PRINTER'S NO. 1370
No. 1089 Session of 2001
INTRODUCED BY EARLL, M. WHITE, TARTAGLIONE, COSTA, THOMPSON,
ORIE, LOGAN, TOMLINSON, DENT, ROBBINS, BELL, GREENLEAF,
LEMMOND, O'PAKE, LAVALLE, BODACK, WAUGH, ERICKSON, HOLL AND
BOSCOLA, OCTOBER 9, 2001
REFERRED TO JUDICIARY, OCTOBER 9, 2001
AN ACT
1 Amending the act of May 28, 1995 (1st Sp.Sess., P.L.1009,
2 No.14), entitled "An act providing for DNA testing of certain
3 offenders; establishing the State DNA Data Base and the State
4 DNA Data Bank; further providing for duties of the
5 Pennsylvania State Police; imposing costs on certain
6 offenders; and establishing the DNA Detection Fund," further
7 providing for DNA sample required upon conviction and for
8 expungement.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 306(a) and (b) and 311 of the act of May
12 28, 1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA
13 Detection of Sexual and Violent Offenders Act, are amended to
14 read:
15 Section 306. DNA sample required upon conviction, delinquency
16 adjudication and certain ARD cases.
17 (a) Conviction after effective date.--A person who is
18 convicted or adjudicated delinquent for a felony sex offense or
19 other specified offense and is or remains incarcerated on or
20 after the effective date of this section or any amendments to
1 this act shall have a DNA sample drawn as follows:
2 (1) A person who is sentenced or receives a delinquency
3 disposition to a term of confinement for an offense covered
4 by this subsection shall have a DNA sample drawn upon intake
5 to a prison, jail or juvenile detention facility or any other
6 detention facility or institution. If the person is already
7 confined at the time of sentencing or adjudication, the
8 person shall have a DNA sample drawn immediately after the
9 sentencing or adjudication. If a DNA sample is not timely
10 drawn in accordance with this section, the DNA sample may be
11 drawn anytime thereafter by the prison, jail, juvenile
12 detention facility, detention facility or institution.
13 (2) A person who is convicted or adjudicated delinquent
14 for an offense covered by this subsection shall have a DNA
15 sample drawn as a condition for any sentence or adjudication
16 which disposition will not involve an intake into a prison,
17 jail, juvenile detention facility or any other detention
18 facility or institution.
19 (3) Under no circumstances shall a person who is
20 convicted or adjudicated delinquent for an offense covered by
21 this subsection be released in any manner after such
22 disposition unless and until a DNA sample has been withdrawn.
23 (b) Conviction before effective date.--A person who has been
24 convicted or adjudicated delinquent for a felony sex offense or
25 other specified offense [before the effective date of this
26 section] and who is still serving a term of confinement in
27 connection therewith on or after the effective date of this
28 section shall not be released in any manner [prior to the
29 expiration of his maximum term of confinement] unless and until
30 a DNA sample has been withdrawn. This act shall apply to
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1 incarcerated persons convicted or adjudicated delinquent for a
2 felony sex offense prior to the effective date of this act.
3 * * *
4 Section 311. Expungement.
5 A person whose DNA record or profile has been included in the
6 data bank pursuant to this act may request expungement on the
7 grounds that the conviction or delinquency adjudication on which
8 the authority for including that person's DNA record or profile
9 was based has been reversed and the case dismissed. The State
10 Police shall purge all records and identifiable information in
11 the data base pertaining to the person and destroy all samples
12 from the person upon receipt of a written request for
13 expungement pursuant to this section and a certified copy of the
14 final court order reversing and dismissing the conviction. An
15 incarcerated or previously incarcerated person may not seek
16 expungement of a DNA record or profile on the ground that that
17 person was convicted or adjudicated delinquent for a felony sex
18 offense prior to the effective date of this act or prior to the
19 effective date of any amendments to this act.
20 Section 2. This act shall take effect immediately.
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