S0775B1602A06699     DMS:CDM  12/05/11     #90        A06699

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 775

Printer's No. 1602

  

1

Amend Bill, page 15, line 14, by striking out "that" and

2

inserting a comma

3

Amend Bill, page 17, line 14, by inserting a bracket before

4

"(a)"

5

Amend Bill, page 17, lines 18 and 19, by striking out ":" in

6

line 18 and "(1)" in line 19

7

Amend Bill, page 17, line 19, by striking out "arrest,

8

charge,"

9

Amend Bill, page 17, line 22, by striking out "; ["

10

Amend Bill, page 17, lines 22 through 27, by striking out the

11

bracket after "that" in line 22, all of lines 23 through 26 and

12

"(5)" in line 27

13

Amend Bill, page 18, line 1, by striking out "immediately"

14

Amend Bill, page 18, line 5, by striking out the bracket

15

before "written"

16

Amend Bill, page 18, line 6, by striking out the bracket

17

after "a"

18

Amend Bill, page 18, line 7, by striking out the bracket

19

before "or]"

20

Amend Bill, page 18, lines 7 through 11, by striking out the

- 1 -

 


1

bracket after "[or" in line 7 and all of lines 8 through 11

2

Amend Bill, page 18, line 13, by inserting after "mistake."

3

]

4

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

5

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

6

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

7

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

8

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

9

accordance with this section.

10

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

11

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

12

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

13

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

14

testing) or this chapter may file an expungement request with

15

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

16

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

17

Data Base by mistake. A person requesting expungement under this

18

subsection shall be required to prove that the DNA sample,

19

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

20

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

21

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

22

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

23

identifiable information, including any sample, record or

24

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

25

Base pertaining to a person shall be destroyed in the

26

following instances:

27

(i)  the arrest, charge, conviction or delinquency

28

adjudication on which the authority for including the

29

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

30

reversed and the case dismissed;

31

(ii)  the charge on which the authority for including

32

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

33

dismissed and the prosecuting authority is barred from

34

seeking a retrial;

35

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

36

charge on which the authority for including the person's

37

DNA sample, record or profile was based;

38

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

39

not charged with the crime on which the authority for

40

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

41

based;

42

(v)  the prosecuting authority has elected not to

43

commence criminal proceeding against the person for the

44

crime on which the authority for including the person's

45

DNA sample, record or profile was based;

46

(vi)  charges for the crime on which the authority

47

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

48

was based were not filed within the statute of

- 2 -

 


1

limitations; and

2

(vii)  the person is granted an unconditional pardon

3

for the crime on which the authority for including the

4

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

5

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

6

the person has been arrested, charged, convicted or

7

adjudicated delinquent for any other crime for which a DNA

8

sample, record or profile is required under this chapter.

9

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

10

including law enforcement agencies, district attorneys and

11

courts shall submit reports of dispositions that require

12

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

13

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

14

shall collect and submit criminal court dispositions as required

15

by the Administrative Office of Pennsylvania Courts.

16

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

17

(1)  Upon receipt of any report of disposition under

18

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

19

records and identifiable information in the State DNA Data

20

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

21

destroy each sample, record and profile of the person.

22

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

23

person from whom the DNA sample was taken.

24

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

25

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

26

within 45 days after expunging and destroying the sample,

27

record and profile.

28

(4)  The State Police shall provide the CODIS expungement

29

policy to any person whose sample, record and profile has

30

been expunged and destroyed under this section if such

31

information has been transferred to CODIS.

  

- 3 -