<-1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, defining the offense of online impersonation;
4prescribing a penalty; and providing for damages in actions
5for online impersonation.

<-6Amending Titles 42 (Judiciary and Judicial Procedure) and 44
7(Law and Justice) of the Pennsylvania Consolidated Statutes,
8in sentencing, providing for sentencing for offenses
9involving online impersonation; and, in DNA data and testing,
10further providing for policy, for definitions, for powers and
11duties of State Police, for State DNA Data Base, for State
12DNA Data Bank, for State Police recommendation of additional
13offenses, for procedural compatibility with FBI and for DNA
14sample required upon conviction, delinquency adjudication and
15certain ARD cases; providing for collection from persons
16accepted from other jurisdictions; further providing for
17procedures for withdrawal, collection and transmission of DNA
18samples, for procedures for conduct, disposition and use of
19DNA analysis; providing for request for modified DNA search;
20and further providing for DNA data base exchange, for
21expungement and for mandatory cost.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. Title <-18 42 of the Pennsylvania Consolidated

1Statutes is amended by adding a section to read:

<-2§ 4121. Online impersonation.

3(a) Offense defined.--A person commits the offense of online
4impersonation if the person:

5(1) uses the name, persona or identifying information of
6another person or of a fictitious person to do any of the
7following:

8(i) create a web page;

9(ii) post one or more messages on a commercial
10social networking site;

11(iii) send an electronic mail, instant message, text
12message or similar communication;

13(iv) open an e-mail account; or

14(v) open an account or profile on a commercial
15social networking site; and

16(2) <-the person engages in activity prohibited under any
17of the following:

18(i) Section 2706 (relating to terroristic threats);

19(ii) Section 2709 (relating to harassment);

20(iii) Section 2709.1 (relating to stalking);

21(iv) Section 4952 (relating to intimidation of
22witnesses or victims);

23(v) Section 4953 (relating to retaliation against
24witness, victim or party).

25(b) Grading.--A violation of subsection (a) shall be
26classified as a misdemeanor of the second degree or one degree
27higher in the classification specified in section 106 (relating
28to classes of offenses) than the classification of the
29underlying offense set forth in subsection (a)(2), whichever is
30greater. Each violation constitutes a separate offense.

1(c) Construction.--Nothing in this section shall be
2construed to apply to works of public interest, including
3commentary, satire and parody.

4(d) Territorial applicability.--A person may be convicted
5under the provisions of this section if the victim or the
6offender is located within this Commonwealth.

7(e) Concurrent jurisdiction to prosecute.--In addition to
8the authority conferred upon the Attorney General by the act of
9October 15, 1980 (P.L.950, No.164), known as the Commonwealth
10Attorneys Act, the Attorney General shall have the authority to
11investigate and to institute criminal proceedings for any
12violation of this section or any series of violations involving
13more than one county of this Commonwealth or another state. No
14person charged with a violation of this section by the Attorney
15General shall have standing to challenge the authority of the
16Attorney General to investigate or prosecute the case, and if a
17challenge is made, the challenge shall be dismissed, and no
18relief shall be made available in the courts of this
19Commonwealth to the person making the challenge.

<-20§ 9720.7. Sentencing for offenses involving online
21impersonation.

22(a) Sentence enhancement.--The Pennsylvania Commission on
23Sentencing, in accordance with section 2154 (relating to
24adoption of guidelines for sentencing), shall provide for a
25sentence enhancement within its guidelines for each of the
26following offenses, if the offense involved online
27impersonation:

28(1) 18 Pa.C.S. § 2706 (relating to terroristic threats).

29(2) 18 Pa.C.S. § 2709 (relating to harassment).

30(3) 18 Pa.C.S. § 2709.1 (relating to stalking).

1(4) 18 Pa.C.S. § 4952 (relating to intimidation of
2witnesses or victims).

3(5) 18 Pa.C.S. § 4953 (relating to retaliation against
4witness, victim or party).

<-5(f) (b) Definitions.--As used in this section, the following 
6words and phrases shall have the meanings given to them in this 
7subsection unless the context clearly indicates otherwise:

8"Commercial social networking site." A business,
9organization or other similar entity that operates an Internet
10website and permits persons to become registered users for the
11purpose of establishing personal relationships with other users
12through direct or real-time communication with other users or
13the creation of web pages or profiles available to the public or
14to other users. The term does not include an electronic mail
15program or a message board program.

16"Document." Any writing, including, but not limited to, a
17birth certificate, Social Security card, driver's license,
18nondriver government-issued identification card, baptismal
19certificate, access device card, employee identification card,
20school identification card or other identifying information
21recorded by any other method, including, but not limited to,
22information stored on a computer, computer disc, computer
23printout, computer system, or part thereof, or by any other
24mechanical or electronic means.

25"Identifying information." Any document, photographic,
26pictorial or computer image of another person or any fact used
27to establish identity, including, but not limited to, a name, <-e-
28mail <-electronic mail address, birth date, Social Security
29number, driver's license number, nondriver governmental
30identification number, telephone number, checking account

1number, savings account number, student identification number,
2employee or payroll number or electronic signature. The term
3includes a document, photographic, pictorial or computer image
4of a fictitious person or any fact used to establish identity as
5provided in this definition in the case of a fictitious person.

<-6Section 2. Title 42 is amended by adding a section to read:

7§ 8316.1. Damages in actions for online impersonation.

8(a) Cause of action established.--A person may bring a civil
9cause of action based upon online impersonation as defined in 18
10Pa.C.S. § 4121 (relating to online impersonation) in order to
11recover damages for any loss or injury sustained as a result of
12the violation.

13(b) Parties authorized to bring action.--An action may be
14brought by:

15(1) A natural person.

16(2) A parent or guardian of a natural person, if the
17natural person is incompetent or is an individual under 18
18years of age.

19(3) A corporation, partnership, limited liability
20company, business trust, other association, estate, trust or
21foundation.

22(c) Damages.--A court of competent jurisdiction may award
23damages as follows:

24(1) Actual damages arising from the incident or $500,
25whichever is greater. Damages include loss of money,
26reputation or property, whether real or personal. The court
27may, in its discretion, award up to three times the actual
28damages sustained, but not less than $500.

29(2) Reasonable attorney fees and court costs.

30(3) Additional relief the court deems necessary and

1proper.

2(d) Other remedies preserved.--Nothing in this section shall
3be construed to limit the ability of a person to receive
4restitution pursuant to 18 Pa.C.S. § 1106 (relating to
5restitution for injuries to person or property).

6(e) Nonapplicability.--The provisions of this section shall
7not be applicable to:

8(1) A law enforcement officer acting in the course and
9legitimate scope of the law enforcement officer's duties.

10(2) A person who acts within the course and legitimate
11scope of the person's employment in order to obtain evidence
12of unlawful activity.

13Section 3. This act shall take effect in 60 days.

<-14"Online impersonation." The use of the name, persona or
15identifying information of another person or of a fictitious
16person to do any of the following:

17(1) Create an Internet website.

18(2) Post one or more messages on a commercial social
19networking site.

20(3) Send an electronic mail, instant message, text
21message or similar communication.

22(4) Open an electronic mail account.

23(5) Open an account or profile on a commercial
24networking site.

25The term does not include a work of public interest, including
26commentary, satire and parody.

27Section 1.1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,
282315 and 2316 of Title 44 are amended to read:

29§ 2302. Policy.

30The General Assembly finds and declares that:

1(1) DNA data banks are an important tool in criminal
2investigations, in [the exclusion of] excluding innocent
3individuals who are the subject of criminal investigations or
4prosecutions and in [deterring and detecting recidivist acts]
5detecting and deterring repeated crimes by the same 
6individual.

7(2) Several states have enacted laws requiring persons
8arrested, charged or convicted of certain crimes, especially
9sex offenses, to provide genetic samples for DNA profiling.

10(2.1) Several states have authorized the disclosure of
11DNA profiles in their state's DNA data base where comparison
12of DNA linked to a crime with the known offender DNA profile
13in the data base establishes the likelihood of a close
14familial relationship between the two.

15(3) Moreover, it is the policy of the Commonwealth to
16assist Federal, State and local criminal justice and law
17enforcement agencies in the identification and detection of
18individuals in criminal investigations.

19(4) It is therefore in the best interest of the
20Commonwealth to establish a DNA data base and a DNA data bank
21containing DNA samples submitted by individuals arrested for, 
22charged with, convicted of, adjudicated delinquent for or
23accepted into ARD for criminal homicides, felony sex offenses
24and other specified offenses.

25(5) It is in the best interest of the Commonwealth to
26authorize the State Police to use DNA analysis and to
27identify these individuals to a criminal justice agency in
28certain cases.

29§ 2303. Definitions.

30The following words and phrases when used in this chapter

1shall have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Accredited forensic DNA laboratory." A forensic DNA
4laboratory that has received accreditation by an accrediting
5body nationally recognized within the forensic science community
6in accordance with the FBI Quality Assurance Standards to
7perform forensic DNA testing and is in compliance with FBI
8Quality Assurance Standards.

9"ARD." Accelerated Rehabilitative Disposition.

10"Arrest." The taking or keeping of a person in custody by
11legal authority or proceedings commenced by a police complaint
12that is proceeded against by summons or by a petition filed
13pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of
14proceedings).

15"CODIS." The [term is derived from] Combined DNA Index
16System[, the Federal Bureau of Investigation's national DNA
17identification index system that allows the storage and exchange
18of DNA records submitted by state and local forensic DNA
19laboratories] established and maintained by the Federal Bureau 
20of Investigation.

21"Commissioner." The Commissioner of the Pennsylvania State
22Police.

23"Crime scene DNA profile." A DNA profile derived from a DNA
24sample recovered from a victim, crime scene or item linked to a
25crime, which may have originated from a perpetrator.

26"Criminal homicide." Any of the following:

27(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).

28(2) 18 Pa.C.S. § 2502 (relating to murder).

29(3) 18 Pa.C.S. § 2503 (relating to voluntary
30manslaughter).

1(4) 18 Pa.C.S. § 2504 (relating to involuntary
2manslaughter), when the offense is graded as a felony.

3(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
4suicide), when the offense is graded as a felony.

5(6) 18 Pa.C.S. § 2506 (relating to drug delivery
6resulting in death).

7(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
8law enforcement officer).

9(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
10unborn child).

11(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
12child).

13(10) 18 Pa.C.S. § 2605 (relating to voluntary
14manslaughter of unborn child).

15"Criminal justice agency." A criminal justice agency as
16defined in 18 Pa.C.S. § 9102 (relating to definitions).

17"DNA." Deoxyribonucleic acid[. DNA is located in the cells
18and provides an individual's personal genetic blueprint. DNA]
19located in the chromosomes or mitochondria of a living 
20organism's cells which encodes genetic information that is the
21basis of human heredity and forensic identification.

22"DNA record." DNA profile and identification information
23stored in the State DNA Data Base or the Combined DNA Index
24System for the purpose of generating investigative leads or
25supporting statistical interpretation of DNA test results. The
26term includes nuclear and mitochondrial typing. The DNA record
27is the result obtained from the DNA typing tests. [The DNA
28record is comprised of the characteristics of a DNA sample which
29are of value in establishing the identity of individuals. The
30results of all DNA identification tests on an individual's DNA

1sample are also collectively referred to as the DNA profile of
2an individual.]

3"DNA sample." [A blood or tissue sample provided by any
4person with respect to offenses covered by this chapter or
5submitted to the Pennsylvania State Police laboratory pursuant
6to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009, 
7No.14), known as the DNA Detection of Sexual and Violent
8Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
9data and testing) or to this chapter for analysis or storage, or
10both.] A sample of biological material suitable for DNA 
11analysis.

12"FBI." The Federal Bureau of Investigation.

13"Felony sex offense." A felony offense or an attempt,
14conspiracy or solicitation to commit a felony offense under any
15of the following:

1618 Pa.C.S. Ch. 31 (relating to sexual offenses).

1718 Pa.C.S. § 3130 (relating to conduct relating to sex
18offenders).

1918 Pa.C.S. § 4302 (relating to incest).

2018 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
21(relating to prostitution and related offenses).

2218 Pa.C.S. § 5903(a) (relating to obscene and other
23sexual materials and performances) where the offense
24constitutes a felony.

25[18 Pa.C.S. § 6312 (relating to sexual abuse of
26children).

2718 Pa.C.S. § 6318 (relating to unlawful contact with
28minor) where the most serious underlying offense for which
29the defendant contacted the minor is graded as a felony.

3018 Pa.C.S. § 6320 (relating to sexual exploitation of

1children).]

2Any offense graded as a felony requiring registration
3under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
4sexual offenders).

5"Forensic DNA laboratory." A laboratory that performs
6forensic DNA testing for the purposes of identification.

7"Forensic DNA testing." A test that applies techniques from
8molecular biology to analyze deoxyribonucleic acid (DNA) to
9identify characteristics unique to a particular individual.

10"Former DNA Act." The former act of May 28, 1995 (1st 
11Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
12and Violent Offenders Act.

13"Fund." The DNA Detection Fund reestablished in section 2335
14(relating to DNA Detection Fund).

15"Human behavioral genetic research." The study of the
16possible genetic underpinnings of behaviors, including, but not
17limited to, aggression, substance abuse, social attitudes,
18mental abilities, sexual activity and eating habits.

19"Law enforcement identification purposes." Assisting in the
20determination of the identity of an individual whose DNA is
21contained in a biological sample.

22"Mitochondrial DNA analysis." A method that applies
23techniques from molecular biology to analyze DNA found in the
24mitochondria of cells.

25"Modified DNA search." A search of the State DNA Data Base,
26using scientifically valid and reliable methods in accordance
27with rules, regulations and guidelines promulgated under section
282318 (relating to procedures for conduct, disposition and use of
29DNA analysis), to determine that a crime scene DNA profile is
30sufficiently likely to have originated from a close relative of

1an individual whose DNA profile is recorded in the State DNA
2Data Base.

3"Other specified offense." Any of the following:

4(1) A felony offense, other than criminal homicide or a 
5felony sex offense.

6(2) [An offense under 18 Pa.C.S. § 2910 (relating to
7luring a child into a motor vehicle or structure) or 3126
8(relating to indecent assault) or an attempt to commit such
9an offense] (Reserved).

10(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
11(relating to registration of sexual offenders)] (Reserved).

12(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
13assault).

14(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

15(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
16trespass).

17(7) 18 Pa.C.S. § 4303 (relating to concealing death of
18child).

19(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
20children).

21(9) A misdemeanor offense requiring registration under
2242 Pa.C.S. Ch. 97 Subch. H (relating to registration of
23sexual offenders).

24"State Police." The Pennsylvania State Police.

25"Y chromosome analysis." A method that applies techniques
26from molecular biology to examine DNA found on the Y chromosome.

27§ 2311. Powers and duties of State Police.

28In addition to any other powers and duties conferred by this
29chapter, the State Police shall:

30* * *

1(2) Promulgate [rules and regulations], as necessary,
2rules, regulations and guidelines to carry out the provisions
3of this chapter.

4* * *

5§ 2312. State DNA Data Base.

6[The State DNA Data Base is reestablished. It shall be
7administered by the State Police and provide DNA records to the
8FBI for storage and maintenance by CODIS.] A Statewide DNA Data 
9Base is established within the State Police to store DNA records 
10from DNA samples submitted for analysis and storage to the State 
11Police laboratory under the former DNA Act, the former 
12provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and 
13testing) or to this chapter, and to provide DNA records to 
14CODIS. The State DNA Data Base shall have the capability
15provided by computer software and procedures administered by the
16State Police to store and maintain DNA records related to:

17(1) forensic casework;

18(2) [convicted] arrestees and convicted or delinquency 
19adjudicated offenders required to provide a DNA sample under
20this chapter; and

21(3) anonymous DNA records used for statistical research
22[or] on the frequency of DNA genotypes, quality control or 
23the development of new DNA identification methods.

24§ 2313. State DNA Data Bank.

25The State DNA Data Bank is reestablished. It shall serve as
26the repository of DNA samples collected under this chapter or 
27under prior law.

28§ 2314. State Police recommendation of additional offenses and 
29annual report.

30(a) Recommendation.--The State Police may recommend to the

1General Assembly that it enact legislation for the inclusion of
2additional offenses for which DNA samples shall be taken and
3otherwise subjected to the provisions of this chapter. In
4determining whether to recommend additional offenses, the State
5Police shall consider those offenses for which DNA testing will
6have a substantial impact on the detection and identification of
7sex offenders and [violent] other offenders.

8(b) Annual report.--No later than August 1 of each year, the
9commissioner shall submit to the Governor's Office, the majority
10and minority chairmen of the Senate Judiciary Committee and the
11majority and minority chairmen of the House Judiciary Committee,
12a written report containing information regarding the collection
13and testing of DNA samples under the provisions of this chapter.
14The report must include, but need not be limited to, the
15following information pertaining to the previous fiscal year:

16(1) The number of DNA samples submitted from individuals 
17upon arrest.

18(2) The age, race and sex of arrestees from whom DNA
19samples were submitted upon arrest and the age, race and sex 
20of those convicted from whom DNA samples were submitted upon
21conviction.

22(3) The fiscal impact on the State Police of collecting
23DNA samples from persons convicted of offenses.

24(4) The fiscal impact on the State Police of collecting
25DNA samples from arrestees.

26(5) The number of DNA samples collected at arrest that
27were expunged from the Statewide DNA Data Base.

28(6) The average length of time between the receipt of
29DNA samples from arrestees and from those convicted of
30offenses and the completion of forensic DNA testing of each

1of those categories of DNA samples.

2(7) Recommendations, if any, under this section for the
3inclusion of additional offenses for which DNA samples must
4be collected or recommendations for the removal of specific
5offenses from the categories requiring the collection of DNA
6samples from arrestees or persons convicted of crimes.

7§ 2315. Procedural compatibility with FBI.

8The DNA identification system [as] established by the State
9Police shall be compatible with the procedures [specified]
10established by the FBI Quality Assurance Standards for forensic 
11DNA testing laboratories and DNA data basing laboratories and 
12CODIS policies and procedures, including use of comparable test
13procedures, laboratory equipment, supplies and computer
14software.

15§ 2316. DNA sample required [upon conviction, delinquency
16adjudication and certain ARD cases].

17(a) [General rule] Conviction or adjudication.--A person who
18is convicted or adjudicated delinquent for criminal homicide, a
19felony sex offense or other specified offense or who is or
20remains incarcerated for criminal homicide, a felony sex offense
21or other specified offense on or after the effective date of
22this chapter shall have a DNA sample [drawn] collected as
23follows:

24(1) A person who is sentenced or receives a delinquency
25disposition to a term of confinement for an offense covered
26by this subsection shall have a DNA sample [drawn] collected
27upon intake to a prison, jail or juvenile detention facility
28or any other detention facility or institution. If the person
29is already confined at the time of sentencing or
30adjudication, the person shall have a DNA sample [drawn]

1collected immediately after the sentencing or adjudication.
2If a DNA sample is not timely [drawn] collected in accordance
3with this section, the DNA sample may be [drawn] collected
4any time thereafter by the prison, jail, juvenile detention
5facility, detention facility or institution.

6(2) A person who is convicted or adjudicated delinquent
7for an offense covered by this subsection shall have a DNA
8sample [drawn] collected as a condition for any sentence or
9adjudication which disposition will not involve an intake
10into a prison, jail, juvenile detention facility or any other
11detention facility or institution.

12(3) Under no circumstances shall a person who is
13convicted or adjudicated delinquent for an offense covered by
14this subsection be released in any manner after such
15disposition unless and until a DNA sample [has been
16[withdrawn] and fingerprints have been collected.

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

18(1) A person who has been convicted or adjudicated
19delinquent for criminal homicide, a felony sex offense or
20other specified offense and who serves a term of confinement
21in connection therewith after June 18, 2002, shall not be
22released in any manner unless and until a DNA sample has been
23[withdrawn] collected.

24(2) This chapter shall apply to incarcerated persons
25convicted or adjudicated delinquent for criminal homicide, a
26felony sex offense or other specified offense prior to June
2719, 2002.

28(3) This chapter shall apply to incarcerated persons and
29persons on probation or parole who were convicted or
30adjudicated delinquent for criminal homicide, a felony sex
 

1offense or other specified offenses prior to the effective
2date of this paragraph.

3(c) Certain ARD cases.--Acceptance into ARD as a result of a
4criminal charge for criminal homicide, a felony sex offense or
5other specified offense filed after June 18, 2002, [may] shall
6be conditioned upon the [giving] collection of a DNA sample.

7(c.1) Arrest.--A person who is arrested in this Commonwealth
8for criminal homicide, felony sex offenses or other specified 
9offenses shall have a DNA sample collected as follows:

10(1) A person who is arrested for an offense covered
11under this subsection shall have a DNA sample collected at
12the time fingerprints are collected pursuant to 18 Pa.C.S. §
139112 (relating to mandatory fingerprinting). DNA collected
14shall be submitted to the Pennsylvania State Police within 48
15hours in the manner prescribed by rules, regulations or
16guidelines promulgated under section 2318 (relating to
17procedures for conduct, disposition and use of DNA analysis).

18(2) A person who is arrested for an offense covered
19under this subsection may not be released until a DNA sample
20and fingerprints have been collected.

21(3) If a DNA sample is not timely collected in
22accordance with this subsection, the DNA sample may be
23collected any time thereafter by a law enforcement official,
24prison, jail, juvenile detention facility, detention facility
25or institution.

26(4) This subsection shall apply as follows:

27(i) Beginning one year after the effective date of
28this subsection, any person arrested for criminal
29homicide shall have a DNA sample collected under this
30subsection upon arrest.

1(ii) Beginning two years after the effective date of
2this subsection, any person arrested for a felony sex
3offense shall have a DNA sample collected under this
4subsection upon arrest.

5(iii) Beginning three years after the effective date
6of this subsection, any person arrested for any other
7specified offense shall have a DNA sample collected under
8this subsection upon arrest.

9(d) Supervision of DNA samples.--All DNA samples taken
10pursuant to this section shall be taken in accordance with
11rules, regulations and guidelines promulgated by the State
12Police in consultation with the Department of Corrections.

13(d.1) Mandatory submission.--The requirements of this
14chapter are mandatory and apply regardless of whether a court
15advises a person that a DNA sample must be provided to the State
16DNA Data Base and the State DNA Data Bank as a result of [a] an 
17arrest, conviction or adjudication of delinquency. A person who
18has been sentenced to death or life imprisonment without the
19possibility of parole or to any term of incarceration is not
20exempt from the requirements of this chapter. Any person subject
21to this chapter who has not provided a DNA sample for any
22reason, including because of an oversight or error, shall
23provide a DNA sample for inclusion in the State DNA Data Base
24and the State DNA Data Bank after being notified by authorized
25law enforcement or corrections personnel. If a person provides a
26DNA sample which is not adequate for any reason, the person
27shall provide another DNA sample for inclusion in the State DNA
28Data Base and the State DNA Data Bank after being notified by
29authorized law enforcement or corrections personnel. The 
30collection of a DNA sample under this chapter shall not be
 

1required if the authorized law enforcement or corrections 
2official confirms that a DNA sample from the person has already 
3been validly collected and provided to the State DNA Data Bank 
4and a DNA record for the person exists in the State DNA Data 
5Base.

6(e) Definition.--As used in this section, the term
7"released" means any release, parole, furlough, work release,
8prerelease or release in any other manner from a prison, jail,
9juvenile detention facility or any other place of confinement.

10Section 2. Title 44 is amended by adding a section to read:

11§ 2316.1. Collection from persons accepted from other
12jurisdictions.

13(a) Conditional acceptance.--When a person is accepted into
14this Commonwealth for supervision from another jurisdiction
15under the Interstate Compact for Supervision of Adult Offenders,
16other reciprocal agreement with a Federal, state or county
17agency, or a provision of law, whether or not the person is
18confined or released, the acceptance shall be conditioned on the
19offender's providing DNA samples under this chapter if the
20offender has a past or present Federal, state or military court
21conviction or adjudication that is equivalent to criminal
22homicide, a felony sex offense or other specified offense as
23determined by the Pennsylvania Board of Probation and Parole.
24Additional DNA samples shall not be required if a DNA sample is
25currently on file with the State DNA Data Bank and a DNA record 
26is currently on file in the State DNA Data Base.

27(b) Time period.--

28(1) If the person accepted under subsection (a) is not
29confined, the DNA sample and fingerprints required under this
30chapter shall be provided within five calendar days after the

1person reports to the supervising agent or within five
2calendar days of notice to the person, whichever occurs
3first. The person shall appear and the DNA samples shall be
4collected in accordance with the provisions of this chapter.

5(2) If the person accepted under subsection (a) is
6confined, the person shall provide the DNA sample and
7fingerprints required by this chapter within five calendar
8days after the person is received at a place of incarceration
9or confinement.

10Section 3. Sections 2317 heading and (a)(1) and (b) and
112318(a) and (c) of Title 44 are amended to read:

12§ 2317. Procedures for [withdrawal,] collection and
13transmission of DNA samples.

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

15(1) Each DNA sample required to be [drawn] collected
16pursuant to [section] sections 2316 (relating to DNA sample
17required [upon conviction, delinquency adjudication and
18certain ARD cases]) and 2316.1 (relating to collection from 
19persons accepted from other jurisdictions) [from] shall be 
20collected as follows:

21(i) From persons who are incarcerated or confined, 
22the DNA sample shall be [drawn] collected at the place of
23incarceration or confinement as provided for in section
242316 or 2316.1.

25(ii) DNA samples from persons who are not [ordered 
26or sentenced to a term of confinement] incarcerated or 
27confined shall be [drawn] collected as prescribed in 
28sections 2316 and 2316.1 or at a prison, jail unit, 
29juvenile facility or other facility [to be] specified by 
30the court or supervising agent. [Only] For DNA blood
 

1samples, only those individuals qualified to draw DNA 
2blood samples in a medically approved manner shall draw a 
3DNA blood sample to be submitted for DNA analysis. [Such 
4sample] DNA samples and the set of fingerprints provided 
5for in paragraph (2) shall be delivered to the State 
6Police within 48 hours of [drawing] collecting the 
7sample.

8* * *

9(b) Limitation on liability.--Persons authorized to [draw]
10collect DNA samples under this section shall not be criminally
11liable for withdrawing a DNA sample and transmitting test
12results pursuant to this chapter if they perform these
13activities in good faith and shall not be civilly liable for
14such activities when the person acted in a reasonable manner
15according to generally accepted medical and other professional
16practices.

17* * *

18§ 2318. Procedures for conduct, disposition and use of DNA
19analysis.

20(a) Procedures.--

21(1) The State Police shall [prescribe] promulgate, as 
22necessary, rules, regulations and guidelines to implement 
23this chapter, including procedures to be used in the
24collection, submission, identification, analysis, storage and
25disposition of DNA samples and typing results of DNA samples
26submitted under the former DNA Act, former provisions of 42 
27Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
28chapter.

29(2) The DNA sample typing results shall be securely
30stored in the State DNA Data Base, and records of testing

1shall be retained on file with the State Police consistent
2with the procedures established by the FBI Quality Assurance 
3Standards for forensic DNA testing laboratories and DNA data 
4basing laboratories and CODIS policies and procedures. No 
5sample typing results from a sample collected pursuant to 
6section 2316(c.1) (relating to DNA sample required) shall be 
7stored in the State DNA Data Base or submitted to the 
8National DNA Index System until the defendant has been held 
9for court for a qualifying offense after grand jury 
10indictment or waiver or preliminary hearing or waiver.

11(3) These procedures shall also include quality
12assurance guidelines to ensure that DNA identification
13records meet standards for accredited forensic DNA
14laboratories which submit DNA records to the State DNA Data
15Base.

16(4) The rules, regulations and guidelines shall address 
17the following:

18(i) Verification of accreditation.

19(ii) Compliance with FBI Quality Assurance
20Standards, including continuing education requirements
21for the personnel of forensics DNA testing laboratories.

22* * *

23(c) Use of tests.--

24(1) Except as otherwise provided in section 2319(c)
25(relating to DNA data base exchange), the tests to be
26performed on each DNA sample shall be used only for law
27enforcement identification purposes or to assist in the
28recovery or identification of human remains from disasters or
29for other humanitarian identification purposes, including
30identification of missing persons.

1(2) No DNA sample or DNA record acquired under this
2chapter may be used for human behavioral genetic research or
3for nonlaw enforcement or nonhumanitarian identification
4purposes.

5* * *

6Section 4. Title 44 is amended by adding a section to read:

7§ 2318.1. Request for modified DNA search.

8(a) General rule.--

9(1) A criminal justice agency may request in writing
10that the State Police perform a modified DNA search in an
11unsolved case and shall provide information as required by
12the State Police.

13(2) The State Police may grant a request to conduct a
14modified DNA search if the State Police determine that the
15request complies with subsection (d)(2).

16(b) Modified DNA search.--

17(1) The State Police may conduct a modified DNA search
18if it grants a request under subsection (a)(2).

19(2) The State Police may conduct a modified DNA search
20in unsolved cases without the request of a criminal justice
21agency if the State Police determine that they would have
22granted a request had a request been made by a criminal
23justice agency.

24(3) In all cases, the State Police shall use procedures
25for conducting a modified DNA search that are consistent with
26the rules, regulations and guidelines promulgated under
27section 2318 (relating to procedures for conduct, disposition
28and use of DNA analysis).

29(c) Release of information from a modified DNA search.--The
30State Police shall provide the requesting criminal justice

1agency with personally identifying information on individuals
2whose DNA records were identified through a modified DNA search.

3(d) Requirements.--

4(1) The State Police shall require a criminal justice
5agency to provide assurances and information in support of
6its request for a modified DNA search, including:

7(i) A representation that a modified DNA search is
8necessary for law enforcement identification purposes in
9an unsolved case.

10(ii) A representation that all other investigative
11leads have been pursued.

12(iii) A commitment to further investigate the case
13if personal identifying information from a modified DNA
14search is provided.

15(iv) Any other information the State Police deem
16necessary.

17(2) The State Police may grant a modified DNA search 
18request if the State Police determine that:

19(i) The crime scene DNA profile has sufficient size, 
20quality and integrity.

21(ii) The crime scene DNA profile has previously been 
22subjected to a routine DNA search against the State DNA 
23Data Base and the National DNA Index System.

24(iii) The modified DNA search is necessary for law 
25enforcement identification purposes in an unsolved case.

26(iv) The criminal justice agency has pursued all 
27other investigative leads.

28(v) Any relevant consideration, including factors or 
29requirements considered by any other jurisdiction, 
30supports granting the request.

1(3) The State Police procedures, promulgated under
2section 2318, to conduct modified DNA searches shall be based
3on scientifically valid and reliable methods to determine
4that a crime scene DNA profile is sufficiently likely to have
5originated from a close relative of an individual whose DNA
6profile is recorded in the State DNA Data Base or the 
7National DNA Index System. The State Police may require the
8following:

9(i) An analysis of the rarity in the relevant
10population of each shared DNA characteristic.

11(ii) An analysis of the pattern of shared DNA
12characteristics.

13(iii) Y chromosome analysis.

14(iv) Mitochondrial DNA analysis.

15(v) Any other suitable method designed to determine
16that a crime scene DNA profile originated from a close
17relative of an individual in the State DNA Data Base or 
18the National DNA Index System.

19Section 5. Sections 2319, 2321 and 2322 of Title 44 are
20amended to read:

21§ 2319. DNA data base exchange.

22(a) Receipt of DNA samples by State Police.--It shall be the
23duty of the State Police to receive DNA samples, to store, to
24perform analysis or to contract for DNA typing analysis with [a
25qualified] an accredited forensic DNA laboratory that meets the
26[guidelines] rules, regulations and guidelines under section 
272318 (relating to procedures for conduct, disposition and use of 
28DNA analysis) as established by the State Police, to classify
29and to file the DNA record of identification characteristic
30profiles of DNA samples submitted under the former DNA Act,

1former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
2testing) or this chapter and to make such information available
3as provided in this section. The State Police may contract [out]
4for the storage of DNA typing analysis [and may contract out] or
5DNA typing analysis to [a qualified] an accredited forensic DNA
6laboratory that meets the rules, regulations and guidelines as
7established by the State Police under section 2318. The results
8of the DNA profile of individuals in the State DNA Data Base
9shall be made available:

10(1) to criminal justice agencies or [approved crime]
11CODIS-participating DNA laboratories which serve these
12agencies; or

13(2) upon written or electronic request and in
14furtherance of an official investigation of a criminal
15offense or offender or suspected offender.

16(b) Methods of obtaining information.--The State Police
17shall [adopt] promulgate, as necessary, rules, regulations and
18guidelines governing the methods of obtaining information from
19the State DNA Data Base and CODIS and procedures for
20verification of the identity and authority of the requester.

21(c) Population data base.--

22(1) The State Police may establish a separate population
23data base comprised of DNA samples obtained under this
24chapter after all personal identification is removed.

25(2) The State Police may share or disseminate the
26population data base with other criminal justice agencies or
27[crime] CODIS-participating DNA laboratories that serve to
28assist the State Police with statistical data bases.

29(3) The population data base may be made available to 
30and searched by other agencies participating in the CODIS
 

1system.

2(d) Separate category.--The State Police shall create a
3separate category within the data base to store DNA samples and
4records collected upon arrest under section 2316(c.1) (relating
5to DNA sample required).

6§ 2321. Expungement.

7[(a) General rule.--A person whose DNA sample, record or 
8profile has been included in the State DNA Data Bank or the 
9State DNA Data Base pursuant to the former DNA Act, former 42 
10Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
11chapter may request expungement on the grounds that the
12conviction or delinquency adjudication on which the authority
13for including that person's DNA sample, record or profile was
14based has been reversed and the case dismissed or that the DNA
15sample, record or profile was included in the State DNA Data
16Bank or the State DNA Data Base by mistake.

17(b) Duty of State Police.--The State Police shall purge all
18records and identifiable information in the State DNA Data Bank
19or State DNA Data Base pertaining to the person and destroy each
20sample, record and profile from the person upon:

21(1) receipt of a written request for expungement
22pursuant to this section and a certified copy of the final
23court order reversing and dismissing the conviction; or

24(2) clear and convincing proof that the sample record or
25profile was included by mistake.]

26(a) General rule.--A person whose DNA sample, record or 
27profile has been included in the State DNA Data Bank or the 
28State DNA Data Base under the former DNA Act, former provisions 
29of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
30chapter may have the DNA sample, record or profile expunged in
 

1accordance with this section.

2(b) Removal by request.--A person whose DNA sample, record
3or profile has been included in the State DNA Data Bank or the
4State DNA Date Base under the former DNA Act, former provisions
5of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
6with the State Police on the grounds that the DNA sample, record
7or profile be removed on the grounds that the DNA sample, record
8or profile was included in the State DNA Data Bank or the State
9DNA Data Base by mistake. If the State Police grants the
10request, the request shall be processed at no cost and the State
11Police shall provide written notice of the removal to the person
12and his attorney of record, if any, within 60 days after
13destroying the DNA sample, record and profile. If the State
14Police erroneously denies the request, the person may file a
15request for expungement of the DNA sample, record or profile
16with the court of common pleas of the county where the original
17charges were filed or the arrest for which the DNA sample,
18record or profile originated was made. Upon receipt of a request
19for expungement, the court shall serve notice upon the district
20attorney who shall file and serve objections, if any, within 30
21days of service of notice. At a hearing on the request, the
22district attorney shall have the burden of showing by a
23preponderance of the evidence that the sample, record or profile
24should not be removed.

25(b.1) Expungement by court order.--The following shall
26apply:

27(1) Except as provided under paragraphs (2) and (3), the 
28court of common pleas of the county where the original 
29charges were filed or the arrest for which the DNA sample, 
30record or profile originated was made may issue an order

1directing the expungement of the DNA sample, record or
2profile pertaining to the person in the State DNA Data Bank
3or the State DNA Data Base in the following instances:

4(i) the conviction or delinquency adjudication for
5which the person's DNA sample was collected has been
6reversed and no appeal is pending;

7(ii) the charge for which the DNA sample was taken
8has been dismissed, no appeal is pending and the
9prosecuting authority is barred from further prosecution;

10(iii) there has been a judgment of acquittal on the
11charge for which the DNA sample was taken and no further 
12appeal is pending;

13(iv) the person from whom the DNA sample was taken
14was not charged with a crime for which a DNA sample is
15authorized to be taken under this chapter;

16(v) the prosecuting authority has expressly declined
17to prosecute the charge for which the DNA sample was
18taken;

19(vi) the charge for which the DNA sample was taken
20was not filed within the statute of limitations;

21(vii) the person was granted an unconditional pardon
22for the crime for which the DNA sample was taken; or

23(2) Paragraph (1) and subsection (b) shall not apply if
24the person has been arrested, charged, convicted or
25adjudicated delinquent for any other crime for which a DNA
26sample is required to be collected under this chapter.

27(3) The court may not order expungement prior to 30 days 
28after serving notice to the district attorney. Within the 30-
29day period the district attorney may file objections to the 
30expungement. If the district attorney files objections, a
 

1hearing shall be held at which the burden shall be on the 
2district attorney to show, by a preponderance of the 
3evidence, that none of the circumstances in paragraph (1) are 
4present or, except for a motion filed under subparagraph (1)
5(iii), why the interests of justice will not be served and 
6expungement should not be ordered.

7(4) Notwithstanding any other law or rule of court, the
8court shall have no authority to order the expungement of any
9DNA sample, record or profile in the State DNA Data Bank or
10the State DNA Data Base except as provided under this
11subsection.

12(b.2) Expungement reporting.--The court shall forward a
13certified copy of an expungement order issued under subsection 
14(b) or (b.1) to the State Police.

15(b.3) Duties of State Police.--The following shall apply:

16(1) Upon receipt of an expungement order issued under
17subsection (b) or (b.1), the State Police shall destroy the
18DNA sample, record and profile in the State DNA Data Bank and
19the State DNA Data Base pertaining to a person identified in
20an expungement order.

21(2) The expungement shall be processed at no cost to the
22person from whom the DNA sample was taken.

23(3) The State Police shall provide written notice of the
24expungement to the person and his attorney of record, if any,
25within 60 days after destroying the DNA sample, record and
26profile.

27(4) The State Police shall publish information regarding
28the eligibility requirements for expungement under this
29section and the steps necessary to obtain an expungement
30under this section on the State Police's publicly available

1Internet website. The information shall include a simplified
2form petition and proposed order, approved by the
3Administrative Office of Pennsylvania Courts, which can be
4used by the person to request an expungement from the court
5authorized under subsection (b) or (b.1). The State Police
6shall publish the information in at least two commonly
7accessible formats, such as HyperText Markup Language and
8Portable Document Format.

9(c) Limitations.--

10(1) An incarcerated or previously incarcerated person
11may not seek expungement of a DNA sample, record or profile
12on the ground that that person was convicted or adjudicated
13delinquent for a felony sex offense prior to July 27, 1995.

14(2) A person may not seek expungement of a DNA sample,
15record or profile on the ground that that person was
16convicted or adjudicated delinquent for one of the other
17specified offenses prior to the effective date of the former
18DNA Act or this chapter.

19(d) Effect of expungement.--The expungement of a DNA sample, 
20record or profile pursuant to this section shall have no effect 
21on any data bank or data base match or partial match occurring 
22prior to the expungement of the sample, record or profile.

23§ 2322. Mandatory cost.

24Unless the court finds that undue hardship would result, a
25mandatory cost of $250, which shall be in addition to any other
26costs imposed pursuant to statutory authority, shall
27automatically be assessed on any person convicted, adjudicated
28delinquent or granted ARD for criminal homicide, a felony sex
29offense or other specified offense, and all proceeds derived
30from this section shall be transmitted to the fund.

1Section 6. This act shall take effect in 60 days.