HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, GREENLEAF, RAFFERTY, ERICKSON, YAW, PIPPY, LEACH, VANCE, SOLOBAY, WARD AND BROWNE, MARCH 15, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

<--

Consolidated Statutes, in DNA data and testing, further

providing for policy, for definitions, for State DNA Data

Base, for procedural compatibility with FBI and for DNA

sample required upon conviction, delinquency adjudication and

certain ARD cases; providing for collection from persons

accepted from other jurisdictions; further providing for

procedures for withdrawal, collection and transmission of DNA

samples, for procedures for conduct, disposition and use of

DNA analysis; providing for request for modified DNA search;

further providing for DNA data base exchange and for

expungement; and providing for severability.

Amending Title 44 (Law and Justice) of the Pennsylvania

<--

Consolidated Statutes, in DNA data and testing, further

providing for policy, for definitions, for powers and duties

of State Police, for State DNA Data Base, for State DNA Data

Bank, for State Police recommendation of additional offenses,

for procedural compatibility with FBI and for DNA sample

required upon conviction, delinquency adjudication and

certain ARD cases; providing for collection from persons

accepted from other jurisdictions; further providing for

procedures for withdrawal, collection and transmission of DNA

samples, for procedures for conduct, disposition and use of

DNA analysis; providing for request for modified DNA search;

and further providing for DNA data base exchange, for

expungement and for mandatory cost.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2302, 2303, 2312 and 2315 of Title 44 of

<--

the Pennsylvania Consolidated Statutes are amended to read:

§ 2302.  Policy.

The General Assembly finds and declares that:

(1)  DNA data banks are an important tool in criminal

investigations, in [the exclusion of] excluding innocent 

individuals who are the subject of criminal investigations or

prosecutions and in [deterring and detecting recidivist acts] 

detecting and deterring repeated crimes by the same

individual.

(2)  Several states have enacted laws requiring persons

arrested, charged or convicted of certain crimes, especially

sex offenses, to provide genetic samples for DNA profiling.

(2.1)  Several states have authorized the use of DNA

analysis to identify crime scene DNA profiles by establishing

that the source of a crime scene DNA profile is likely to be

a close relative of a specific individual whose DNA record is

on file.

(3)  Moreover, it is the policy of the Commonwealth to

assist Federal, State and local criminal justice and law

enforcement agencies in the identification and detection of

individuals in criminal investigations.

(4)  It is therefore in the best interest of the

Commonwealth to establish a DNA data base and a DNA data bank

containing DNA samples submitted by individuals arrested for,

charged with, convicted of, adjudicated delinquent for or

accepted into ARD for felony sex offenses and other specified

offenses.

(5)  It is in the best interest of the Commonwealth to

authorize the State Police to use DNA analysis and to

identify these individuals to a criminal justice agency in

certain cases.

§ 2303.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Accredited forensic DNA laboratory."  A forensic DNA

laboratory that has received accreditation by an accrediting

body nationally recognized within the forensic science community

in accordance with the FBI Quality Assurance Standards to

perform forensic DNA testing and is in compliance with FBI

quality assurance standards.

"ARD."  Accelerated Rehabilitative Disposition.

"CODIS."  The [term is derived from] Combined DNA Index

System, the Federal Bureau of Investigation's national DNA

identification index system that allows the storage and exchange

of DNA records submitted by state and local forensic DNA

laboratories.

"Commissioner."  The Commissioner of the Pennsylvania State

Police.

"Crime scene DNA profile."  A DNA profile that characterizes

the sample of DNA found on a victim or originating from and

associated with the scene of a crime.

"Criminal justice agency."  A criminal justice agency as

defined in 18 Pa.C.S. § 9102 (relating to definitions).

"DNA."  Deoxyribonucleic acid. DNA is located in the cells

and provides an individual's personal genetic blueprint. DNA

encodes genetic information that is the basis of human heredity

and forensic identification.

"DNA record."  DNA identification information stored in the

State DNA Data Base or the Combined DNA Index System for the

purpose of generating investigative leads or supporting

statistical interpretation of DNA test results. The term

includes nuclear and mitochondrial typing. The DNA record is the

result obtained from the DNA typing tests. The DNA record is

comprised of the characteristics of a DNA sample which are of

value in establishing the identity of individuals or the source

of a crime scene DNA profile. The results of all DNA

identification tests on an individual's DNA sample are also

collectively referred to as the DNA profile of an individual.

"DNA sample."  A [blood or tissue] bodily sample:

(1)  provided by any person with respect to offenses

covered by this chapter or submitted to the Pennsylvania

State Police laboratory pursuant to the former act of May 28,

1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA

Detection of Sexual and Violent Offenders Act, to the former

42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or to

this chapter for analysis or storage, or both[.]; or

(2)  found at a crime scene that might have come from a

possible offender.

"FBI."  The Federal Bureau of Investigation.

"Felony sex offense."  A felony offense or an attempt,

conspiracy or solicitation to commit a felony offense under any

of the following:

18 Pa.C.S. Ch. 31 (relating to sexual offenses).

18 Pa.C.S. § 4302 (relating to incest).

18 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to

prostitution and related offenses).

18 Pa.C.S. § 5903(a) (relating to obscene and other

sexual materials and performances) where the offense

constitutes a felony.

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor) where the most serious underlying offense for which

the defendant contacted the minor is graded as a felony.

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

"Forensic DNA laboratory."  A laboratory that performs

forensic DNA testing for the purposes of identification.

"Forensic DNA testing."  A test that applies techniques from

molecular biology to deoxyribonucleic acid (DNA) to help resolve

issues of identification.

"Former DNA Act."  The former act of May 28, 1995 (1st

Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual

and Violent Offenders Act.

"Fund."  The DNA Detection Fund reestablished in section 2335

(relating to DNA Detection Fund).

"Human behavioral genetic research."  The study of the

possible genetic underpinnings of behaviors, including, but not

limited to, aggression, substance abuse, social attitudes,

mental abilities, sexual activity and eating habits.

"Judicial determination."  A determination by a court of

competent jurisdiction, including a settlement approved by such

court.

"Law enforcement identification purposes."  Assisting in the

determination of the identity of an individual whose DNA is

contained in a biological sample.

"Mitochondrial DNA analysis."  A method that applies

techniques from molecular biology to analyze DNA found in the

mitochondria of cells.

"Modified DNA search."  A search of a crime scene DNA profile

against the State DNA Data Base by the State Police that is

conducted using the procedure and methods set forth in the

regulations published under section 2318.1(d)(3) (relating to

request for modified DNA search).

"Other specified offense."  [A felony offense or an offense

under 18 Pa.C.S. § 2910 (relating to luring a child into a motor

vehicle) or 3126 (relating to indecent assault) or an attempt to

commit such an offense.] Any of the following:

A felony offense.

18 Pa.C.S. § 2701(b)(2) (relating to simple assault).

18 Pa.C.S. § 2902(a) (relating to unlawful restraint).

18 Pa.C.S. § 2910 (relating to luring a child into a

motor vehicle or structure.

18 Pa.C.S. § 3126 (relating to indecent assault).

18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal

trespass).

18 Pa.C.S. § 4303 (relating to concealing death of

child).

18 Pa.C.S. § 4304 (relating to endangering welfare of

children).

18 Pa.C.S. § 4305 (relating to dealing in infant

children).

An attempt, conspiracy or solicitation to commit a felony

offense or other offense specified in this definition.

"State Police."  The Pennsylvania State Police.

"Y chromosome analysis."  A method that applies techniques

from molecular biology to examine DNA found on the Y chromosome.

§ 2312.  State DNA Data Base.

[The State DNA Data Base is reestablished. It shall be

administered by the State Police and provide DNA records to the

FBI for storage and maintenance by CODIS.] A Statewide DNA Data

Base is established within the State Police to provide DNA

records to CODIS. The State DNA Data Base shall have the

capability provided by computer software and procedures

administered by the State Police to store and maintain DNA

records related to:

(1)  forensic casework;

(2)  arrested, charged and convicted offenders required

to provide a DNA sample under this chapter; and

(3)  anonymous DNA records used for statistical research

[or] on the frequency of DNA genotypes, quality control or

the development of new DNA identification methods.

§ 2315.  Procedural compatibility with FBI.

The DNA identification system [as] established by the State

Police shall be compatible with the procedures [specified] 

established by the FBI quality assurance standards for forensic

DNA testing laboratories and DNA data basing laboratories and

CODIS policies and procedures, including use of comparable test

procedures, laboratory equipment, supplies and computer

software.

Section 2.  Section 2316 heading and subsections (a) and (b)

(3) of Title 44 are amended and the section is amended by adding

a subsection to read:

§ 2316.  DNA sample required upon arrest, criminal charge,

conviction, delinquency adjudication and certain ARD

cases.

(a)  [General rule] Conviction or adjudication.--A person who

is convicted or adjudicated delinquent for a felony sex offense

or other specified offense or who is or remains incarcerated for

a felony sex offense or other specified offense on or after the

effective date of this chapter shall have a DNA sample [drawn] 

collected as follows:

(1)  A person who is sentenced or receives a delinquency

disposition to a term of confinement for an offense covered

by this subsection shall have a DNA sample [drawn] collected 

upon intake to a prison, jail or juvenile detention facility

or any other detention facility or institution. If the person

is already confined at the time of sentencing or

adjudication, the person shall have a DNA sample [drawn] 

collected immediately after the sentencing or adjudication.

If a DNA sample is not timely [drawn] collected in accordance

with this section, the DNA sample may be [drawn] collected 

any time thereafter by the prison, jail, juvenile detention

facility, detention facility or institution.

(2)  A person who is convicted or adjudicated delinquent

for an offense covered by this subsection shall have a DNA

sample [drawn] collected as a condition for any sentence or

adjudication which disposition will not involve an intake

into a prison, jail, juvenile detention facility or any other

detention facility or institution.

(3)  Under no circumstances shall a person who is

convicted or adjudicated delinquent for an offense covered by

this subsection be released in any manner after such

disposition unless and until a DNA sample has been

[withdrawn] collected.

(b)  Condition of release, probation or parole.--

* * *

(3)  This chapter shall apply to incarcerated persons and

persons on probation or parole who were convicted or

adjudicated delinquent for other specified offenses prior to

the effective date of this paragraph whether or not the

offense for which the person is currently imprisoned or under

probation or parole supervision is a felony sex offense or

other specified offense.

* * *

(c.1)  Criminal charge or arrest.--

(1)  A person who is charged or arrested as an adult for

a felony sex offense or other specified offense shall have a

DNA sample collected immediately following arrest, during

booking or intake or as soon as administratively practical

after arrest but not later than prior to release on bail or

pending trial or any other physical release from confinement

or custody.

(2)  If for any reason a person does not provide a DNA

sample and fingerprints under this chapter, the court shall

order the person to report within five calendar days of

arrest or charge to a prison, jail unit, juvenile facility or

other facility to be specified by the court to provide DNA

samples and fingerprints in accordance with this chapter.

(3)  The State Police shall create a separate category

within the data base to store DNA samples and records

collected under this subsection, and the DNA records and

samples contained therein shall not be subject to any

modified DNA search authorized under section 2318.1 (relating

to request for modified DNA search).

(4)  This subsection shall apply as follows:

(i)  Beginning 90 days after the effective date of

this subsection, any person required to provide a DNA

sample under this subsection for an arrest or charge

under 18 Pa.C.S. Chs. 25 (relating to criminal homicide),

26 (relating to crimes against unborn child) and 31

(relating to sexual offenses) and §§ 6312 (relating to

sexual abuse of children) and 6320 (relating to sexual

exploitation of children) shall have a DNA sample

collected pursuant to this chapter.

(ii)  Beginning one year after the effective date of

this subsection, any person required to provide a DNA

sample under this subsection for an arrest or charge

under 18 Pa.C.S. Chs. 27 (relating to assault), 33

(relating to arson, criminal mischief and other property

destruction), 35 (relating to burglary and other criminal

intrusion), 37 (relating to robbery) and 43 (relating to

offenses against the family) shall have a DNA sample

collected pursuant to this chapter.

(iii)  Beginning two years after the effective date

of this subsection, any person required to provide a DNA

sample under this subsection for an arrest or charge for

any other felony sex offense or other specified offense

shall have a sample collected pursuant to this chapter.

* * *

Section 3.  Title 44 is amended by adding a section to read:

§ 2316.1.  Collection from other jurisdictions.

(a)  Conditional acceptance.--When a person is accepted into

this Commonwealth for supervision from another jurisdiction

under the Interstate Compact for Supervision of Adult Offenders,

other reciprocal agreement with a Federal, state or county

agency, or a provision of law, whether or not the person is

confined or released, the acceptance shall be conditioned on the

offender's providing DNA samples under this chapter if the

offender has a past or present Federal, state or military court

conviction or adjudication that is equivalent to a felony sex

offense or other specified offense as determined by the

Pennsylvania Board of Probation and Parole. Additional DNA

samples shall not be required if a DNA sample is currently on

file with CODIS or the State DNA Data Base.

(b)  Time period.--

(1)  If the person accepted under subsection (a) is not

confined, the DNA sample and fingerprints required under this

chapter shall be provided within five calendar days after the

person reports to the supervising agent or within five

calendar days of notice to the person, whichever occurs

first. The person shall appear and the DNA samples shall be

collected in accordance with the provisions of this chapter.

(2)  If the person accepted under subsection (a) is

confined, the person shall provide the DNA sample and

fingerprints required by this chapter within five calendar

days after the person is received at a place of incarceration

or confinement.

Section 4.  Sections 2317(a)(1) and 2318(a) and (c) of Title

44 are amended to read:

§ 2317.  Procedures for withdrawal, collection and transmission

of DNA samples.

(a)  [Drawing] Collection of DNA samples.--

(1)  Each DNA sample required to be [drawn] collected 

pursuant to [section] sections 2316 (relating to DNA sample

required upon arrest, criminal charge, conviction,

delinquency adjudication and certain ARD cases) and 2316.1

(relating to collection from persons accepted from other

jurisdictions) from persons who are incarcerated or confined

shall be [drawn] collected at the place of incarceration or

confinement as provided for in section 2316. DNA samples from

persons who are not ordered or sentenced to a term of

confinement shall be [drawn] collected at a prison, jail

unit, juvenile facility or other facility to be specified by

the court. Only those individuals qualified to draw DNA blood 

samples in a medically approved manner shall draw a DNA blood 

sample to be submitted for DNA analysis. Such sample and the

set of fingerprints provided for in paragraph (2) shall be

delivered to the State Police within 48 hours of [drawing] 

collecting the sample.

* * *

§ 2318.  Procedures for conduct, disposition and use of DNA

analysis.

(a)  Procedures.--

(1)  The State Police shall [prescribe] develop

guidelines to implement this chapter, including procedures to

be used in the collection, submission, identification,

analysis, storage and disposition of DNA samples and typing

results of DNA samples submitted under the former DNA Act,

former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing)

or this chapter.

(2)  The DNA sample typing results shall be securely

stored in the State DNA Data Base, and records of testing

shall be retained on file with the State Police consistent

with the procedures established by the FBI quality assurance

standards for forensic DNA testing laboratories and DNA data

basing laboratories and CODIS policies and procedures.

(3)  These procedures shall also include quality

assurance guidelines to ensure that DNA identification

records meet standards for accredited forensic DNA 

laboratories which submit DNA records to the State DNA Data

Base.

(4)  The  guidelines shall address the following:

(i)  Verification of accreditation.

(ii)  Compliance with FBI quality assurance standards

including continuing education requirements for the

personnel of forensics DNA testing laboratories.

* * *

(c)  Use of tests.--

(1)  Except as otherwise provided in section 2319(c)

(relating to DNA data base exchange), the tests to be

performed on each DNA sample shall be used only for law

enforcement identification purposes or to assist in the

recovery or identification of human remains from disasters or

for other humanitarian identification purposes, including

identification of missing persons.

(2)  No DNA sample or DNA record shall be used for human

behavioral genetic research.

* * *

Section 5.  Title 44 is amended by adding a section to read:

§ 2318.1.  Request for modified DNA search.

(a)  General rule.--

(1)  A criminal justice agency may request in writing

that the State Police perform a modified DNA search in an

unsolved case and shall provide information as required by

the State Police.

(2)  The State Police shall grant a request to conduct a

modified DNA search if the State Police determine that the

request complies with subsection (d)(2).

(b)  Modified DNA search.--

(1)  The State Police shall conduct a modified DNA search

if it grants a request under subsection (a)(2).

(2)  The State Police may conduct a modified DNA search

in unsolved cases without the request of a criminal justice

agency only if the State Police determine that they would

have granted a request had a request been made by a criminal

justice agency.

(3)  In all cases, the State Police shall use procedures

for conducting a modified DNA search that are consistent with

the regulations published under subsection (d)(3).

(c)  Release of information from a modified DNA search.--The

State Police shall provide the requesting criminal justice

agency with personally identifying information on individuals

whose DNA records were identified through a modified DNA search.

(d)  Requirements.--

(1)  The State Police shall require a criminal justice

agency to provide assurances and information in support of

its request for a modified DNA search, including:

(i)  A representation that a modified DNA search is

necessary for law enforcement identification purposes in

an unsolved case.

(ii)  A representation that all other investigative

leads have been pursued.

(iii)  A commitment to further investigate the case

if personal identifying information from a modified DNA

search is provided.

(iv)  Any other information the State Police deem

necessary.

(2)  The State Police shall grant a modified DNA search

request so long as the State Police determine that:

(i)  The crime scene DNA profile has sufficient size,

quality and integrity.

(ii)  The crime scene DNA profile has previously been

subjected to a routine DNA search against the State DNA

Data Base.

(iii)  The modified DNA search is necessary for law

enforcement identification purposes in an unsolved case.

(iv)  The criminal justice agency has pursued all

other investigative leads.

(v)  Any relevant consideration, including factors or

requirements considered by any other jurisdiction, 

supports granting the request.

(3)  The State Police shall adopt a procedure to conduct

modified DNA searches based on scientifically valid and

reliable methods to determine that a crime scene DNA profile

is sufficiently likely to have originated from a close

relative of an individual whose DNA profile is recorded in

the State DNA Data Base. The State Police may require the

following:

(i)  An analysis of the rarity in the relevant

population of each shared DNA characteristic.

(ii)  An analysis of the pattern of shared DNA

characteristics.

(iii)  Y chromosome analysis.

(iv)  Mitochondrial DNA analysis.

(v)  Any other suitable method designed to determine

that a crime scene DNA profile originated from a close

relative of an individual in the State DNA Data Base.

The State Police shall not be limited to procedures or

methods used by the FBI in conducting moderate or low

stringency CODIS searches.

Section 6.  Sections 2319(a) and (c) and 2321(a) and (b) of

Title 44 are amended to read:

§ 2319.  DNA data base exchange.

(a)  Receipt of DNA samples by State Police.--It shall be the

duty of the State Police to receive DNA samples, to store, to

perform analysis or to contract for DNA typing analysis with [a

qualified] an accredited forensic DNA laboratory that meets the

guidelines and regulations under section 2318 (relating to

procedures for conduct, disposition and use of DNA analysis) as

established by the State Police, to classify and to file the DNA

record of identification characteristic profiles of DNA samples

submitted under the former DNA Act, former 42 Pa.C.S. Ch. 47 

(relating to DNA data and testing) or this chapter and to make

such information available as provided in this section. The

State Police may contract [out] for the storage of DNA typing

analysis [and may contract out] or DNA typing analysis to [a

qualified] an accredited forensic DNA laboratory that meets

guidelines and regulations as established by the State Police

under section 2318. The results of the DNA profile of

individuals in the State DNA Data Base shall be made available:

(1)  to criminal justice agencies or [approved crime] 

CODIS-participating DNA laboratories which serve these

agencies; or

(2)  upon written or electronic request and in

furtherance of an official investigation of a criminal

offense or offender or suspected offender.

* * *

(c)  Population data base.--

(1)  The State Police may establish a separate population

data base comprised of DNA samples obtained under this

chapter after all personal identification is removed.

(2)  The State Police may share or disseminate the

population data base with other criminal justice agencies or

[crime] CODIS-participating DNA laboratories that serve to

assist the State Police with statistical data bases.

(3)  The population data base may be made available to

and searched by other agencies participating in the CODIS

system.

§ 2321.  Expungement.

[(a)  General rule.--A person whose DNA sample, record or

profile has been included in the State DNA Data Bank or the

State DNA Data Base pursuant to the former DNA Act, former 42

Pa.C.S. Ch. 47 (relating to DNA data and testing) or this

chapter may request expungement on the grounds that

  the  conviction or delinquency adjudication on which

the authority for including that person's DNA sample, record

or profile was based has been reversed and the case

dismissedor that

  the DNA sample, record or profile was included in the

State DNA Data Bank or the State DNA Data Base by mistake.

(b)  Duty of State Police.--The State Police shall  purge all

records and identifiable information in the State DNA Data Bank

or State DNA Data Base pertaining to the person and destroy each

sample, record and profile from the person upon:

(1)  receipt of a written request for expungement

pursuant to this section and a certified copy of the final

court order reversing and dismissing the conviction; or

(2)  clear and convincing proof that the sample record or

profile was included by mistake.]

(a)  General rule.--A person whose DNA sample, record or

profile has been included in the State DNA Data Bank or the

State DNA Data Base under the former DNA Act, former provisions

of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this

chapter may have the DNA sample, record or profile expunged in

accordance with this section.

(b)  Expungement by request.--A person whose DNA sample,

record or profile has been included in the State DNA Data Bank

or the State DNA Date Base under the former DNA Act, former

provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and

testing) or this chapter may file an expungement request with

the State Police on the grounds that the DNA sample, record or

profile was included in the State DNA Data Bank or the State DNA

Data Base by mistake. A person requesting expungement under this

subsection shall be required to prove that the DNA sample,

record or profile has been included in the State DNA Data Bank

or the State DNA Data Base by clear and convincing evidence.

(c)  Mandatory expungement.--The following shall apply:

(1)  Except as provided in paragraph (2), all records and

identifiable information, including any sample, record or

profile, in the State DNA Data Bank or the State DNA Data

Base pertaining to a person shall be destroyed in the

following instances:

(i)  the arrest, charge, conviction or delinquency

adjudication on which the authority for including the

person's DNA sample, record or profile was based has been

reversed and the case dismissed;

(ii)  the charge on which the authority for including

the person's DNA sample, record or profile has been

dismissed and the prosecuting authority is barred from

seeking a retrial;

(iii)  there has been a judgment of acquittal on the

charge on which the authority for including the person's

DNA sample, record or profile was based;

(iv)  the person from whom the sample was taken was

not charged with the crime on which the authority for

including the person's DNA sample, record or profile was

based;

(v)  the prosecuting authority has elected not to

commence criminal proceeding against the person for the

crime on which the authority for including the person's

DNA sample, record or profile was based;

(vi)  charges for the crime on which the authority

for including the person's DNA sample, record or profile

was based were not filed within the statute of

limitations; and

(vii)  the person is granted an unconditional pardon

for the crime on which the authority for including the

person's DNA sample, record or profile was based.

(2)  The provisions of paragraph (1) shall not apply if

the person has been arrested, charged, convicted or

adjudicated delinquent for any other crime for which a DNA

sample, record or profile is required under this chapter.

(d)  Disposition reporting.--All criminal justice agencies,

including law enforcement agencies, district attorneys and

courts shall submit reports of dispositions that require

mandatory expungement under subsection (c)(1) to the State

Police within 60 days of the date of such disposition. Courts

shall collect and submit criminal court dispositions as required

by the Administrative Office of Pennsylvania Courts.

(e)  Duties of State Police.--The following shall apply:

(1)  Upon receipt of any report of disposition under

subsection (d), the State Police shall immediately purge all

records and identifiable information in the State DNA Data

Bank or the State DNA Data Base pertaining to a person and

destroy each sample, record and profile of the person.

(2)  The expungement shall be processed at no cost to the

person from whom the DNA sample was taken.

(3)  The State Police shall provide written notice of the

expungement to the person and his attorney of record, if any,

within 45 days after expunging and destroying the sample,

record and profile.

(4)  The State Police shall provide the CODIS expungement

policy to any person whose sample, record and profile has

been expunged and destroyed under this section if such

information has been transferred to CODIS.

* * *

Section 7.  Title 44 is amended by adding a section to read:

§ 2337.  Severability.

The provisions of this chapter are severable. If any

provision of this chapter or its application to any person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this chapter which can be

given effect without the invalid provision or application.

Section 8.  This act shall take effect in 270 days.

Section 1.  Sections 2302, 2303, 2311(2), 2312, 2313, 2314,

<--

2315 and 2316 of Title 44 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 2302.  Policy.

The General Assembly finds and declares that:

(1)  DNA data banks are an important tool in criminal

investigations, in [the exclusion of] excluding innocent 

individuals who are the subject of criminal investigations or

prosecutions and in [deterring and detecting recidivist acts] 

detecting and deterring repeated crimes by the same

individual.

(2)  Several states have enacted laws requiring persons

arrested, charged or convicted of certain crimes, especially

sex offenses, to provide genetic samples for DNA profiling.

(2.1)  Several states have authorized the disclosure of

DNA profiles in their state's DNA data base where comparison

of DNA linked to a crime with the known offender DNA profile

in the data base establishes the likelihood of a close

familial relationship between the two.

(3)  Moreover, it is the policy of the Commonwealth to

assist Federal, State and local criminal justice and law

enforcement agencies in the identification and detection of

individuals in criminal investigations.

(4)  It is therefore in the best interest of the

Commonwealth to establish a DNA data base and a DNA data bank

containing DNA samples submitted by individuals arrested for,

charged with, convicted of, adjudicated delinquent for or

accepted into ARD for criminal homicides, felony sex offenses

and other specified offenses.

(5)  It is in the best interest of the Commonwealth to

authorize the State Police to use DNA analysis and to

identify these individuals to a criminal justice agency in

certain cases.

§ 2303.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Accredited forensic DNA laboratory."  A forensic DNA

laboratory that has received accreditation by an accrediting

body nationally recognized within the forensic science community

in accordance with the FBI Quality Assurance Standards to

perform forensic DNA testing and is in compliance with FBI

quality assurance standards.

"ARD."  Accelerated Rehabilitative Disposition.

"CODIS."  The [term is derived from] Combined DNA Index

System[, the Federal Bureau of Investigation's national DNA

identification index system that allows the storage and exchange

of DNA records submitted by state and local forensic DNA

laboratories] established and maintained by the Federal Bureau

of Investigation.

"Commissioner."  The Commissioner of the Pennsylvania State

Police.

"Crime scene DNA profile."  A DNA profile derived from a DNA

sample recovered from a victim, crime scene or item linked to a

crime, which may have originated from a perpetrator.

"Criminal homicide."  Any of the following:

(1)  18 Pa.C.S. § 2501 (relating to criminal homicide).

(2)  18 Pa.C.S. § 2502 (relating to murder).

(3)  18 Pa.C.S. § 2503 (relating to voluntary

manslaughter).

(4)  18 Pa.C.S. § 2504 (relating to involuntary

manslaughter), when the offense is graded as a felony.

(5)  18 Pa.C.S. § 2505 (relating to causing or aiding

suicide), when the offense is graded as a felony.

(6)  18 Pa.C.S. § 2506 (relating to drug delivery

resulting in death).

(7)  18 Pa.C.S. § 2507 (relating to criminal homicide of

law enforcement officer).

(8)  18 Pa.C.S. § 2603 (relating to criminal homicide of

unborn child).

(9)  18 Pa.C.S. § 2604 (relating to murder of unborn

child).

(10)  18 Pa.C.S. § 2605 (relating to voluntary

manslaughter of unborn child).

"Criminal justice agency."  A criminal justice agency as

defined in 18 Pa.C.S. § 9102 (relating to definitions).

"DNA."  Deoxyribonucleic acid[. DNA is located in the cells

and provides an individual's personal genetic blueprint. DNA]

located in the chromosomes or mitochondria of a living

organism's cells which encodes genetic information that is the

basis of human heredity and forensic identification.

"DNA record."  DNA profile and identification information

stored in the State DNA Data Base or the Combined DNA Index

System for the purpose of generating investigative leads or

supporting statistical interpretation of DNA test results. The

term includes nuclear and mitochondrial typing. The DNA record

is the result obtained from the DNA typing tests. [The DNA

record is comprised of the characteristics of a DNA sample which

are of value in establishing the identity of individuals. The

results of all DNA identification tests on an individual's DNA

sample are also collectively referred to as the DNA profile of

an individual.]

"DNA sample."  [A blood or tissue sample provided by any

person with respect to offenses covered by this chapter or

submitted to the Pennsylvania State Police laboratory pursuant

to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009,

No.14), known as the DNA Detection of Sexual and Violent

Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA

data and testing) or to this chapter for analysis or storage, or

both.] A sample of biological material suitable for DNA

analysis.

"FBI."  The Federal Bureau of Investigation.

"Felony sex offense."  A felony offense or an attempt,

conspiracy or solicitation to commit a felony offense under any

of the following:

18 Pa.C.S. Ch. 31 (relating to sexual offenses).

18 Pa.C.S. § 3130 (relating to conduct relating to sex

offenders).

18 Pa.C.S. § 4302 (relating to incest).

18 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv) 

(relating to prostitution and related offenses).

18 Pa.C.S. § 5903(a) (relating to obscene and other

sexual materials and performances) where the offense

constitutes a felony.

[18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor) where the most serious underlying offense for which

the defendant contacted the minor is graded as a felony.

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).]

Any offense graded as a felony requiring registration

under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

"Forensic DNA laboratory."  A laboratory that performs

forensic DNA testing for the purposes of identification.

"Forensic DNA testing."  A test that applies techniques from

molecular biology to analyze deoxyribonucleic acid (DNA) to

identify characteristics unique to a particular individual.

"Former DNA Act."  The former act of May 28, 1995 (1st

Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual

and Violent Offenders Act.

"Fund."  The DNA Detection Fund reestablished in section 2335

(relating to DNA Detection Fund).

"Human behavioral genetic research."  The study of the

possible genetic underpinnings of behaviors, including, but not

limited to, aggression, substance abuse, social attitudes,

mental abilities, sexual activity and eating habits.

"Law enforcement identification purposes."  Assisting in the

determination of the identity of an individual whose DNA is

contained in a biological sample.

"Mitochondrial DNA analysis."  A method that applies

techniques from molecular biology to analyze DNA found in the

mitochondria of cells.

"Modified DNA search."  A search of the State DNA Data Base,

using scientifically valid and reliable methods in accordance

with rules, regulations and guidelines promulgated under section

2318 (relating to procedures for conduct, disposition and use of

DNA analysis), to determine that a crime scene DNA profile is

sufficiently likely to have originated from a close relative of

an individual whose DNA profile is recorded in the State DNA

Data Base.

"Other specified offense."  Any of the following:

(1)  A felony offense, other than criminal homicide or a

felony sex offense.

[(2)  An offense under 18 Pa.C.S. § 2910 (relating to

luring a child into a motor vehicle or structure) or 3126

(relating to indecent assault) or an attempt to commit such

an offense.

(3)  An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders).]

(4)  18 Pa.C.S. § 2701(b)(2) (relating to simple

assault).

(5)  18 Pa.C.S. § 2902(a) (relating to unlawful

restraint).

(6)  18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal

trespass).

(7)  18 Pa.C.S. § 4303 (relating to concealing death of

child).

(8)  18 Pa.C.S. § 4305 (relating to dealing in infant

children).

(9)  A misdemeanor offense requiring registration under

42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

"State Police."  The Pennsylvania State Police.

"Y chromosome analysis."  A method that applies techniques

from molecular biology to examine DNA found on the Y chromosome.

§ 2311.  Powers and duties of State Police.

In addition to any other powers and duties conferred by this

chapter, the State Police shall:

* * * 

(2)  Promulgate [rules and regulations], as necessary,  

rules, regulations and guidelines to carry out the provisions

of this chapter.

* * *

§ 2312.  State DNA Data Base.

[The State DNA Data Base is reestablished. It shall be

administered by the State Police and provide DNA records to the

FBI for storage and maintenance by CODIS.] A Statewide DNA Data

Base is established within the State Police to store DNA records

from DNA samples submitted for analysis and storage to the State

Police laboratory under the former DNA Act, the former

provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and

testing) or to this chapter, and to provide DNA records to

CODIS. The State DNA Data Base shall have the capability

provided by computer software and procedures administered by the

State Police to store and maintain DNA records related to:

(1)  forensic casework;

(2)  [convicted] arrestees and convicted or delinquency

adjudicated offenders required to provide a DNA sample under

this chapter; and

(3)  anonymous DNA records used for statistical research

[or] on the frequency of DNA genotypes, quality control or

the development of new DNA identification methods.

§ 2313.  State DNA Data Bank.

The State DNA Data Bank is reestablished. It shall serve as

the repository of DNA samples collected under this chapter or

under prior law.

§ 2314.  State Police recommendation of additional offenses.

The State Police may recommend to the General Assembly that

it enact legislation for the inclusion of additional offenses

for which DNA samples shall be taken and otherwise subjected to

the provisions of this chapter. In determining whether to

recommend additional offenses, the State Police shall consider

those offenses for which DNA testing will have a substantial

impact on the detection and identification of sex offenders and

[violent] other offenders.

§ 2315.  Procedural compatibility with FBI.

The DNA identification system [as] established by the State

Police shall be compatible with the procedures [specified] 

established by the FBI quality assurance standards for forensic

DNA testing laboratories and DNA data basing laboratories and

CODIS policies and procedures, including use of comparable test

procedures, laboratory equipment, supplies and computer

software.

§ 2316.  DNA sample required [upon conviction, delinquency

adjudication and certain ARD cases].

(a)  [General rule] Conviction or adjudication.--A person who

is convicted or adjudicated delinquent for criminal homicide, a

felony sex offense or other specified offense or who is or

remains incarcerated for a felony sex offense or other specified

offense on or after the effective date of this chapter shall

have a DNA sample [drawn] collected as follows:

(1)  A person who is sentenced or receives a delinquency

disposition to a term of confinement for an offense covered

by this subsection shall have a DNA sample [drawn] collected 

upon intake to a prison, jail or juvenile detention facility

or any other detention facility or institution. If the person

is already confined at the time of sentencing or

adjudication, the person shall have a DNA sample [drawn] 

collected immediately after the sentencing or adjudication.

If a DNA sample is not timely [drawn] collected in accordance

with this section, the DNA sample may be [drawn] collected 

any time thereafter by the prison, jail, juvenile detention

facility, detention facility or institution.

(2)  A person who is convicted or adjudicated delinquent

for an offense covered by this subsection shall have a DNA

sample [drawn] collected as a condition for any sentence or

adjudication which disposition will not involve an intake

into a prison, jail, juvenile detention facility or any other

detention facility or institution.

(3)  Under no circumstances shall a person who is

convicted or adjudicated delinquent for an offense covered by

this subsection be released in any manner after such

disposition unless and until a DNA sample [has been

[withdrawn] and fingerprints have been collected.

(b)  Condition of release, probation or parole.--

(1)  A person who has been convicted or adjudicated

delinquent for criminal homicide, a felony sex offense or

other specified offense and who serves a term of confinement

in connection therewith after June 18, 2002, shall not be

released in any manner unless and until a DNA sample has been

[withdrawn] collected.

(2)  This chapter shall apply to incarcerated persons

convicted or adjudicated delinquent for criminal homicide, a

felony sex offense or other specified offense prior to June

19, 2002.

(3)  This chapter shall apply to incarcerated persons and

persons on probation or parole who were convicted or

adjudicated delinquent for criminal homicide, a felony sex

offense or other specified offenses prior to the effective

date of this paragraph.

(c)  Certain ARD cases.--Acceptance into ARD as a result of a

criminal charge for criminal homicide, a felony sex offense or

other specified offense filed after June 18, 2002, [may] shall 

be conditioned upon the [giving] collection of a DNA sample.

(c.1)  Arrest.--A person who is arrested in this Commonwealth

for criminal homicide and felony sex offenses shall have a DNA

sample collected as follows:

(1)  A person who is arrested for an offense covered

under this subsection shall have a DNA sample collected no

later than five days after the date of the arrest.

(2)  If a DNA sample is not timely collected in

accordance with this subsection, the DNA sample may be

collected any time thereafter by a law enforcement official,

prison, jail, juvenile detention facility, detention facility

or institution.