AN ACT

 

1Amending Title 44 (Law and Justice) of the Pennsylvania
2Consolidated Statutes, in DNA data and testing, further
3providing for policy, for definitions, for powers and duties
4of State Police, for State DNA Data Base, for State DNA Data
5Bank, for State Police recommendation of additional offenses,
6for procedural compatibility with FBI and for DNA sample
7required upon conviction, delinquency adjudication and
8certain ARD cases; providing for collection from persons
9accepted from other jurisdictions; further providing for
10procedures for withdrawal, collection and transmission of DNA
11samples, for procedures for conduct, disposition and use of
12DNA analysis; providing for request for modified DNA search;
13and further providing for DNA data base exchange, for
14expungement and for mandatory cost.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,
182315 and 2316 of Title 44 of the Pennsylvania Consolidated
19Statutes are amended to read:

20§ 2302. Policy.

21The 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 <-no
12later than five days after the date of the arrest. <-at the
13time fingerprints are collected pursuant to 18 Pa.C.S. § 9112
14(relating to mandatory fingerprinting). DNA collected shall
15be submitted to the Pennsylvania State Police within 48 hours
16in the manner prescribed by rules, regulations or guidelines
17promulgated under section 2318 (relating to procedures for
18conduct, disposition and use of DNA analysis).

19(2) A person who is arrested for an offense covered
20under this subsection may not be released until a DNA sample
21and fingerprints have been collected.

<-22(2) (3) If a DNA sample is not timely collected in
23accordance with this subsection, the DNA sample may be
24collected any time thereafter by a law enforcement official,
25prison, jail, juvenile detention facility, detention facility
26or institution.

<-27(3) A person who is arrested for an offense covered
28under this subsection may not be released unless and until a
29DNA sample and fingerprints have been collected.

30(4) This subsection shall apply as follows:

1(i) Beginning one year after the effective date of
2this subsection, any person arrested for criminal
3homicide shall have a DNA sample collected under this
4subsection upon arrest.

5(ii) Beginning two years after the effective date of
6this subsection, any person arrested for a felony sex
7offense shall have a DNA sample collected under this
8subsection upon arrest.

9(iii) Beginning three years after the effective date
10of this subsection, any person arrested for any other
11specified offense shall have a DNA sample collected under
12this subsection upon arrest.

13(d) Supervision of DNA samples.--All DNA samples taken
14pursuant to this section shall be taken in accordance with
15rules, regulations and guidelines promulgated by the State
16Police in consultation with the Department of Corrections.

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

1shall provide another DNA sample for inclusion in the State DNA
2Data Base and the State DNA Data Bank after being notified by
3authorized law enforcement or corrections personnel. The 
4collection of a DNA sample under this chapter shall not be 
5required if the authorized law enforcement or corrections 
6official confirms that a DNA sample from the person has already 
7been validly collected and provided to the State DNA Data <-Base 
8and the State DNA Data Bank. <-Bank and a DNA record for the 
9person exists in the State DNA Data Base.

10(e) Definition.--As used in this section, the term
11"released" means any release, parole, furlough, work release,
12prerelease or release in any other manner from a prison, jail,
13juvenile detention facility or any other place of confinement.

14Section 2. Title 44 is amended by adding a section to read:

15§ 2316.1. Collection from persons accepted from other
16jurisdictions.

17(a) Conditional acceptance.--When a person is accepted into
18this Commonwealth for supervision from another jurisdiction
19under the Interstate Compact for Supervision of Adult Offenders,
20other reciprocal agreement with a Federal, state or county
21agency, or a provision of law, whether or not the person is
22confined or released, the acceptance shall be conditioned on the
23offender's providing DNA samples under this chapter if the
24offender has a past or present Federal, state or military court
25conviction or adjudication that is equivalent to criminal
26homicide, a felony sex offense or other specified offense as
27determined by the Pennsylvania Board of Probation and Parole.
28Additional DNA samples shall not be required if a DNA sample is
29currently on file with the State DNA Data <-Bank and a DNA record 
30is currently on file in the State DNA Data Base.

1(b) Time period.--

2(1) If the person accepted under subsection (a) is not
3confined, the DNA sample and fingerprints required under this
4chapter shall be provided within five calendar days after the
5person reports to the supervising agent or within five
6calendar days of notice to the person, whichever occurs
7first. The person shall appear and the DNA samples shall be
8collected in accordance with the provisions of this chapter.

9(2) If the person accepted under subsection (a) is
10confined, the person shall provide the DNA sample and
11fingerprints required by this chapter within five calendar
12days after the person is received at a place of incarceration
13or confinement.

14Section 3. Sections 2317 heading and (a)(1) and (b) and
152318(a) and (c) of Title 44 are amended to read:

16§ 2317. Procedures for [withdrawal,] collection and
17transmission of DNA samples.

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

19(1) Each DNA sample required to be [drawn] collected
20pursuant to [section] sections 2316 (relating to DNA sample
21required [upon conviction, delinquency adjudication and
22certain ARD cases]) and 2316.1 (relating to collection from 
<-23persons accepted from other jurisdictions) from persons who 
24are incarcerated or confined shall be [drawn] collected at 
25the place of incarceration or confinement as provided for in 
26section 2316. DNA samples from persons who are not ordered or 
27sentenced to a term of confinement shall be [drawn] collected 
28at a prison, jail unit, juvenile facility or other facility 
29to be specified by the court. [Only] For DNA blood samples,

<-30persons accepted from other jurisdictions) [from] shall be

1collected as follows:

2(i) From persons who are incarcerated or confined, 
3the DNA sample shall be [drawn] collected at the place of
4incarceration or confinement as provided for in section
52316 or 2316.1.

6(ii) DNA samples from persons who are not [ordered 
7or sentenced to a term of confinement] incarcerated or 
8confined shall be [drawn] collected as prescribed in 
9sections 2316 and 2316.1 or at a prison, jail unit, 
10juvenile facility or other facility [to be] specified by 
11the court or supervising agent. [Only] For DNA blood 
12samples, only those individuals qualified to draw DNA 
13blood samples in a medically approved manner shall draw a 
14DNA blood sample to be submitted for DNA analysis. [Such 
15sample] DNA samples and the set of fingerprints provided 
16for in paragraph (2) shall be delivered to the State 
17Police within 48 hours of [drawing] collecting the 
18sample.

19* * *

20(b) Limitation on liability.--Persons authorized to [draw]
21collect DNA samples under this section shall not be criminally
22liable for withdrawing a DNA sample and transmitting test
23results pursuant to this chapter if they perform these
24activities in good faith and shall not be civilly liable for
25such activities when the person acted in a reasonable manner
26according to generally accepted medical and other professional
27practices.

28* * *

29§ 2318. Procedures for conduct, disposition and use of DNA
30analysis.

1(a) Procedures.--

2(1) The State Police shall [prescribe] promulgate, as 
3necessary, rules, regulations and guidelines to implement 
4this chapter, including procedures to be used in the
5collection, submission, identification, analysis, storage and
6disposition of DNA samples and typing results of DNA samples
7submitted under the former DNA Act, former provisions of 42 
8Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
9chapter.

10(2) The DNA sample typing results shall be securely
11stored in the State DNA Data Base, and records of testing
12shall be retained on file with the State Police consistent
13with the procedures established by the FBI Quality Assurance 
14Standards for forensic DNA testing laboratories and DNA data 
15basing laboratories and CODIS policies and procedures. <-No 
16sample typing results from a sample collected pursuant to 
17section 2316(c.1) (relating to DNA sample required) shall be 
18stored in the State DNA Data Base or submitted to the 
19National DNA Index System until the defendant has been held 
20for court for a qualifying offense after grand jury 
21indictment or waiver or preliminary hearing or waiver.

22(3) These procedures shall also include quality
23assurance guidelines to ensure that DNA identification
24records meet standards for accredited forensic DNA
25laboratories which submit DNA records to the State DNA Data
26Base.

27(4) The rules, regulations and guidelines shall address 
28the following:

29(i) Verification of accreditation.

30(ii) Compliance with FBI Quality Assurance

1Standards, including continuing education requirements
2for the personnel of forensics DNA testing laboratories.

3* * *

4(c) Use of tests.--

5(1) Except as otherwise provided in section 2319(c)
6(relating to DNA data base exchange), the tests to be
7performed on each DNA sample shall be used only for law
8enforcement identification purposes or to assist in the
9recovery or identification of human remains from disasters or
10for other humanitarian identification purposes, including
11identification of missing persons.

12(2) No DNA sample or DNA record acquired under this
13chapter may be used for human behavioral genetic research or
14for nonlaw enforcement or nonhumanitarian identification
15purposes.

16* * *

17Section 4. Title 44 is amended by adding a section to read:

18§ 2318.1. Request for modified DNA search.

19(a) General rule.--

20(1) A criminal justice agency may request in writing
21that the State Police perform a modified DNA search in an
22unsolved case and shall provide information as required by
23the State Police.

24(2) The State Police may grant a request to conduct a
25modified DNA search if the State Police determine that the
26request complies with subsection (d)(2).

27(b) Modified DNA search.--

28(1) The State Police may conduct a modified DNA search
29if it grants a request under subsection (a)(2).

30(2) The State Police may conduct a modified DNA search

1in unsolved cases without the request of a criminal justice
2agency if the State Police determine that they would have
3granted a request had a request been made by a criminal
4justice agency.

5(3) In all cases, the State Police shall use procedures
6for conducting a modified DNA search that are consistent with
7the rules, regulations and guidelines promulgated under
8section 2318 (relating to procedures for conduct, disposition
9and use of DNA analysis).

10(c) Release of information from a modified DNA search.--The
11State Police shall provide the requesting criminal justice
12agency with personally identifying information on individuals
13whose DNA records were identified through a modified DNA search.

14(d) Requirements.--

15(1) The State Police shall require a criminal justice
16agency to provide assurances and information in support of
17its request for a modified DNA search, including:

18(i) A representation that a modified DNA search is
19necessary for law enforcement identification purposes in
20an unsolved case.

21(ii) A representation that all other investigative
22leads have been pursued.

23(iii) A commitment to further investigate the case
24if personal identifying information from a modified DNA
25search is provided.

26(iv) Any other information the State Police deem
27necessary.

28(2) The State Police may grant a modified DNA search 
29request if the State Police determine that:

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

1quality and integrity.

2(ii) The crime scene DNA profile has previously been 
3subjected to a routine DNA search against the State DNA 
4Data Base <-and the National DNA Index System.

5(iii) The modified DNA search is necessary for law 
6enforcement identification purposes in an unsolved case.

7(iv) The criminal justice agency has pursued all 
8other investigative leads.

9(v) Any relevant consideration, including factors or 
10requirements considered by any other jurisdiction, 
11supports granting the request.

12(3) The State Police procedures, promulgated under
13section 2318, to conduct modified DNA searches shall be based
14on scientifically valid and reliable methods to determine
15that a crime scene DNA profile is sufficiently likely to have
16originated from a close relative of an individual whose DNA
17profile is recorded in the State DNA Data Base <-or the 
18National DNA Index System. The State Police may require the
19following:

20(i) An analysis of the rarity in the relevant
21population of each shared DNA characteristic.

22(ii) An analysis of the pattern of shared DNA
23characteristics.

24(iii) Y chromosome analysis.

25(iv) Mitochondrial DNA analysis.

26(v) Any other suitable method designed to determine
27that a crime scene DNA profile originated from a close
28relative of an individual in the State DNA Data Base <-or 
29the National DNA Index System.

30Section 5. Sections 2319, 2321 and 2322 of Title 44 are

1amended to read:

2§ 2319. DNA data base exchange.

3(a) Receipt of DNA samples by State Police.--It shall be the
4duty of the State Police to receive DNA samples, to store, to
5perform analysis or to contract for DNA typing analysis with [a
6qualified] an accredited forensic DNA laboratory that meets the
7[guidelines] rules, regulations and guidelines under section 
82318 (relating to procedures for conduct, disposition and use of 
9DNA analysis) as established by the State Police, to classify
10and to file the DNA record of identification characteristic
11profiles of DNA samples submitted under the former DNA Act,
12former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
13testing) or this chapter and to make such information available
14as provided in this section. The State Police may contract [out]
15for the storage of DNA typing analysis [and may contract out] or
16DNA typing analysis to [a qualified] an accredited forensic DNA
17laboratory that meets the rules, regulations and guidelines as
18established by the State Police under section 2318. The results
19of the DNA profile of individuals in the State DNA Data Base
20shall be made available:

21(1) to criminal justice agencies or [approved crime]
22CODIS-participating DNA laboratories which serve these
23agencies; or

24(2) upon written or electronic request and in
25furtherance of an official investigation of a criminal
26offense or offender or suspected offender.

27(b) Methods of obtaining information.--The State Police
28shall [adopt] promulgate, as necessary, rules, regulations and
29guidelines governing the methods of obtaining information from
30the State DNA Data Base and CODIS and procedures for

1verification of the identity and authority of the requester.

2(c) Population data base.--

3(1) The State Police may establish a separate population
4data base comprised of DNA samples obtained under this
5chapter after all personal identification is removed.

6(2) The State Police may share or disseminate the
7population data base with other criminal justice agencies or
8[crime] CODIS-participating DNA laboratories that serve to
9assist the State Police with statistical data bases.

10(3) The population data base may be made available to 
11and searched by other agencies participating in the CODIS 
12system.

13(d) Separate category.--The State Police shall create a
14separate category within the data base to store DNA samples and
15records collected upon arrest under section 2316(c.1) (relating
16to DNA sample required).

17§ 2321. Expungement.

18[(a) General rule.--A person whose DNA sample, record or 
19profile has been included in the State DNA Data Bank or the 
20State DNA Data Base pursuant to the former DNA Act, former 42 
21Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
22chapter may request expungement on the grounds that the
23conviction or delinquency adjudication on which the authority
24for including that person's DNA sample, record or profile was
25based has been reversed and the case dismissed or that the DNA
26sample, record or profile was included in the State DNA Data
27Bank or the State DNA Data Base by mistake.

28(b) Duty of State Police.--The State Police shall purge all
29records and identifiable information in the State DNA Data Bank
30or State DNA Data Base pertaining to the person and destroy each

1sample, record and profile from the person upon:

2(1) receipt of a written request for expungement
3pursuant to this section and a certified copy of the final
4court order reversing and dismissing the conviction; or

5(2) clear and convincing proof that the sample record or
6profile was included by mistake.]

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 under the former DNA Act, former provisions 
10of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
11chapter may have the DNA sample, record or profile expunged in 
12accordance with this section.

13(b) Removal by request.--A person whose DNA sample, record
14or profile has been included in the State DNA Data Bank or the
15State DNA Date Base under the former DNA Act, former provisions
16of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
17with the State Police on the grounds that the DNA sample, record
18or profile be removed on the grounds that the DNA sample, record
19or profile was included in the State DNA Data Bank or the State
20DNA Data Base by mistake. If the State Police grants the
21request, the request shall be processed at no cost and the State
22Police shall provide written notice of the removal to the person
23and his attorney of record, if any, within 60 days after
24destroying the DNA sample, record and profile. If the State
25Police erroneously denies the request, the person may <-request
26expungement of the DNA sample, record or profile under
27subsection (b.1).

28(b.1) Expungement by court order.--The following shall
29apply:

30(1) Except as provided under paragraph (2), a person may

1request the court of common pleas of the county where the
2original charges were filed to <-file a request for expungement
3of the DNA sample, record or profile with the court of common
4pleas of the county where the original charges were filed or
5the arrest for which the DNA sample, record or profile
6originated was made. Upon receipt of a request for
7expungement, the court shall serve notice upon the district
8attorney who shall file and serve objections, if any, within
930 days of service of notice. At a hearing on the request,
10the district attorney shall have the burden of showing by a
11preponderance of the evidence that the sample, record or
12profile should not be removed.

13(b.1) Expungement by court order.--The following shall
14apply:

15(1) Except as provided under paragraphs (2) and (3), the
16court 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 may issue an order
19directing the expungement of the DNA sample, record or
20profile pertaining to the person in the State DNA Data Bank
21or the State DNA Data Base in the following instances:

22(i) the conviction or delinquency adjudication for
23which the person's DNA sample was collected has been
24reversed and no appeal is pending;

25(ii) the charge for which the DNA sample was taken
26has been dismissed, no appeal is pending and the
27prosecuting authority is barred from <-seeking a retrial
<-28further prosecution;

29(iii) there has been a judgment of acquittal on the
30charge for which the DNA sample was taken <-and no further
 

1appeal is pending;

2(iv) the person from whom the DNA sample was taken
3was not charged with a crime for which a DNA sample is
4authorized to be taken under this chapter;

5(v) the prosecuting authority has expressly declined
6to prosecute the charge for which the DNA sample was
7taken;

8(vi) the charge for which the DNA sample was taken
9was not filed within the statute of limitations;

10(vii) the person was granted an unconditional pardon
11for the crime for which the DNA sample was taken; or

<-12(viii) the DNA sample, record or profile was
13included in the State DNA Data Bank or State DNA Data
14Base by mistake and the State Police has erroneously
15refused to grant the person's request for removal under
16subsection (b).

17(2) Paragraph (1) <-and subsection (b) shall not apply if
18the person has been arrested, charged, convicted or
19adjudicated delinquent for any other crime for which a DNA
20sample is required to be collected under this chapter.

<-21(3) The court shall give ten days' prior notice to the
22district attorney of the county where the original charges
23were filed of any application for expungement under this 
24subsection.

<-25(3) The court may not order expungement prior to 30 days 
26after serving notice to the district attorney. Within the 30-
27day period the district attorney may file objections to the 
28expungement. If the district attorney files objections, a 
29hearing shall be held at which the burden shall be on the 
30district attorney to show, by a preponderance of the
 

1evidence, that none of the circumstances in paragraph (1) are 
2present or, except for a motion filed under subparagraph (1)
3(iii), why the interests of justice will not be served and 
4expungement should not be ordered.

5(4) Notwithstanding any other law or rule of court, the
6court shall have no authority to order the expungement of any
7DNA sample, record or profile in the State DNA Data Bank or
8the State DNA Data Base except as provided under this
9subsection.

10(b.2) Expungement reporting.--<-A person whose DNA sample,
11record or profile has been expunged under subsection (b.1) <-The
12court shall forward a certified copy of an expungement order
13issued under subsection <-(b) or (b.1) to the State Police.

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

15(1) Upon receipt of an expungement order issued under
16subsection <-(b) or (b.1), the State Police shall destroy the
17DNA sample, record and profile in the State DNA Data Bank and
18the State DNA Data Base pertaining to a person identified in
19an expungement order.

20(2) The expungement shall be processed at no cost to the
21person from whom the DNA sample was taken.

22(3) The State Police shall provide written notice of the
23expungement to the person and his attorney of record, if any,
24within 60 days after destroying the DNA sample, record and
25profile.

26(4) The State Police shall publish information regarding
27the eligibility requirements for expungement under this
28section and the steps necessary to obtain an expungement
29under this section on the State Police's publicly available
30Internet website. <-The information shall include a simplified
 

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

8(c) Limitations.--

9(1) An incarcerated or previously incarcerated person
10may not seek expungement of a DNA sample, record or profile
11on the ground that that person was convicted or adjudicated
12delinquent for a felony sex offense prior to July 27, 1995.

13(2) A person may not seek expungement of a DNA sample,
14record or profile on the ground that that person was
15convicted or adjudicated delinquent for one of the other
16specified offenses prior to the effective date of the former
17DNA Act or this chapter.

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

22§ 2322. Mandatory cost.

23Unless the court finds that undue hardship would result, a
24mandatory cost of $250, which shall be in addition to any other
25costs imposed pursuant to statutory authority, shall
26automatically be assessed on any person convicted, adjudicated
27delinquent or granted ARD for criminal homicide, a felony sex
28offense or other specified offense, and all proceeds derived
29from this section shall be transmitted to the fund.

30Section 6. This act shall take effect in 60 days.