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:

22(1) DNA data banks are an important tool in criminal
23investigations, in [the exclusion of] excluding innocent

1individuals who are the subject of criminal investigations or
2prosecutions and in [deterring and detecting recidivist acts]
3detecting and deterring repeated crimes by the same 
4individual.

5(2) Several states have enacted laws requiring persons
6arrested, charged or convicted of certain crimes, especially
7sex offenses, to provide genetic samples for DNA profiling.

8(2.1) Several states have authorized the disclosure of
9DNA profiles in their state's DNA data base where comparison
10of DNA linked to a crime with the known offender DNA profile
11in the data base establishes the likelihood of a close
12familial relationship between the two.

13(3) Moreover, it is the policy of the Commonwealth to
14assist Federal, State and local criminal justice and law
15enforcement agencies in the identification and detection of
16individuals in criminal investigations.

17(4) It is therefore in the best interest of the
18Commonwealth to establish a DNA data base and a DNA data bank
19containing DNA samples submitted by individuals arrested for, 
20charged with, convicted of, adjudicated delinquent for or
21accepted into ARD for criminal homicides, felony sex offenses
22and other specified offenses.

23(5) It is in the best interest of the Commonwealth to
24authorize the State Police to use DNA analysis and to
25identify these individuals to a criminal justice agency in
26certain cases.

27§ 2303. Definitions.

28The following words and phrases when used in this chapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Accredited forensic DNA laboratory." A forensic DNA
2laboratory that has received accreditation by an accrediting
3body nationally recognized within the forensic science community
4in accordance with the FBI Quality Assurance Standards to
5perform forensic DNA testing and is in compliance with FBI
6Quality Assurance Standards.

7"ARD." Accelerated Rehabilitative Disposition.

8"CODIS." The [term is derived from] Combined DNA Index
9System[, the Federal Bureau of Investigation's national DNA
10identification index system that allows the storage and exchange
11of DNA records submitted by state and local forensic DNA
12laboratories] established and maintained by the Federal Bureau 
13of Investigation.

14"Commissioner." The Commissioner of the Pennsylvania State
15Police.

16"Crime scene DNA profile." A DNA profile derived from a DNA
17sample recovered from a victim, crime scene or item linked to a
18crime, which may have originated from a perpetrator.

19"Criminal homicide." Any of the following:

20(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).

21(2) 18 Pa.C.S. § 2502 (relating to murder).

22(3) 18 Pa.C.S. § 2503 (relating to voluntary
23manslaughter).

24(4) 18 Pa.C.S. § 2504 (relating to involuntary
25manslaughter), when the offense is graded as a felony.

26(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
27suicide), when the offense is graded as a felony.

28(6) 18 Pa.C.S. § 2506 (relating to drug delivery
29resulting in death).

30(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of

1law enforcement officer).

2(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
3unborn child).

4(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
5child).

6(10) 18 Pa.C.S. § 2605 (relating to voluntary
7manslaughter of unborn child).

8"Criminal justice agency." A criminal justice agency as
9defined in 18 Pa.C.S. § 9102 (relating to definitions).

10"DNA." Deoxyribonucleic acid[. DNA is located in the cells
11and provides an individual's personal genetic blueprint. DNA]
12located in the chromosomes or mitochondria of a living 
13organism's cells which encodes genetic information that is the
14basis of human heredity and forensic identification.

15"DNA record." DNA profile and identification information
16stored in the State DNA Data Base or the Combined DNA Index
17System for the purpose of generating investigative leads or
18supporting statistical interpretation of DNA test results. The
19term includes nuclear and mitochondrial typing. The DNA record
20is the result obtained from the DNA typing tests. [The DNA
21record is comprised of the characteristics of a DNA sample which
22are of value in establishing the identity of individuals. The
23results of all DNA identification tests on an individual's DNA
24sample are also collectively referred to as the DNA profile of
25an individual.]

26"DNA sample." [A blood or tissue sample provided by any
27person with respect to offenses covered by this chapter or
28submitted to the Pennsylvania State Police laboratory pursuant
29to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009, 
30No.14), known as the DNA Detection of Sexual and Violent

1Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
2data and testing) or to this chapter for analysis or storage, or
3both.] A sample of biological material suitable for DNA 
4analysis.

5"FBI." The Federal Bureau of Investigation.

6"Felony sex offense." A felony offense or an attempt,
7conspiracy or solicitation to commit a felony offense under any
8of the following:

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

1018 Pa.C.S. § 3130 (relating to conduct relating to sex
11offenders).

1218 Pa.C.S. § 4302 (relating to incest).

1318 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
14(relating to prostitution and related offenses).

1518 Pa.C.S. § 5903(a) (relating to obscene and other
16sexual materials and performances) where the offense
17constitutes a felony.

18[18 Pa.C.S. § 6312 (relating to sexual abuse of
19children).

2018 Pa.C.S. § 6318 (relating to unlawful contact with
21minor) where the most serious underlying offense for which
22the defendant contacted the minor is graded as a felony.

2318 Pa.C.S. § 6320 (relating to sexual exploitation of
24children).]

25Any offense graded as a felony requiring registration
26under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
27sexual offenders).

28"Forensic DNA laboratory." A laboratory that performs
29forensic DNA testing for the purposes of identification.

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

1molecular biology to analyze deoxyribonucleic acid (DNA) to
2identify characteristics unique to a particular individual.

3"Former DNA Act." The former act of May 28, 1995 (1st 
4Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
5and Violent Offenders Act.

6"Fund." The DNA Detection Fund reestablished in section 2335
7(relating to DNA Detection Fund).

8"Human behavioral genetic research." The study of the
9possible genetic underpinnings of behaviors, including, but not
10limited to, aggression, substance abuse, social attitudes,
11mental abilities, sexual activity and eating habits.

12"Law enforcement identification purposes." Assisting in the
13determination of the identity of an individual whose DNA is
14contained in a biological sample.

15"Mitochondrial DNA analysis." A method that applies
16techniques from molecular biology to analyze DNA found in the
17mitochondria of cells.

18"Modified DNA search." A search of the State DNA Data Base,
19using scientifically valid and reliable methods in accordance
20with rules, regulations and guidelines promulgated under section
212318 (relating to procedures for conduct, disposition and use of
22DNA analysis), to determine that a crime scene DNA profile is
23sufficiently likely to have originated from a close relative of
24an individual whose DNA profile is recorded in the State DNA
25Data Base.

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

27(1) A felony offense, other than criminal homicide or a 
28felony sex offense.

29(2) [An offense under 18 Pa.C.S. § 2910 (relating to
30luring a child into a motor vehicle or structure) or 3126

1(relating to indecent assault) or an attempt to commit such
2an offense] (Reserved).

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

5(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
6assault).

7(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

8(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
9trespass).

10(7) 18 Pa.C.S. § 4303 (relating to concealing death of
11child).

12(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
13children).

14(9) A misdemeanor offense requiring registration under
1542 Pa.C.S. Ch. 97 Subch. H (relating to registration of
16sexual offenders).

17"State Police." The Pennsylvania State Police.

18"Y chromosome analysis." A method that applies techniques
19from molecular biology to examine DNA found on the Y chromosome.

20§ 2311. Powers and duties of State Police.

21In addition to any other powers and duties conferred by this
22chapter, the State Police shall:

23* * *

24(2) Promulgate [rules and regulations], as necessary,
25rules, regulations and guidelines to carry out the provisions
26of this chapter.

27* * *

28§ 2312. State DNA Data Base.

29[The State DNA Data Base is reestablished. It shall be
30administered by the State Police and provide DNA records to the

1FBI for storage and maintenance by CODIS.] A Statewide DNA Data 
2Base is established within the State Police to store DNA records 
3from DNA samples submitted for analysis and storage to the State 
4Police laboratory under the former DNA Act, the former 
5provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and 
6testing) or to this chapter, and to provide DNA records to 
7CODIS. The State DNA Data Base shall have the capability
8provided by computer software and procedures administered by the
9State Police to store and maintain DNA records related to:

10(1) forensic casework;

11(2) [convicted] arrestees and convicted or delinquency 
12adjudicated offenders required to provide a DNA sample under
13this chapter; and

14(3) anonymous DNA records used for statistical research
15[or] on the frequency of DNA genotypes, quality control or 
16the development of new DNA identification methods.

17§ 2313. State DNA Data Bank.

18The State DNA Data Bank is reestablished. It shall serve as
19the repository of DNA samples collected under this chapter or 
20under prior law.

21§ 2314. State Police recommendation of additional offenses and 
22annual report.

23(a) Recommendation.--The State Police may recommend to the
24General Assembly that it enact legislation for the inclusion of
25additional offenses for which DNA samples shall be taken and
26otherwise subjected to the provisions of this chapter. In
27determining whether to recommend additional offenses, the State
28Police shall consider those offenses for which DNA testing will
29have a substantial impact on the detection and identification of
30sex offenders and [violent] other offenders.

1(b) Annual report.--No later than August 1 of each year, the
2commissioner shall submit to the Governor's Office, the majority
3and minority chairmen of the Senate Judiciary Committee and the
4majority and minority chairmen of the House Judiciary Committee,
5a written report containing information regarding the collection
6and testing of DNA samples under the provisions of this chapter.
7The report must include, but need not be limited to, the
8following information pertaining to the previous fiscal year:

9(1) The number of DNA samples collected at arrest.

10(2) The number of DNA samples collected at arrest that
11contributed to the filing of charges in or the closing of
12investigations related to previously unsolved offenses.

13(3) The number of acquittals, convictions and dismissals
14in cases where DNA samples collected at arrest contributed to
15the filing of charges in previously unsolved offenses.

16(4) The age, ethnicity, race and sex of arrestees from
17whom DNA samples were collected at arrest and upon
18conviction.

19(5) The fiscal impact on the State Police of collecting
20DNA samples from persons convicted of offenses.

21(6) The fiscal impact on the State Police of collecting
22DNA samples from arrestees.

23(7) The number of DNA samples collected at arrest that
24were expunged from the Statewide DNA Data Base by request, by
25court order, as a result of acquittal, as a result of charges
26never having been filed and because charges filed were
27dismissed.

28(8) The average length of time between the collection 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(9) 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 a felony sex offense or other specified
21offense on or after the effective date of this chapter shall
22have a DNA sample [drawn] collected as follows:

23(1) A person who is sentenced or receives a delinquency
24disposition to a term of confinement for an offense covered
25by this subsection shall have a DNA sample [drawn] collected
26upon intake to a prison, jail or juvenile detention facility
27or any other detention facility or institution. If the person
28is already confined at the time of sentencing or
29adjudication, the person shall have a DNA sample [drawn]
30collected immediately after the sentencing or adjudication.

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

5(2) A person who is convicted or adjudicated delinquent
6for an offense covered by this subsection shall have a DNA
7sample [drawn] collected as a condition for any sentence or
8adjudication which disposition will not involve an intake
9into a prison, jail, juvenile detention facility or any other
10detention facility or institution.

11(3) Under no circumstances shall a person who is
12convicted or adjudicated delinquent for an offense covered by
13this subsection be released in any manner after such
14disposition unless and until a DNA sample [has been
15[withdrawn] and fingerprints have been collected.

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

17(1) A person who has been convicted or adjudicated
18delinquent for criminal homicide, a felony sex offense or
19other specified offense and who serves a term of confinement
20in connection therewith after June 18, 2002, shall not be
21released in any manner unless and until a DNA sample has been
22[withdrawn] collected.

23(2) This chapter shall apply to incarcerated persons
24convicted or adjudicated delinquent for criminal homicide, a
25felony sex offense or other specified offense prior to June
2619, 2002.

27(3) This chapter shall apply to incarcerated persons and
28persons on probation or parole who were convicted or
29adjudicated delinquent for criminal homicide, a felony sex 
30offense or other specified offenses prior to the effective

1date of this paragraph.

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

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

9(1) A person who is arrested for an offense covered
10under this subsection shall have a DNA sample collected no
11later than five days after the date of the arrest.

12(2) If a DNA sample is not timely collected in
13accordance with this subsection, the DNA sample may be
14collected any time thereafter by a law enforcement official,
15prison, jail, juvenile detention facility, detention facility
16or institution.

17(3) A person who is arrested for an offense covered
18under this subsection may not be released unless and until a
19DNA sample and fingerprints have been collected.

20(4) This subsection shall apply as follows:

21(i) Beginning one year after the effective date of
22this subsection, any person arrested for criminal
23homicide shall have a DNA sample collected under this
24subsection upon arrest.

25(ii) Beginning two years after the effective date of
26this subsection, any person arrested for a felony sex
27offense shall have a DNA sample collected under this
28subsection upon arrest.

<-29(iii) Beginning three years after the effective date
30of this subsection, any person arrested for any other

1specified offense shall have a DNA sample collected under
2this subsection upon arrest.

3(d) Supervision of DNA samples.--All DNA samples taken
4pursuant to this section shall be taken in accordance with
5rules, regulations and guidelines promulgated by the State
6Police in consultation with the Department of Corrections.

7(d.1) Mandatory submission.--The requirements of this
8chapter are mandatory and apply regardless of whether a court
9advises a person that a DNA sample must be provided to the State
10DNA Data Base and the State DNA Data Bank as a result of [a] an 
11arrest, conviction or adjudication of delinquency. A person who
12has been sentenced to death or life imprisonment without the
13possibility of parole or to any term of incarceration is not
14exempt from the requirements of this chapter. Any person subject
15to this chapter who has not provided a DNA sample for any
16reason, including because of an oversight or error, shall
17provide a DNA sample for inclusion in the State DNA Data Base
18and the State DNA Data Bank after being notified by authorized
19law enforcement or corrections personnel. If a person provides a
20DNA sample which is not adequate for any reason, the person
21shall provide another DNA sample for inclusion in the State DNA
22Data Base and the State DNA Data Bank after being notified by
23authorized law enforcement or corrections personnel. The 
24collection of a DNA sample under this chapter shall not be 
25required if the authorized law enforcement or corrections 
26official confirms that a DNA sample from the person has already 
27been validly collected and provided to the State DNA Data Base 
28and the State DNA Data Bank.

29(e) Definition.--As used in this section, the term
30"released" means any release, parole, furlough, work release,

1prerelease or release in any other manner from a prison, jail,
2juvenile detention facility or any other place of confinement.

3Section 2. Title 44 is amended by adding a section to read:

4§ 2316.1. Collection from persons accepted from other
5jurisdictions.

6(a) Conditional acceptance.--When a person is accepted into
7this Commonwealth for supervision from another jurisdiction
8under the Interstate Compact for Supervision of Adult Offenders,
9other reciprocal agreement with a Federal, state or county
10agency, or a provision of law, whether or not the person is
11confined or released, the acceptance shall be conditioned on the
12offender's providing DNA samples under this chapter if the
13offender has a past or present Federal, state or military court
14conviction or adjudication that is equivalent to criminal
15homicide, a felony sex offense or other specified offense as
16determined by the Pennsylvania Board of Probation and Parole.
17Additional DNA samples shall not be required if a DNA sample is
18currently on file with the State DNA Data Base.

19(b) Time period.--

20(1) If the person accepted under subsection (a) is not
21confined, the DNA sample and fingerprints required under this
22chapter shall be provided within five calendar days after the
23person reports to the supervising agent or within five
24calendar days of notice to the person, whichever occurs
25first. The person shall appear and the DNA samples shall be
26collected in accordance with the provisions of this chapter.

27(2) If the person accepted under subsection (a) is
28confined, the person shall provide the DNA sample and
29fingerprints required by this chapter within five calendar
30days after the person is received at a place of incarceration

1or confinement.

2Section 3. Sections 2317 heading and (a)(1) and (b) and
32318(a) and (c) of Title 44 are amended to read:

4§ 2317. Procedures for [withdrawal,] collection and
5transmission of DNA samples.

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

7(1) Each DNA sample required to be [drawn] collected
8pursuant to [section] sections 2316 (relating to DNA sample
9required [upon conviction, delinquency adjudication and
10certain ARD cases]) and 2316.1 (relating to collection from 
11persons accepted from other jurisdictions) from persons who
12are incarcerated or confined shall be [drawn] collected at
13the place of incarceration or confinement as provided for in
14section 2316. DNA samples from persons who are not ordered or
15sentenced to a term of confinement shall be [drawn] collected
16at a prison, jail unit, juvenile facility or other facility
17to be specified by the court. [Only] For DNA blood samples, 
18only those individuals qualified to draw DNA blood samples in
19a medically approved manner shall draw a DNA blood sample to
20be submitted for DNA analysis. [Such sample] DNA samples and
21the set of fingerprints provided for in paragraph (2) shall
22be delivered to the State Police within 48 hours of [drawing]
23collecting the sample.

24* * *

25(b) Limitation on liability.--Persons authorized to [draw]
26collect DNA samples under this section shall not be criminally
27liable for withdrawing a DNA sample and transmitting test
28results pursuant to this chapter if they perform these
29activities in good faith and shall not be civilly liable for
30such activities when the person acted in a reasonable manner

1according to generally accepted medical and other professional
2practices.

3* * *

4§ 2318. Procedures for conduct, disposition and use of DNA
5analysis.

6(a) Procedures.--

7(1) The State Police shall [prescribe] promulgate, as 
8necessary, rules, regulations and guidelines to implement 
9this chapter, including procedures to be used in the
10collection, submission, identification, analysis, storage and
11disposition of DNA samples and typing results of DNA samples
12submitted under the former DNA Act, former provisions of 42 
13Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
14chapter.

15(2) The DNA sample typing results shall be securely
16stored in the State DNA Data Base, and records of testing
17shall be retained on file with the State Police consistent
18with the procedures established by the FBI Quality Assurance 
19Standards for forensic DNA testing laboratories and DNA data 
20basing laboratories and CODIS policies and procedures.

21(3) These procedures shall also include quality
22assurance guidelines to ensure that DNA identification
23records meet standards for accredited forensic DNA
24laboratories which submit DNA records to the State DNA Data
25Base.

26(4) The rules, regulations and guidelines shall address 
27the following:

28(i) Verification of accreditation.

29(ii) Compliance with FBI Quality Assurance
30Standards, including continuing education requirements

1for the personnel of forensics DNA testing laboratories.

2* * *

3(c) Use of tests.--

4(1) Except as otherwise provided in section 2319(c)
5(relating to DNA data base exchange), the tests to be
6performed on each DNA sample shall be used only for law
7enforcement identification purposes or to assist in the
8recovery or identification of human remains from disasters or
9for other humanitarian identification purposes, including
10identification of missing persons.

11(2) No DNA sample or DNA record acquired under this
12chapter may be used for human behavioral genetic research or
13for nonlaw enforcement or nonhumanitarian identification
14purposes.

15* * *

16Section 4. Title 44 is amended by adding a section to read:

17§ 2318.1. Request for modified DNA search.

18(a) General rule.--

19(1) A criminal justice agency may request in writing
20that the State Police perform a modified DNA search in an
21unsolved case and shall provide information as required by
22the State Police.

23(2) The State Police may grant a request to conduct a
24modified DNA search if the State Police determine that the
25request complies with subsection (d)(2).

26(b) Modified DNA search.--

27(1) The State Police may conduct a modified DNA search
28if it grants a request under subsection (a)(2).

29(2) The State Police may conduct a modified DNA search
30in unsolved cases without the request of a criminal justice

1agency if the State Police determine that they would have
2granted a request had a request been made by a criminal
3justice agency.

4(3) In all cases, the State Police shall use procedures
5for conducting a modified DNA search that are consistent with
6the rules, regulations and guidelines promulgated under
7section 2318 (relating to procedures for conduct, disposition
8and use of DNA analysis).

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

13(d) Requirements.--

14(1) The State Police shall require a criminal justice
15agency to provide assurances and information in support of
16its request for a modified DNA search, including:

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

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

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

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

27(2) The State Police shall grant a modified DNA search 
28request if the State Police determine that:

29(i) The crime scene DNA profile has sufficient size, 
30quality and integrity.

1(ii) The crime scene DNA profile has previously been 
2subjected to a routine DNA search against the State DNA 
3Data Base.

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

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

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

11(3) The State Police procedures, promulgated under
12section 2318, to conduct modified DNA searches shall be based
13on scientifically valid and reliable methods to determine
14that a crime scene DNA profile is sufficiently likely to have
15originated from a close relative of an individual whose DNA
16profile is recorded in the State DNA Data Base. The State
17Police may require the following:

18(i) An analysis of the rarity in the relevant
19population of each shared DNA characteristic.

20(ii) An analysis of the pattern of shared DNA
21characteristics.

22(iii) Y chromosome analysis.

23(iv) Mitochondrial DNA analysis.

24(v) Any other suitable method designed to determine
25that a crime scene DNA profile originated from a close
26relative of an individual in the State DNA Data Base.

27Section 5. Sections 2319, 2321 and 2322 of Title 44 are
28amended to read:

29§ 2319. DNA data base exchange.

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

1duty of the State Police to receive DNA samples, to store, to
2perform analysis or to contract for DNA typing analysis with [a
3qualified] an accredited forensic DNA laboratory that meets the
4[guidelines] rules, regulations and guidelines under section 
52318 (relating to procedures for conduct, disposition and use of 
6DNA analysis) as established by the State Police, to classify
7and to file the DNA record of identification characteristic
8profiles of DNA samples submitted under the former DNA Act,
9former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
10testing) or this chapter and to make such information available
11as provided in this section. The State Police may contract [out]
12for the storage of DNA typing analysis [and may contract out] or
13DNA typing analysis to [a qualified] an accredited forensic DNA
14laboratory that meets the rules, regulations and guidelines as
15established by the State Police under section 2318. The results
16of the DNA profile of individuals in the State DNA Data Base
17shall be made available:

18(1) to criminal justice agencies or [approved crime]
19CODIS-participating DNA laboratories which serve these
20agencies; or

21(2) upon written or electronic request and in
22furtherance of an official investigation of a criminal
23offense or offender or suspected offender.

24(b) Methods of obtaining information.--The State Police
25shall [adopt] promulgate, as necessary, rules, regulations and
26guidelines governing the methods of obtaining information from
27the State DNA Data Base and CODIS and procedures for
28verification of the identity and authority of the requester.

29(c) Population data base.--

30(1) The State Police may establish a separate population

1data base comprised of DNA samples obtained under this
2chapter after all personal identification is removed.

3(2) The State Police may share or disseminate the
4population data base with other criminal justice agencies or
5[crime] CODIS-participating DNA laboratories that serve to
6assist the State Police with statistical data bases.

7(3) The population data base may be made available to 
8and searched by other agencies participating in the CODIS 
9system.

10(d) Separate category.--The State Police shall create a
11separate category within the data base to store DNA samples and
12records collected upon arrest under section 2316(c.1) (relating
13to DNA sample required).

14§ 2321. Expungement.

15[(a) General rule.--A person whose DNA sample, record or 
16profile has been included in the State DNA Data Bank or the 
17State DNA Data Base pursuant to the former DNA Act, former 42 
18Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
19chapter may request expungement on the grounds that the
20conviction or delinquency adjudication on which the authority
21for including that person's DNA sample, record or profile was
22based has been reversed and the case dismissed or that the DNA
23sample, record or profile was included in the State DNA Data
24Bank or the State DNA Data Base by mistake.

25(b) Duty of State Police.--The State Police shall purge all
26records and identifiable information in the State DNA Data Bank
27or State DNA Data Base pertaining to the person and destroy each
28sample, record and profile from the person upon:

29(1) receipt of a written request for expungement
30pursuant to this section and a certified copy of the final

1court order reversing and dismissing the conviction; or

2(2) clear and convincing proof that the sample record or
3profile was included by mistake.]

4(a) General rule.--A person whose DNA sample, record or 
5profile has been included in the State DNA Data Bank or the 
6State DNA Data Base under the former DNA Act, former provisions 
7of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
8chapter may have the DNA sample, record or profile expunged in 
9accordance with this section.

10(b) Removal by request.--A person whose DNA sample, record
11or profile has been included in the State DNA Data Bank or the
12State DNA Date Base under the former DNA Act, former provisions
13of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
14with the State Police on the grounds that the DNA sample, record
15or profile be removed on the grounds that the DNA sample, record
16or profile was included in the State DNA Data Bank or the State
17DNA Data Base by mistake. If the State Police grants the
18request, the request shall be processed at no cost and the State
19Police shall provide written notice of the removal to the person
20and his attorney of record, if any, within 60 days after
21destroying the DNA sample, record and profile. If the State
22Police erroneously denies the request, the person may request
23expungement of the DNA sample, record or profile under
24subsection <-(c) (b.1).

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

27(1) Except as provided under paragraph (2), a person may
28request the court of common pleas of the county where the
29original charges were filed to issue an order directing the
30expungement of the DNA sample, record or profile pertaining

1to the person in the State DNA Data Bank or the State DNA
2Data Base in the following instances:

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

6(ii) the charge for which the DNA sample was taken
7has been dismissed, no appeal is pending and the
8prosecuting authority is barred from seeking a retrial;

9(iii) there has been a judgment of acquittal on the
10charge for which the DNA sample was taken;

11(iv) the person from whom the DNA sample was taken
12was not charged with a crime for which a DNA sample is
13authorized to be taken under this chapter;

14(v) the prosecuting authority has expressly declined
15to prosecute the charge for which the DNA sample was
16taken;

17(vi) the charge for which the DNA sample was taken
18was not filed within the statute of limitations;

19(vii) the person was granted an unconditional pardon
20for the crime for which the DNA sample was taken; or

21(viii) the DNA sample, record or profile was
22included in the State DNA Data Bank or State DNA Data
23Base by mistake and the State Police has erroneously
24refused to grant the person's request for removal under
25subsection (b).

26(2) Paragraph (1) shall not apply if the person has been
27arrested, charged, convicted or adjudicated delinquent for
28any other crime for which a DNA sample is required to be
29collected under this chapter.

30(3) The court shall give ten days' prior notice to the

1district attorney of the county where the original charges
2were filed of any application for expungement under
<-3subsection (c)(1) this subsection.

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

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

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

14(1) Upon receipt of an expungement order issued under
15subsection <-(c) (b.1), the State Police shall destroy the DNA
16sample, record and profile in the State DNA Data Bank and the
17State DNA Data Base pertaining to a person identified in an
18expungement order.

19(2) The expungement shall be processed at no cost to the
20person from whom the DNA sample was taken.

21(3) The State Police shall provide written notice of the
22expungement to the person and his attorney of record, if any,
23within 60 days after destroying the DNA sample, record and
24profile.

25(c) Limitations.--

26(1) An incarcerated or previously incarcerated person
27may not seek expungement of a DNA sample, record or profile
28on the ground that that person was convicted or adjudicated
29delinquent for a felony sex offense prior to July 27, 1995.

30(2) A person may not seek expungement of a DNA sample,

1record or profile on the ground that that person was
2convicted or adjudicated delinquent for one of the other
3specified offenses prior to the effective date of the former
4DNA Act or this chapter.

5(d) Effect of expungement.--The expungement of a DNA sample, 
6record or profile pursuant to this section shall have no effect 
7on any data bank or data base match or partial match occurring 
8prior to the expungement of the sample, record or profile.

9§ 2322. Mandatory cost.

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

17Section 6. This act shall take effect in 60 days.