PRINTER'S NO. 970
No. 835 Session of 2003
INTRODUCED BY MAITLAND, GILLESPIE, KELLER, BAKER, BALDWIN,
BASTIAN, BELFANTI, BROWNE, BUNT, CAPPELLI, CREIGHTON,
FLEAGLE, FLICK, GEIST, HENNESSEY, HERMAN, HICKERNELL, HORSEY,
JOSEPHS, LAUGHLIN, MACKERETH, McGEEHAN, R. MILLER, S. MILLER,
MUNDY, PAYNE, READSHAW, RUBLEY, SAINATO, SOLOBAY, STABACK,
STEIL, SURRA, J. TAYLOR, TIGUE, TRUE AND E. Z. TAYLOR,
MARCH 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 scope of chapter relating to DNA data and testing, for the
4 definition of "other specified offense," for DNA sample
5 required upon conviction, delinquency adjudication and
6 certain ARD cases and for expungement.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 4701 of Title 42 of the Pennsylvania
10 Consolidated Statutes is amended to read:
11 § 4701. Scope of chapter.
12 This chapter provides for DNA detection of sexual [and
13 violent] offenders and other felony offenders.
14 Section 2. The definition of "other specified offense" in
15 section 4703 of Title 42 is amended to read:
16 § 4703. Definitions.
17 The following words and phrases when used in this chapter
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 * * *
4 "Other specified offense." [An] Any felony offense or an
5 attempt, conspiracy or solicitation to commit [an offense under
6 any of the following:
7 18 Pa.C.S. § 2502 (relating to murder).
8 18 Pa.C.S. § 2709(c)(2)(ii) (relating to harassment and
9 stalking).
10 18 Pa.C.S. § 2901 (relating to kidnapping).
11 18 Pa.C.S. § 2910 (relating to luring a child into a
12 motor vehicle).
13 18 Pa.C.S. § 3126 (relating to indecent assault).
14 18 Pa.C.S. § 3502 (relating to burglary).
15 18 Pa.C.S. § 3701 (relating to robbery).] any felony
16 offense.
17 * * *
18 Section 3. Section 4716(b) of Title 42 is amended by adding
19 a paragraph to read:
20 § 4716. DNA sample required upon conviction, delinquency
21 adjudication and certain ARD cases.
22 * * *
23 (b) Condition of release.--
24 * * *
25 (3) This chapter shall apply to incarcerated persons
26 convicted or adjudicated delinquent for other specified
27 offenses prior to the effective date of this paragraph.
28 * * *
29 Section 4. Section 4721(c) of Title 42 is amended to read:
30 § 4721. Expungement.
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1 * * *
2 (c) [Limitation] Limitations.--
3 (1) An incarcerated or previously incarcerated person
4 may not seek expungement of a DNA record or profile on the
5 ground that that person was convicted or adjudicated
6 delinquent for a felony sex offense prior to the effective
7 date of the former DNA Act or prior to the effective date of
8 this chapter.
9 (2) An incarcerated or previously incarcerated person
10 may not seek expungement of a DNA record or profile on the
11 ground that that person was convicted or adjudicated
12 delinquent for one of the other specified offenses prior to
13 the effective date of the former DNA Act, this chapter or
14 section 4716(b)(3) (relating to DNA sample required upon
15 conviction, delinquency adjudication and certain ARD cases).
16 Section 5. This act shall take effect in 60 days.
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