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"Arrest." The taking or keeping of a person in custody by
9legal authority or proceedings commenced by a police complaint
10that is proceeded against by summons or by a petition filed
11pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of
12proceedings).

13"CODIS." The [term is derived from] Combined DNA Index
14System[, the Federal Bureau of Investigation's national DNA
15identification index system that allows the storage and exchange
16of DNA records submitted by state and local forensic DNA
17laboratories] established and maintained by the Federal Bureau 
18of Investigation.

19"Commissioner." The Commissioner of the Pennsylvania State
20Police.

21"Crime scene DNA profile." A DNA profile derived from a DNA
22sample recovered from a victim, crime scene or item linked to a
23crime, which may have originated from a perpetrator.

24"Criminal homicide." Any of the following:

25(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).

26(2) 18 Pa.C.S. § 2502 (relating to murder).

27(3) 18 Pa.C.S. § 2503 (relating to voluntary
28manslaughter).

29(4) 18 Pa.C.S. § 2504 (relating to involuntary
30manslaughter), when the offense is graded as a felony.

1(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
2suicide), when the offense is graded as a felony.

3(6) 18 Pa.C.S. § 2506 (relating to drug delivery
4resulting in death).

5(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
6law enforcement officer).

7(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
8unborn child).

9(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
10child).

11(10) 18 Pa.C.S. § 2605 (relating to voluntary
12manslaughter of unborn child).

13"Criminal justice agency." A criminal justice agency as
14defined in 18 Pa.C.S. § 9102 (relating to definitions).

15"DNA." Deoxyribonucleic acid[. DNA is located in the cells
16and provides an individual's personal genetic blueprint. DNA]
17located in the chromosomes or mitochondria of a living 
18organism's cells which encodes genetic information that is the
19basis of human heredity and forensic identification.

20"DNA record." DNA profile and identification information
21stored in the State DNA Data Base or the Combined DNA Index
22System for the purpose of generating investigative leads or
23supporting statistical interpretation of DNA test results. The
24term includes nuclear and mitochondrial typing. The DNA record
25is the result obtained from the DNA typing tests. [The DNA
26record is comprised of the characteristics of a DNA sample which
27are of value in establishing the identity of individuals. The
28results of all DNA identification tests on an individual's DNA
29sample are also collectively referred to as the DNA profile of
30an individual.]

1"DNA sample." [A blood or tissue sample provided by any
2person with respect to offenses covered by this chapter or
3submitted to the Pennsylvania State Police laboratory pursuant
4to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009, 
5No.14), known as the DNA Detection of Sexual and Violent
6Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
7data and testing) or to this chapter for analysis or storage, or
8both.] A sample of biological material suitable for DNA 
9analysis.

10"FBI." The Federal Bureau of Investigation.

11"Felony sex offense." A felony offense or an attempt,
12conspiracy or solicitation to commit a felony offense under any
13of the following:

1418 Pa.C.S. Ch. 31 (relating to sexual offenses).

1518 Pa.C.S. § 3130 (relating to conduct relating to sex
16offenders).

1718 Pa.C.S. § 4302 (relating to incest).

1818 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
19(relating to prostitution and related offenses).

2018 Pa.C.S. § 5903(a) (relating to obscene and other
21sexual materials and performances) where the offense
22constitutes a felony.

23[18 Pa.C.S. § 6312 (relating to sexual abuse of
24children).

2518 Pa.C.S. § 6318 (relating to unlawful contact with
26minor) where the most serious underlying offense for which
27the defendant contacted the minor is graded as a felony.

2818 Pa.C.S. § 6320 (relating to sexual exploitation of
29children).]

30Any offense graded as a felony requiring registration

1under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
2sexual offenders).

3"Forensic DNA laboratory." A laboratory that performs
4forensic DNA testing for the purposes of identification.

5"Forensic DNA testing." A test that applies techniques from
6molecular biology to analyze deoxyribonucleic acid (DNA) to
7identify characteristics unique to a particular individual.

8"Former DNA Act." The former act of May 28, 1995 (1st 
9Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
10and Violent Offenders Act.

11"Fund." The DNA Detection Fund reestablished in section 2335
12(relating to DNA Detection Fund).

13"Human behavioral genetic research." The study of the
14possible genetic underpinnings of behaviors, including, but not
15limited to, aggression, substance abuse, social attitudes,
16mental abilities, sexual activity and eating habits.

17"Law enforcement identification purposes." Assisting in the
18determination of the identity of an individual whose DNA is
19contained in a biological sample.

20"Mitochondrial DNA analysis." A method that applies
21techniques from molecular biology to analyze DNA found in the
22mitochondria of cells.

23"Modified DNA search." A search of the State DNA Data Base,
24using scientifically valid and reliable methods in accordance
25with rules, regulations and guidelines promulgated under section
262318 (relating to procedures for conduct, disposition and use of
27DNA analysis), to determine that a crime scene DNA profile is
28sufficiently likely to have originated from a close relative of
29an individual whose DNA profile is recorded in the State DNA
30Data Base.

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

2(1) A felony offense, other than criminal homicide or a 
3felony sex offense.

4(2) [An offense under 18 Pa.C.S. § 2910 (relating to
5luring a child into a motor vehicle or structure) or 3126
6(relating to indecent assault) or an attempt to commit such
7an offense] (Reserved).

8(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
9(relating to registration of sexual offenders)] (Reserved).

10(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
11assault).

12(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

13(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
14trespass).

15(7) 18 Pa.C.S. § 4303 (relating to concealing death of
16child).

17(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
18children).

19(9) A misdemeanor offense requiring registration under
2042 Pa.C.S. Ch. 97 Subch. H (relating to registration of
21sexual offenders).

22"State Police." The Pennsylvania State Police.

23"Y chromosome analysis." A method that applies techniques
24from molecular biology to examine DNA found on the Y chromosome.

25§ 2311. Powers and duties of State Police.

26In addition to any other powers and duties conferred by this
27chapter, the State Police shall:

28* * *

29(2) Promulgate [rules and regulations], as necessary,
30rules, regulations and guidelines to carry out the provisions

1of this chapter.

2* * *

3§ 2312. State DNA Data Base.

4[The State DNA Data Base is reestablished. It shall be
5administered by the State Police and provide DNA records to the
6FBI for storage and maintenance by CODIS.] A Statewide DNA Data 
7Base is established within the State Police to store DNA records 
8from DNA samples submitted for analysis and storage to the State 
9Police laboratory under the former DNA Act, the former 
10provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and 
11testing) or to this chapter, and to provide DNA records to 
12CODIS. The State DNA Data Base shall have the capability
13provided by computer software and procedures administered by the
14State Police to store and maintain DNA records related to:

15(1) forensic casework;

16(2) [convicted] arrestees and convicted or delinquency 
17adjudicated offenders required to provide a DNA sample under
18this chapter; and

19(3) anonymous DNA records used for statistical research
20[or] on the frequency of DNA genotypes, quality control or 
21the development of new DNA identification methods.

22§ 2313. State DNA Data Bank.

23The State DNA Data Bank is reestablished. It shall serve as
24the repository of DNA samples collected under this chapter or 
25under prior law.

26§ 2314. State Police recommendation of additional offenses and 
27annual report.

28(a) Recommendation.--The State Police may recommend to the
29General Assembly that it enact legislation for the inclusion of
30additional offenses for which DNA samples shall be taken and

1otherwise subjected to the provisions of this chapter. In
2determining whether to recommend additional offenses, the State
3Police shall consider those offenses for which DNA testing will
4have a substantial impact on the detection and identification of
5sex offenders and [violent] other offenders.

6(b) Annual report.--No later than August 1 of each year, the
7commissioner shall submit to the Governor's Office, the majority
8and minority chairmen of the Senate Judiciary Committee and the
9majority and minority chairmen of the House Judiciary Committee,
10a written report containing information regarding the collection
11and testing of DNA samples under the provisions of this chapter.
12The report must include, but need not be limited to, the
13following information pertaining to the previous fiscal year:

14(1) The number of DNA samples <-collected at submitted
15from individuals upon arrest.

<-16(2) The number of DNA samples collected at arrest that
17contributed to the filing of charges in or the closing of
18investigations related to previously unsolved offenses.

19(3) The number of acquittals, convictions and dismissals
20in cases where DNA samples collected at arrest contributed to
21the filing of charges in previously unsolved offenses.

22(4) (2) The age, <-ethnicity, race and sex of arrestees
23from whom DNA samples were <-collected at submitted upon arrest
24and <-the age, race and sex of those convicted from whom DNA
25samples were submitted upon conviction.

<-26(5) (3) The fiscal impact on the State Police of
27collecting DNA samples from persons convicted of offenses.

<-28(6) (4) The fiscal impact on the State Police of
29collecting DNA samples from arrestees.

<-30(7) (5) The number of DNA samples collected at arrest

1that were expunged from the Statewide DNA Data Base. <-by
2request, by court order, as a result of acquittal, as a
3result of charges never having been filed and because charges
4filed were dismissed.

5(8) <-(6) The average length of time between the
6collection <-receipt of DNA samples from arrestees and from
7those convicted of offenses and the completion of forensic
8DNA testing of each of those categories of DNA samples.

<-9(9) (7) Recommendations, if any, under this section for
10the inclusion of additional offenses for which DNA samples
11must be collected or recommendations for the removal of
12specific offenses from the categories requiring the
13collection of DNA samples from arrestees or persons convicted
14of crimes.

15§ 2315. Procedural compatibility with FBI.

16The DNA identification system [as] established by the State
17Police shall be compatible with the procedures [specified]
18established by the FBI Quality Assurance Standards for forensic 
19DNA testing laboratories and DNA data basing laboratories and 
20CODIS policies and procedures, including use of comparable test
21procedures, laboratory equipment, supplies and computer
22software.

23§ 2316. DNA sample required [upon conviction, delinquency
24adjudication and certain ARD cases].

25(a) [General rule] Conviction or adjudication.--A person who
26is convicted or adjudicated delinquent for criminal homicide, a
27felony sex offense or other specified offense or who is or
28remains incarcerated for criminal homicide, a felony sex offense
29or other specified offense on or after the effective date of
30this chapter shall have a DNA sample [drawn] collected as

1follows:

2(1) A person who is sentenced or receives a delinquency
3disposition to a term of confinement for an offense covered
4by this subsection shall have a DNA sample [drawn] collected
5upon intake to a prison, jail or juvenile detention facility
6or any other detention facility or institution. If the person
7is already confined at the time of sentencing or
8adjudication, the person shall have a DNA sample [drawn]
9collected immediately after the sentencing or adjudication.
10If a DNA sample is not timely [drawn] collected in accordance
11with this section, the DNA sample may be [drawn] collected
12any time thereafter by the prison, jail, juvenile detention
13facility, detention facility or institution.

14(2) A person who is convicted or adjudicated delinquent
15for an offense covered by this subsection shall have a DNA
16sample [drawn] collected as a condition for any sentence or
17adjudication which disposition will not involve an intake
18into a prison, jail, juvenile detention facility or any other
19detention facility or institution.

20(3) Under no circumstances shall a person who is
21convicted or adjudicated delinquent for an offense covered by
22this subsection be released in any manner after such
23disposition unless and until a DNA sample [has been
24[withdrawn] and fingerprints have been collected.

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

26(1) A person who has been convicted or adjudicated
27delinquent for criminal homicide, a felony sex offense or
28other specified offense and who serves a term of confinement
29in connection therewith after June 18, 2002, shall not be
30released in any manner unless and until a DNA sample has been

1[withdrawn] collected.

2(2) This chapter shall apply to incarcerated persons
3convicted or adjudicated delinquent for criminal homicide, a
4felony sex offense or other specified offense prior to June
519, 2002.

6(3) This chapter shall apply to incarcerated persons and
7persons on probation or parole who were convicted or
8adjudicated delinquent for criminal homicide, a felony sex 
9offense or other specified offenses prior to the effective
10date of this paragraph.

11(c) Certain ARD cases.--Acceptance into ARD as a result of a
12criminal charge for criminal homicide, a felony sex offense or
13other specified offense filed after June 18, 2002, [may] shall
14be conditioned upon the [giving] collection of a DNA sample.

15(c.1) Arrest.--A person who is arrested in this Commonwealth
16for criminal homicide, felony sex offenses or other specified
17offenses shall have a DNA sample collected as follows:

18(1) A person who is arrested for an offense covered
19under this subsection shall have a DNA sample collected no
20later than five days after the date of the arrest.

21(2) 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(3) A person who is arrested for an offense covered
27under this subsection may not be released unless and until a
28DNA sample and fingerprints have been collected.

29(4) This subsection shall apply as follows:

30(i) Beginning one year after the effective date of

1this subsection, any person arrested for criminal
2homicide shall have a DNA sample collected under this
3subsection upon arrest.

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

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

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

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

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

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

12Section 2. Title 44 is amended by adding a section to read:

13§ 2316.1. Collection from persons accepted from other
14jurisdictions.

15(a) Conditional acceptance.--When a person is accepted into
16this Commonwealth for supervision from another jurisdiction
17under the Interstate Compact for Supervision of Adult Offenders,
18other reciprocal agreement with a Federal, state or county
19agency, or a provision of law, whether or not the person is
20confined or released, the acceptance shall be conditioned on the
21offender's providing DNA samples under this chapter if the
22offender has a past or present Federal, state or military court
23conviction or adjudication that is equivalent to criminal
24homicide, a felony sex offense or other specified offense as
25determined by the Pennsylvania Board of Probation and Parole.
26Additional DNA samples shall not be required if a DNA sample is
27currently on file with the State DNA Data Base.

28(b) Time period.--

29(1) If the person accepted under subsection (a) is not
30confined, the DNA sample and fingerprints required under this

1chapter shall be provided within five calendar days after the
2person reports to the supervising agent or within five
3calendar days of notice to the person, whichever occurs
4first. The person shall appear and the DNA samples shall be
5collected in accordance with the provisions of this chapter.

6(2) If the person accepted under subsection (a) is
7confined, the person shall provide the DNA sample and
8fingerprints required by this chapter within five calendar
9days after the person is received at a place of incarceration
10or confinement.

11Section 3. Sections 2317 heading and (a)(1) and (b) and
122318(a) and (c) of Title 44 are amended to read:

13§ 2317. Procedures for [withdrawal,] collection and
14transmission of DNA samples.

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

16(1) Each DNA sample required to be [drawn] collected
17pursuant to [section] sections 2316 (relating to DNA sample
18required [upon conviction, delinquency adjudication and
19certain ARD cases]) and 2316.1 (relating to collection from 
20persons accepted from other jurisdictions) from persons who
21are incarcerated or confined shall be [drawn] collected at
22the place of incarceration or confinement as provided for in
23section 2316. DNA samples from persons who are not ordered or
24sentenced to a term of confinement shall be [drawn] collected
25at a prison, jail unit, juvenile facility or other facility
26to be specified by the court. [Only] For DNA blood samples, 
27only those individuals qualified to draw DNA blood samples in
28a medically approved manner shall draw a DNA blood sample to
29be submitted for DNA analysis. [Such sample] DNA samples and
30the set of fingerprints provided for in paragraph (2) shall

1be delivered to the State Police within 48 hours of [drawing]
2collecting the sample.

3* * *

4(b) Limitation on liability.--Persons authorized to [draw]
5collect DNA samples under this section shall not be criminally
6liable for withdrawing a DNA sample and transmitting test
7results pursuant to this chapter if they perform these
8activities in good faith and shall not be civilly liable for
9such activities when the person acted in a reasonable manner
10according to generally accepted medical and other professional
11practices.

12* * *

13§ 2318. Procedures for conduct, disposition and use of DNA
14analysis.

15(a) Procedures.--

16(1) The State Police shall [prescribe] promulgate, as 
17necessary, rules, regulations and guidelines to implement 
18this chapter, including procedures to be used in the
19collection, submission, identification, analysis, storage and
20disposition of DNA samples and typing results of DNA samples
21submitted under the former DNA Act, former provisions of 42 
22Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
23chapter.

24(2) The DNA sample typing results shall be securely
25stored in the State DNA Data Base, and records of testing
26shall be retained on file with the State Police consistent
27with the procedures established by the FBI Quality Assurance 
28Standards for forensic DNA testing laboratories and DNA data 
29basing laboratories and CODIS policies and procedures.

30(3) These procedures shall also include quality

1assurance guidelines to ensure that DNA identification
2records meet standards for accredited forensic DNA
3laboratories which submit DNA records to the State DNA Data
4Base.

5(4) The rules, regulations and guidelines shall address 
6the following:

7(i) Verification of accreditation.

8(ii) Compliance with FBI Quality Assurance
9Standards, including continuing education requirements
10for the personnel of forensics DNA testing laboratories.

11* * *

12(c) Use of tests.--

13(1) Except as otherwise provided in section 2319(c)
14(relating to DNA data base exchange), the tests to be
15performed on each DNA sample shall be used only for law
16enforcement identification purposes or to assist in the
17recovery or identification of human remains from disasters or
18for other humanitarian identification purposes, including
19identification of missing persons.

20(2) No DNA sample or DNA record acquired under this
21chapter may be used for human behavioral genetic research or
22for nonlaw enforcement or nonhumanitarian identification
23purposes.

24* * *

25Section 4. Title 44 is amended by adding a section to read:

26§ 2318.1. Request for modified DNA search.

27(a) General rule.--

28(1) A criminal justice agency may request in writing
29that the State Police perform a modified DNA search in an
30unsolved case and shall provide information as required by

1the State Police.

2(2) The State Police may grant a request to conduct a
3modified DNA search if the State Police determine that the
4request complies with subsection (d)(2).

5(b) Modified DNA search.--

6(1) The State Police may conduct a modified DNA search
7if it grants a request under subsection (a)(2).

8(2) The State Police may conduct a modified DNA search
9in unsolved cases without the request of a criminal justice
10agency if the State Police determine that they would have
11granted a request had a request been made by a criminal
12justice agency.

13(3) In all cases, the State Police shall use procedures
14for conducting a modified DNA search that are consistent with
15the rules, regulations and guidelines promulgated under
16section 2318 (relating to procedures for conduct, disposition
17and use of DNA analysis).

18(c) Release of information from a modified DNA search.--The
19State Police shall provide the requesting criminal justice
20agency with personally identifying information on individuals
21whose DNA records were identified through a modified DNA search.

22(d) Requirements.--

23(1) The State Police shall require a criminal justice
24agency to provide assurances and information in support of
25its request for a modified DNA search, including:

26(i) A representation that a modified DNA search is
27necessary for law enforcement identification purposes in
28an unsolved case.

29(ii) A representation that all other investigative
30leads have been pursued.

1(iii) A commitment to further investigate the case
2if personal identifying information from a modified DNA
3search is provided.

4(iv) Any other information the State Police deem
5necessary.

6(2) The State Police may grant a modified DNA search 
7request if the State Police determine that:

8(i) The crime scene DNA profile has sufficient size, 
9quality and integrity.

10(ii) The crime scene DNA profile has previously been 
11subjected to a routine DNA search against the State DNA 
12Data Base.

13(iii) The modified DNA search is necessary for law 
14enforcement identification purposes in an unsolved case.

15(iv) The criminal justice agency has pursued all 
16other investigative leads.

17(v) Any relevant consideration, including factors or 
18requirements considered by any other jurisdiction, 
19supports granting the request.

20(3) The State Police procedures, promulgated under
21section 2318, to conduct modified DNA searches shall be based
22on scientifically valid and reliable methods to determine
23that a crime scene DNA profile is sufficiently likely to have
24originated from a close relative of an individual whose DNA
25profile is recorded in the State DNA Data Base. The State
26Police may require the following:

27(i) An analysis of the rarity in the relevant
28population of each shared DNA characteristic.

29(ii) An analysis of the pattern of shared DNA
30characteristics.

1(iii) Y chromosome analysis.

2(iv) Mitochondrial DNA analysis.

3(v) Any other suitable method designed to determine
4that a crime scene DNA profile originated from a close
5relative of an individual in the State DNA Data Base.

6Section 5. Sections 2319, 2321 and 2322 of Title 44 are
7amended to read:

8§ 2319. DNA data base exchange.

9(a) Receipt of DNA samples by State Police.--It shall be the
10duty of the State Police to receive DNA samples, to store, to
11perform analysis or to contract for DNA typing analysis with [a
12qualified] an accredited forensic DNA laboratory that meets the
13[guidelines] rules, regulations and guidelines under section 
142318 (relating to procedures for conduct, disposition and use of 
15DNA analysis) as established by the State Police, to classify
16and to file the DNA record of identification characteristic
17profiles of DNA samples submitted under the former DNA Act,
18former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
19testing) or this chapter and to make such information available
20as provided in this section. The State Police may contract [out]
21for the storage of DNA typing analysis [and may contract out] or
22DNA typing analysis to [a qualified] an accredited forensic DNA
23laboratory that meets the rules, regulations and guidelines as
24established by the State Police under section 2318. The results
25of the DNA profile of individuals in the State DNA Data Base
26shall be made available:

27(1) to criminal justice agencies or [approved crime]
28CODIS-participating DNA laboratories which serve these
29agencies; or

30(2) upon written or electronic request and in

1furtherance of an official investigation of a criminal
2offense or offender or suspected offender.

3(b) Methods of obtaining information.--The State Police
4shall [adopt] promulgate, as necessary, rules, regulations and
5guidelines governing the methods of obtaining information from
6the State DNA Data Base and CODIS and procedures for
7verification of the identity and authority of the requester.

8(c) Population data base.--

9(1) The State Police may establish a separate population
10data base comprised of DNA samples obtained under this
11chapter after all personal identification is removed.

12(2) The State Police may share or disseminate the
13population data base with other criminal justice agencies or
14[crime] CODIS-participating DNA laboratories that serve to
15assist the State Police with statistical data bases.

16(3) The population data base may be made available to 
17and searched by other agencies participating in the CODIS 
18system.

19(d) Separate category.--The State Police shall create a
20separate category within the data base to store DNA samples and
21records collected upon arrest under section 2316(c.1) (relating
22to DNA sample required).

23§ 2321. Expungement.

24[(a) General rule.--A person whose DNA sample, record or 
25profile has been included in the State DNA Data Bank or the 
26State DNA Data Base pursuant to the former DNA Act, former 42 
27Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
28chapter may request expungement on the grounds that the
29conviction or delinquency adjudication on which the authority
30for including that person's DNA sample, record or profile was

1based has been reversed and the case dismissed or that the DNA
2sample, record or profile was included in the State DNA Data
3Bank or the State DNA Data Base by mistake.

4(b) Duty of State Police.--The State Police shall purge all
5records and identifiable information in the State DNA Data Bank
6or State DNA Data Base pertaining to the person and destroy each
7sample, record and profile from the person upon:

8(1) receipt of a written request for expungement
9pursuant to this section and a certified copy of the final
10court order reversing and dismissing the conviction; or

11(2) clear and convincing proof that the sample record or
12profile was included by mistake.]

13(a) General rule.--A person whose DNA sample, record or 
14profile has been included in the State DNA Data Bank or the 
15State DNA Data Base under the former DNA Act, former provisions 
16of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
17chapter may have the DNA sample, record or profile expunged in 
18accordance with this section.

19(b) Removal by request.--A person whose DNA sample, record
20or profile has been included in the State DNA Data Bank or the
21State DNA Date Base under the former DNA Act, former provisions
22of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
23with the State Police on the grounds that the DNA sample, record
24or profile be removed on the grounds that the DNA sample, record
25or profile was included in the State DNA Data Bank or the State
26DNA Data Base by mistake. If the State Police grants the
27request, the request shall be processed at no cost and the State
28Police shall provide written notice of the removal to the person
29and his attorney of record, if any, within 60 days after
30destroying the DNA sample, record and profile. If the State

1Police erroneously denies the request, the person may request
2expungement of the DNA sample, record or profile under
3subsection (b.1).

4(b.1) Expungement by court order.--The following shall
5apply:

6(1) Except as provided under paragraph (2), a person may
7request the court of common pleas of the county where the
8original charges were filed to issue an order directing the
9expungement of the DNA sample, record or profile pertaining
10to the person in the State DNA Data Bank or the State DNA
11Data Base in the following instances:

12(i) the conviction or delinquency adjudication for
13which the person's DNA sample was collected has been
14reversed and no appeal is pending;

15(ii) the charge for which the DNA sample was taken
16has been dismissed, no appeal is pending and the
17prosecuting authority is barred from seeking a retrial;

18(iii) there has been a judgment of acquittal on the
19charge for which the DNA sample was taken;

20(iv) the person from whom the DNA sample was taken
21was not charged with a crime for which a DNA sample is
22authorized to be taken under this chapter;

23(v) the prosecuting authority has expressly declined
24to prosecute the charge for which the DNA sample was
25taken;

26(vi) the charge for which the DNA sample was taken
27was not filed within the statute of limitations;

28(vii) the person was granted an unconditional pardon
29for the crime for which the DNA sample was taken; or

30(viii) the DNA sample, record or profile was

1included in the State DNA Data Bank or State DNA Data
2Base by mistake and the State Police has erroneously
3refused to grant the person's request for removal under
4subsection (b).

5(2) Paragraph (1) shall not apply if the person has been
6arrested, charged, convicted or adjudicated delinquent for
7any other crime for which a DNA sample is required to be
8collected under this chapter.

9(3) The court shall give ten days' prior notice to the
10district attorney of the county where the original charges
11were filed of any application for expungement under this
12subsection.

13(4) Notwithstanding any other law or rule of court, the
14court shall have no authority to order the expungement of any
15DNA sample, record or profile in the State DNA Data Bank or
16the State DNA Data Base except as provided under this
17subsection.

18(b.2) Expungement reporting.--A person whose DNA sample,
19record or profile has been expunged under subsection (b.1) shall
20forward a certified copy of an expungement order issued under
21subsection (b.1) to the State Police.

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

23(1) Upon receipt of an expungement order issued under
24subsection (b.1), the State Police shall destroy the DNA
25sample, record and profile in the State DNA Data Bank and the
26State DNA Data Base pertaining to a person identified in an
27expungement order.

28(2) The expungement shall be processed at no cost to the
29person from whom the DNA sample was taken.

30(3) The State Police shall provide written notice of the

1expungement to the person and his attorney of record, if any,
2within 60 days after destroying the DNA sample, record and
3profile.

<-4(4) The State Police shall create and provide an
5expungement procedure informational pamphlet to any person
6whose DNA sample, record or profile has been taken or created
7under this chapter.

<-8(4) The State Police shall publish information regarding
9the eligibility requirements for expungement under this
10section and the steps necessary to obtain an expungement
11under this section on the State Police's publicly available
12Internet website. The State Police shall publish the
13information in at least two commonly accessible formats, such
14as HyperText Markup Language and Portable Document Format.

15(c) Limitations.--

16(1) An incarcerated or previously incarcerated person
17may not seek expungement of a DNA sample, record or profile
18on the ground that that person was convicted or adjudicated
19delinquent for a felony sex offense prior to July 27, 1995.

20(2) A person may not seek expungement of a DNA sample,
21record or profile on the ground that that person was
22convicted or adjudicated delinquent for one of the other
23specified offenses prior to the effective date of the former
24DNA Act or this chapter.

25(d) Effect of expungement.--The expungement of a DNA sample, 
26record or profile pursuant to this section shall have no effect 
27on any data bank or data base match or partial match occurring 
28prior to the expungement of the sample, record or profile.

29§ 2322. Mandatory cost.

30Unless the court finds that undue hardship would result, a

1mandatory cost of $250, which shall be in addition to any other
2costs imposed pursuant to statutory authority, shall
3automatically be assessed on any person convicted, adjudicated
4delinquent or granted ARD for criminal homicide, a felony sex
5offense or other specified offense, and all proceeds derived
6from this section shall be transmitted to the fund.

7Section 6. This act shall take effect in 60 days.