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| PRIOR PRINTER'S NOS. 863, 1602 | PRINTER'S NO. 1826 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, GREENLEAF, RAFFERTY, ERICKSON, YAW, PIPPY, LEACH, VANCE, SOLOBAY, WARD AND BROWNE, MARCH 15, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, DECEMBER 5, 2011 |
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| AN ACT |
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1 | Amending Title 44 (Law and Justice) of the Pennsylvania |
2 | Consolidated Statutes, in DNA data and testing, further |
3 | providing for policy, for definitions, for State DNA Data |
4 | Base, for procedural compatibility with FBI and for DNA |
5 | sample required upon conviction, delinquency adjudication and |
6 | certain ARD cases; providing for collection from persons |
7 | accepted from other jurisdictions; further providing for |
8 | procedures for withdrawal, collection and transmission of DNA |
9 | samples, for procedures for conduct, disposition and use of |
10 | DNA analysis; providing for request for modified DNA search; |
11 | further providing for DNA data base exchange and for |
12 | expungement; and providing for severability. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Sections 2302, 2303, 2312 and 2315 of Title 44 of |
16 | the Pennsylvania Consolidated Statutes are amended to read: |
17 | § 2302. Policy. |
18 | The General Assembly finds and declares that: |
19 | (1) DNA data banks are an important tool in criminal |
20 | investigations, in [the exclusion of] excluding innocent |
21 | individuals who are the subject of criminal investigations or |
22 | prosecutions and in [deterring and detecting recidivist acts] |
23 | detecting and deterring repeated crimes by the same |
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1 | individual. |
2 | (2) Several states have enacted laws requiring persons |
3 | arrested, charged or convicted of certain crimes, especially |
4 | sex offenses, to provide genetic samples for DNA profiling. |
5 | (2.1) Several states have authorized the use of DNA |
6 | analysis to identify crime scene DNA profiles by establishing |
7 | that the source of a crime scene DNA profile is likely to be |
8 | a close relative of a specific individual whose DNA record is |
9 | on file. |
10 | (3) Moreover, it is the policy of the Commonwealth to |
11 | assist Federal, State and local criminal justice and law |
12 | enforcement agencies in the identification and detection of |
13 | individuals in criminal investigations. |
14 | (4) It is therefore in the best interest of the |
15 | Commonwealth to establish a DNA data base and a DNA data bank |
16 | containing DNA samples submitted by individuals arrested for, |
17 | charged with, convicted of, adjudicated delinquent for or |
18 | accepted into ARD for felony sex offenses and other specified |
19 | offenses. |
20 | (5) It is in the best interest of the Commonwealth to |
21 | authorize the State Police to use DNA analysis and to |
22 | identify these individuals to a criminal justice agency in |
23 | certain cases. |
24 | § 2303. Definitions. |
25 | The following words and phrases when used in this chapter |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Accredited forensic DNA laboratory." A forensic DNA |
29 | laboratory that has received accreditation by an accrediting |
30 | body nationally recognized within the forensic science community |
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1 | in accordance with the FBI Quality Assurance Standards to |
2 | perform forensic DNA testing and is in compliance with FBI |
3 | quality assurance standards. |
4 | "ARD." Accelerated Rehabilitative Disposition. |
5 | "CODIS." The [term is derived from] Combined DNA Index |
6 | System, the Federal Bureau of Investigation's national DNA |
7 | identification index system that allows the storage and exchange |
8 | of DNA records submitted by state and local forensic DNA |
9 | laboratories. |
10 | "Commissioner." The Commissioner of the Pennsylvania State |
11 | Police. |
12 | "Crime scene DNA profile." A DNA profile that characterizes |
13 | the sample of DNA found on a victim or originating from and |
14 | associated with the scene of a crime. |
15 | "Criminal justice agency." A criminal justice agency as |
16 | defined in 18 Pa.C.S. § 9102 (relating to definitions). |
17 | "DNA." Deoxyribonucleic acid. DNA is located in the cells |
18 | and provides an individual's personal genetic blueprint. DNA |
19 | encodes genetic information that is the basis of human heredity |
20 | and forensic identification. |
21 | "DNA record." DNA identification information stored in the |
22 | State DNA Data Base or the Combined DNA Index System for the |
23 | purpose of generating investigative leads or supporting |
24 | statistical interpretation of DNA test results. The term |
25 | includes nuclear and mitochondrial typing. The DNA record is the |
26 | result obtained from the DNA typing tests. The DNA record is |
27 | comprised of the characteristics of a DNA sample which are of |
28 | value in establishing the identity of individuals or the source |
29 | of a crime scene DNA profile. The results of all DNA |
30 | identification tests on an individual's DNA sample are also |
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1 | collectively referred to as the DNA profile of an individual. |
2 | "DNA sample." A [blood or tissue] bodily sample: |
3 | (1) provided by any person with respect to offenses |
4 | covered by this chapter or submitted to the Pennsylvania |
5 | State Police laboratory pursuant to the former act of May 28, |
6 | 1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA |
7 | Detection of Sexual and Violent Offenders Act, to the former |
8 | 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or to |
9 | this chapter for analysis or storage, or both[.]; or |
10 | (2) found at a crime scene that might have come from a |
11 | possible offender. |
12 | "FBI." The Federal Bureau of Investigation. |
13 | "Felony sex offense." A felony offense or an attempt, |
14 | conspiracy or solicitation to commit a felony offense under any |
15 | of the following: |
16 | 18 Pa.C.S. Ch. 31 (relating to sexual offenses). |
17 | 18 Pa.C.S. § 4302 (relating to incest). |
18 | 18 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to |
19 | prostitution and related offenses). |
20 | 18 Pa.C.S. § 5903(a) (relating to obscene and other |
21 | sexual materials and performances) where the offense |
22 | constitutes a felony. |
23 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
24 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
25 | minor) where the most serious underlying offense for which |
26 | the defendant contacted the minor is graded as a felony. |
27 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
28 | children). |
29 | "Forensic DNA laboratory." A laboratory that performs |
30 | forensic DNA testing for the purposes of identification. |
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1 | "Forensic DNA testing." A test that applies techniques from |
2 | molecular biology to deoxyribonucleic acid (DNA) to help resolve |
3 | issues of identification. |
4 | "Former DNA Act." The former act of May 28, 1995 (1st |
5 | Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual |
6 | and Violent Offenders Act. |
7 | "Fund." The DNA Detection Fund reestablished in section 2335 |
8 | (relating to DNA Detection Fund). |
9 | "Human behavioral genetic research." The study of the |
10 | possible genetic underpinnings of behaviors, including, but not |
11 | limited to, aggression, substance abuse, social attitudes, |
12 | mental abilities, sexual activity and eating habits. |
13 | "Judicial determination." A determination by a court of |
14 | competent jurisdiction, including a settlement approved by such |
15 | court. |
16 | "Law enforcement identification purposes." Assisting in the |
17 | determination of the identity of an individual whose DNA is |
18 | contained in a biological sample. |
19 | "Mitochondrial DNA analysis." A method that applies |
20 | techniques from molecular biology to analyze DNA found in the |
21 | mitochondria of cells. |
22 | "Modified DNA search." A search of a crime scene DNA profile |
23 | against the State DNA Data Base by the State Police that is |
24 | conducted using the procedure and methods set forth in the |
25 | regulations published under section 2318.1(d)(3) (relating to |
26 | request for modified DNA search). |
27 | "Other specified offense." [A felony offense or an offense |
28 | under 18 Pa.C.S. § 2910 (relating to luring a child into a motor |
29 | vehicle) or 3126 (relating to indecent assault) or an attempt to |
30 | commit such an offense.] Any of the following: |
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1 | A felony offense. |
2 | 18 Pa.C.S. § 2701(b)(2) (relating to simple assault). |
3 | 18 Pa.C.S. § 2902(a) (relating to unlawful restraint). |
4 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
5 | motor vehicle or structure. |
6 | 18 Pa.C.S. § 3126 (relating to indecent assault). |
7 | 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal |
8 | trespass). |
9 | 18 Pa.C.S. § 4303 (relating to concealing death of |
10 | child). |
11 | 18 Pa.C.S. § 4304 (relating to endangering welfare of |
12 | children). |
13 | 18 Pa.C.S. § 4305 (relating to dealing in infant |
14 | children). |
15 | An attempt, conspiracy or solicitation to commit a felony |
16 | offense or other offense specified in this definition. |
17 | "State Police." The Pennsylvania State Police. |
18 | "Y chromosome analysis." A method that applies techniques |
19 | from molecular biology to examine DNA found on the Y chromosome. |
20 | § 2312. State DNA Data Base. |
21 | [The State DNA Data Base is reestablished. It shall be |
22 | administered by the State Police and provide DNA records to the |
23 | FBI for storage and maintenance by CODIS.] A Statewide DNA Data |
24 | Base is established within the State Police to provide DNA |
25 | records to CODIS. The State DNA Data Base shall have the |
26 | capability provided by computer software and procedures |
27 | administered by the State Police to store and maintain DNA |
28 | records related to: |
29 | (1) forensic casework; |
30 | (2) arrested, charged and convicted offenders required |
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1 | to provide a DNA sample under this chapter; and |
2 | (3) anonymous DNA records used for statistical research |
3 | [or] on the frequency of DNA genotypes, quality control or |
4 | the development of new DNA identification methods. |
5 | § 2315. Procedural compatibility with FBI. |
6 | The DNA identification system [as] established by the State |
7 | Police shall be compatible with the procedures [specified] |
8 | established by the FBI quality assurance standards for forensic |
9 | DNA testing laboratories and DNA data basing laboratories and |
10 | CODIS policies and procedures, including use of comparable test |
11 | procedures, laboratory equipment, supplies and computer |
12 | software. |
13 | Section 2. Section 2316 heading and subsections (a) and (b) |
14 | (3) of Title 44 are amended and the section is amended by adding |
15 | a subsection to read: |
16 | § 2316. DNA sample required upon arrest, criminal charge, |
17 | conviction, delinquency adjudication and certain ARD |
18 | cases. |
19 | (a) [General rule] Conviction or adjudication.--A person who |
20 | is convicted or adjudicated delinquent for a felony sex offense |
21 | or other specified offense or who is or remains incarcerated for |
22 | a felony sex offense or other specified offense on or after the |
23 | effective date of this chapter shall have a DNA sample [drawn] |
24 | collected as follows: |
25 | (1) A person who is sentenced or receives a delinquency |
26 | disposition to a term of confinement for an offense covered |
27 | by this subsection shall have a DNA sample [drawn] collected |
28 | upon intake to a prison, jail or juvenile detention facility |
29 | or any other detention facility or institution. If the person |
30 | is already confined at the time of sentencing or |
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1 | adjudication, the person shall have a DNA sample [drawn] |
2 | collected immediately after the sentencing or adjudication. |
3 | If a DNA sample is not timely [drawn] collected in accordance |
4 | with this section, the DNA sample may be [drawn] collected |
5 | any time thereafter by the prison, jail, juvenile detention |
6 | facility, detention facility or institution. |
7 | (2) A person who is convicted or adjudicated delinquent |
8 | for an offense covered by this subsection shall have a DNA |
9 | sample [drawn] collected as a condition for any sentence or |
10 | adjudication which disposition will not involve an intake |
11 | into a prison, jail, juvenile detention facility or any other |
12 | detention facility or institution. |
13 | (3) Under no circumstances shall a person who is |
14 | convicted or adjudicated delinquent for an offense covered by |
15 | this subsection be released in any manner after such |
16 | disposition unless and until a DNA sample has been |
17 | [withdrawn] collected. |
18 | (b) Condition of release, probation or parole.-- |
19 | * * * |
20 | (3) This chapter shall apply to incarcerated persons and |
21 | persons on probation or parole who were convicted or |
22 | adjudicated delinquent for other specified offenses prior to |
23 | the effective date of this paragraph whether or not the |
24 | offense for which the person is currently imprisoned or under |
25 | probation or parole supervision is a felony sex offense or |
26 | other specified offense. |
27 | * * * |
28 | (c.1) Criminal charge or arrest.-- |
29 | (1) A person who is charged or arrested as an adult for |
30 | a felony sex offense or other specified offense shall have a |
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1 | DNA sample collected immediately following arrest, during |
2 | booking or intake or as soon as administratively practical |
3 | after arrest but not later than prior to release on bail or |
4 | pending trial or any other physical release from confinement |
5 | or custody. |
6 | (2) If for any reason a person does not provide a DNA |
7 | sample and fingerprints under this chapter, the court shall |
8 | order the person to report within five calendar days of |
9 | arrest or charge to a prison, jail unit, juvenile facility or |
10 | other facility to be specified by the court to provide DNA |
11 | samples and fingerprints in accordance with this chapter. |
12 | (3) The State Police shall create a separate category |
13 | within the data base to store DNA samples and records |
14 | collected under this subsection, and the DNA records and |
15 | samples contained therein shall not be subject to any |
16 | modified DNA search authorized under section 2318.1 (relating |
17 | to request for modified DNA search). |
18 | (4) This subsection shall apply as follows: |
19 | (i) Beginning 90 days after the effective date of |
20 | this subsection, any person required to provide a DNA |
21 | sample under this subsection for an arrest or charge |
22 | under 18 Pa.C.S. Chs. 25 (relating to criminal homicide), |
23 | 26 (relating to crimes against unborn child) and 31 |
24 | (relating to sexual offenses) and §§ 6312 (relating to |
25 | sexual abuse of children) and 6320 (relating to sexual |
26 | exploitation of children) shall have a DNA sample |
27 | collected pursuant to this chapter. |
28 | (ii) Beginning one year after the effective date of |
29 | this subsection, any person required to provide a DNA |
30 | sample under this subsection for an arrest or charge |
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1 | under 18 Pa.C.S. Chs. 27 (relating to assault), 33 |
2 | (relating to arson, criminal mischief and other property |
3 | destruction), 35 (relating to burglary and other criminal |
4 | intrusion), 37 (relating to robbery) and 43 (relating to |
5 | offenses against the family) shall have a DNA sample |
6 | collected pursuant to this chapter. |
7 | (iii) Beginning two years after the effective date |
8 | of this subsection, any person required to provide a DNA |
9 | sample under this subsection for an arrest or charge for |
10 | any other felony sex offense or other specified offense |
11 | shall have a sample collected pursuant to this chapter. |
12 | * * * |
13 | Section 3. Title 44 is amended by adding a section to read: |
14 | § 2316.1. Collection from other jurisdictions. |
15 | (a) Conditional acceptance.--When a person is accepted into |
16 | this Commonwealth for supervision from another jurisdiction |
17 | under the Interstate Compact for Supervision of Adult Offenders, |
18 | other reciprocal agreement with a Federal, state or county |
19 | agency, or a provision of law, whether or not the person is |
20 | confined or released, the acceptance shall be conditioned on the |
21 | offender's providing DNA samples under this chapter if the |
22 | offender has a past or present Federal, state or military court |
23 | conviction or adjudication that is equivalent to a felony sex |
24 | offense or other specified offense as determined by the |
25 | Pennsylvania Board of Probation and Parole. Additional DNA |
26 | samples shall not be required if a DNA sample is currently on |
27 | file with CODIS or the State DNA Data Base. |
28 | (b) Time period.-- |
29 | (1) If the person accepted under subsection (a) is not |
30 | confined, the DNA sample and fingerprints required under this |
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1 | chapter shall be provided within five calendar days after the |
2 | person reports to the supervising agent or within five |
3 | calendar days of notice to the person, whichever occurs |
4 | first. The person shall appear and the DNA samples shall be |
5 | collected in accordance with the provisions of this chapter. |
6 | (2) If the person accepted under subsection (a) is |
7 | confined, the person shall provide the DNA sample and |
8 | fingerprints required by this chapter within five calendar |
9 | days after the person is received at a place of incarceration |
10 | or confinement. |
11 | Section 4. Sections 2317(a)(1) and 2318(a) and (c) of Title |
12 | 44 are amended to read: |
13 | § 2317. Procedures for withdrawal, collection and transmission |
14 | of DNA samples. |
15 | (a) [Drawing] Collection of DNA samples.-- |
16 | (1) Each DNA sample required to be [drawn] collected |
17 | pursuant to [section] sections 2316 (relating to DNA sample |
18 | required upon arrest, criminal charge, conviction, |
19 | delinquency adjudication and certain ARD cases) and 2316.1 |
20 | (relating to collection from persons accepted from other |
21 | jurisdictions) from persons who are incarcerated or confined |
22 | shall be [drawn] collected at the place of incarceration or |
23 | confinement as provided for in section 2316. DNA samples from |
24 | persons who are not ordered or sentenced to a term of |
25 | confinement shall be [drawn] collected at a prison, jail |
26 | unit, juvenile facility or other facility to be specified by |
27 | the court. Only those individuals qualified to draw DNA blood |
28 | samples in a medically approved manner shall draw a DNA blood |
29 | sample to be submitted for DNA analysis. Such sample and the |
30 | set of fingerprints provided for in paragraph (2) shall be |
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1 | delivered to the State Police within 48 hours of [drawing] |
2 | collecting the sample. |
3 | * * * |
4 | § 2318. Procedures for conduct, disposition and use of DNA |
5 | analysis. |
6 | (a) Procedures.-- |
7 | (1) The State Police shall [prescribe] develop |
8 | guidelines to implement this chapter, including procedures to |
9 | be used in the collection, submission, identification, |
10 | analysis, storage and disposition of DNA samples and typing |
11 | results of DNA samples submitted under the former DNA Act, |
12 | former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) |
13 | or this chapter. |
14 | (2) The DNA sample typing results shall be securely |
15 | stored in the State DNA Data Base, and records of testing |
16 | shall be retained on file with the State Police consistent |
17 | with the procedures established by the FBI quality assurance |
18 | standards for forensic DNA testing laboratories and DNA data |
19 | basing laboratories and CODIS policies and procedures. |
20 | (3) These procedures shall also include quality |
21 | assurance guidelines to ensure that DNA identification |
22 | records meet standards for accredited forensic DNA |
23 | laboratories which submit DNA records to the State DNA Data |
24 | Base. |
25 | (4) The guidelines shall address the following: |
26 | (i) Verification of accreditation. |
27 | (ii) Compliance with FBI quality assurance standards |
28 | including continuing education requirements for the |
29 | personnel of forensics DNA testing laboratories. |
30 | * * * |
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1 | (c) Use of tests.-- |
2 | (1) Except as otherwise provided in section 2319(c) |
3 | (relating to DNA data base exchange), the tests to be |
4 | performed on each DNA sample shall be used only for law |
5 | enforcement identification purposes or to assist in the |
6 | recovery or identification of human remains from disasters or |
7 | for other humanitarian identification purposes, including |
8 | identification of missing persons. |
9 | (2) No DNA sample or DNA record shall be used for human |
10 | behavioral genetic research. |
11 | * * * |
12 | Section 5. Title 44 is amended by adding a section to read: |
13 | § 2318.1. Request for modified DNA search. |
14 | (a) General rule.-- |
15 | (1) A criminal justice agency may request in writing |
16 | that the State Police perform a modified DNA search in an |
17 | unsolved case and shall provide information as required by |
18 | the State Police. |
19 | (2) The State Police shall grant a request to conduct a |
20 | modified DNA search if the State Police determine that the |
21 | request complies with subsection (d)(2). |
22 | (b) Modified DNA search.-- |
23 | (1) The State Police shall conduct a modified DNA search |
24 | if it grants a request under subsection (a)(2). |
25 | (2) The State Police may conduct a modified DNA search |
26 | in unsolved cases without the request of a criminal justice |
27 | agency only if the State Police determine that they would |
28 | have granted a request had a request been made by a criminal |
29 | justice agency. |
30 | (3) In all cases, the State Police shall use procedures |
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1 | for conducting a modified DNA search that are consistent with |
2 | the regulations published under subsection (d)(3). |
3 | (c) Release of information from a modified DNA search.--The |
4 | State Police shall provide the requesting criminal justice |
5 | agency with personally identifying information on individuals |
6 | whose DNA records were identified through a modified DNA search. |
7 | (d) Requirements.-- |
8 | (1) The State Police shall require a criminal justice |
9 | agency to provide assurances and information in support of |
10 | its request for a modified DNA search, including: |
11 | (i) A representation that a modified DNA search is |
12 | necessary for law enforcement identification purposes in |
13 | an unsolved case. |
14 | (ii) A representation that all other investigative |
15 | leads have been pursued. |
16 | (iii) A commitment to further investigate the case |
17 | if personal identifying information from a modified DNA |
18 | search is provided. |
19 | (iv) Any other information the State Police deem |
20 | necessary. |
21 | (2) The State Police shall grant a modified DNA search |
22 | request so long as the State Police determine that: |
23 | (i) The crime scene DNA profile has sufficient size, |
24 | quality and integrity. |
25 | (ii) The crime scene DNA profile has previously been |
26 | subjected to a routine DNA search against the State DNA |
27 | Data Base. |
28 | (iii) The modified DNA search is necessary for law |
29 | enforcement identification purposes in an unsolved case. |
30 | (iv) The criminal justice agency has pursued all |
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1 | other investigative leads. |
2 | (v) Any relevant consideration, including factors or |
3 | requirements considered by any other jurisdiction that, | <-- |
4 | supports granting the request. |
5 | (3) The State Police shall adopt a procedure to conduct |
6 | modified DNA searches based on scientifically valid and |
7 | reliable methods to determine that a crime scene DNA profile |
8 | is sufficiently likely to have originated from a close |
9 | relative of an individual whose DNA profile is recorded in |
10 | the State DNA Data Base. The State Police may require the |
11 | following: |
12 | (i) An analysis of the rarity in the relevant |
13 | population of each shared DNA characteristic. |
14 | (ii) An analysis of the pattern of shared DNA |
15 | characteristics. |
16 | (iii) Y chromosome analysis. |
17 | (iv) Mitochondrial DNA analysis. |
18 | (v) Any other suitable method designed to determine |
19 | that a crime scene DNA profile originated from a close |
20 | relative of an individual in the State DNA Data Base. |
21 | The State Police shall not be limited to procedures or |
22 | methods used by the FBI in conducting moderate or low |
23 | stringency CODIS searches. |
24 | Section 6. Sections 2319(a) and (c) and 2321(a) and (b) of |
25 | Title 44 are amended to read: |
26 | § 2319. DNA data base exchange. |
27 | (a) Receipt of DNA samples by State Police.--It shall be the |
28 | duty of the State Police to receive DNA samples, to store, to |
29 | perform analysis or to contract for DNA typing analysis with [a |
30 | qualified] an accredited forensic DNA laboratory that meets the |
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1 | guidelines and regulations under section 2318 (relating to |
2 | procedures for conduct, disposition and use of DNA analysis) as |
3 | established by the State Police, to classify and to file the DNA |
4 | record of identification characteristic profiles of DNA samples |
5 | submitted under the former DNA Act, former 42 Pa.C.S. Ch. 47 |
6 | (relating to DNA data and testing) or this chapter and to make |
7 | such information available as provided in this section. The |
8 | State Police may contract [out] for the storage of DNA typing |
9 | analysis [and may contract out] or DNA typing analysis to [a |
10 | qualified] an accredited forensic DNA laboratory that meets |
11 | guidelines and regulations as established by the State Police |
12 | under section 2318. The results of the DNA profile of |
13 | individuals in the State DNA Data Base shall be made available: |
14 | (1) to criminal justice agencies or [approved crime] |
15 | CODIS-participating DNA laboratories which serve these |
16 | agencies; or |
17 | (2) upon written or electronic request and in |
18 | furtherance of an official investigation of a criminal |
19 | offense or offender or suspected offender. |
20 | * * * |
21 | (c) Population data base.-- |
22 | (1) The State Police may establish a separate population |
23 | data base comprised of DNA samples obtained under this |
24 | chapter after all personal identification is removed. |
25 | (2) The State Police may share or disseminate the |
26 | population data base with other criminal justice agencies or |
27 | [crime] CODIS-participating DNA laboratories that serve to |
28 | assist the State Police with statistical data bases. |
29 | (3) The population data base may be made available to |
30 | and searched by other agencies participating in the CODIS |
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1 | system. |
2 | § 2321. Expungement. |
3 | [(a) General rule.--A person whose DNA sample, record or | <-- |
4 | profile has been included in the State DNA Data Bank or the |
5 | State DNA Data Base pursuant to the former DNA Act, former 42 |
6 | Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
7 | chapter may request expungement on the grounds that: | <-- |
8 | (1) the arrest, charge, conviction or delinquency | <-- |
9 | adjudication on which the authority for including that |
10 | person's DNA sample, record or profile was based has been |
11 | reversed and the case dismissed; [or that] | <-- |
12 | (2) the charge has been dismissed; |
13 | (3) there has been a judgment of acquittal; |
14 | (4) no charge was filed within the statute of |
15 | limitations; or |
16 | (5) the DNA sample, record or profile was included in |
17 | the State DNA Data Bank or the State DNA Data Base by |
18 | mistake. |
19 | (b) Duty of State Police.--The State Police shall |
20 | immediately purge all records and identifiable information in | <-- |
21 | the State DNA Data Bank or State DNA Data Base pertaining to the |
22 | person and destroy each sample, record and profile from the |
23 | person upon: |
24 | (1) receipt of a [written request for expungement | <-- |
25 | pursuant to this section and a] certified copy of the final | <-- |
26 | court order reversing and dismissing the conviction; [or] | <-- |
27 | (1.1) receipt of a certified copy of a final court order |
28 | establishing that the charge has been dismissed or has |
29 | resulted in an acquittal or that no charge was filed within |
30 | the statute of limitations; or |
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1 | (2) clear and convincing proof that the sample record or |
2 | profile was included by mistake.] | <-- |
3 | (a) General rule.--A person whose DNA sample, record or |
4 | profile has been included in the State DNA Data Bank or the |
5 | State DNA Data Base under the former DNA Act, former provisions |
6 | of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
7 | chapter may have the DNA sample, record or profile expunged in |
8 | accordance with this section. |
9 | (b) Expungement by request.--A person whose DNA sample, |
10 | record or profile has been included in the State DNA Data Bank |
11 | or the State DNA Date Base under the former DNA Act, former |
12 | provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and |
13 | testing) or this chapter may file an expungement request with |
14 | the State Police on the grounds that the DNA sample, record or |
15 | profile was included in the State DNA Data Bank or the State DNA |
16 | Data Base by mistake. A person requesting expungement under this |
17 | subsection shall be required to prove that the DNA sample, |
18 | record or profile has been included in the State DNA Data Bank |
19 | or the State DNA Data Base by clear and convincing evidence. |
20 | (c) Mandatory expungement.--The following shall apply: |
21 | (1) Except as provided in paragraph (2), all records and |
22 | identifiable information, including any sample, record or |
23 | profile, in the State DNA Data Bank or the State DNA Data |
24 | Base pertaining to a person shall be destroyed in the |
25 | following instances: |
26 | (i) the arrest, charge, conviction or delinquency |
27 | adjudication on which the authority for including the |
28 | person's DNA sample, record or profile was based has been |
29 | reversed and the case dismissed; |
30 | (ii) the charge on which the authority for including |
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1 | the person's DNA sample, record or profile has been |
2 | dismissed and the prosecuting authority is barred from |
3 | seeking a retrial; |
4 | (iii) there has been a judgment of acquittal on the |
5 | charge on which the authority for including the person's |
6 | DNA sample, record or profile was based; |
7 | (iv) the person from whom the sample was taken was |
8 | not charged with the crime on which the authority for |
9 | including the person's DNA sample, record or profile was |
10 | based; |
11 | (v) the prosecuting authority has elected not to |
12 | commence criminal proceeding against the person for the |
13 | crime on which the authority for including the person's |
14 | DNA sample, record or profile was based; |
15 | (vi) charges for the crime on which the authority |
16 | for including the person's DNA sample, record or profile |
17 | was based were not filed within the statute of |
18 | limitations; and |
19 | (vii) the person is granted an unconditional pardon |
20 | for the crime on which the authority for including the |
21 | person's DNA sample, record or profile was based. |
22 | (2) The provisions of paragraph (1) shall not apply if |
23 | the person has been arrested, charged, convicted or |
24 | adjudicated delinquent for any other crime for which a DNA |
25 | sample, record or profile is required under this chapter. |
26 | (d) Disposition reporting.--All criminal justice agencies, |
27 | including law enforcement agencies, district attorneys and |
28 | courts shall submit reports of dispositions that require |
29 | mandatory expungement under subsection (c)(1) to the State |
30 | Police within 60 days of the date of such disposition. Courts |
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1 | shall collect and submit criminal court dispositions as required |
2 | by the Administrative Office of Pennsylvania Courts. |
3 | (e) Duties of State Police.--The following shall apply: |
4 | (1) Upon receipt of any report of disposition under |
5 | subsection (d), the State Police shall immediately purge all |
6 | records and identifiable information in the State DNA Data |
7 | Bank or the State DNA Data Base pertaining to a person and |
8 | destroy each sample, record and profile of the person. |
9 | (2) The expungement shall be processed at no cost to the |
10 | person from whom the DNA sample was taken. |
11 | (3) The State Police shall provide written notice of the |
12 | expungement to the person and his attorney of record, if any, |
13 | within 45 days after expunging and destroying the sample, |
14 | record and profile. |
15 | (4) The State Police shall provide the CODIS expungement |
16 | policy to any person whose sample, record and profile has |
17 | been expunged and destroyed under this section if such |
18 | information has been transferred to CODIS. |
19 | * * * |
20 | Section 7. Title 44 is amended by adding a section to read: |
21 | § 2337. Severability. |
22 | The provisions of this chapter are severable. If any |
23 | provision of this chapter or its application to any person or |
24 | circumstance is held invalid, the invalidity shall not affect |
25 | other provisions or applications of this chapter which can be |
26 | given effect without the invalid provision or application. |
27 | Section 8. This act shall take effect in 270 days. |
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