time will tell whether the bill passes the House and is ultimately signed by the governor and whether any amendments are made to it in the process.

If you have been charged with a sex crime or would like to know more about how the proposed legislation could affect you, contact a Pennsylvania criminal defense attorney in your area.

Article provided by Patrick J. Artur & Associates
Visit us at www.willdefend.com