PRINTER'S NO. 1331
No. 1160 Session of 1989
INTRODUCED BY WOGAN, KOSINSKI, BLAUM, MOEHLMANN, HECKLER,
HAGARTY, McVERRY, SAURMAN, YANDRISEVITS, TIGUE, GEIST,
FAIRCHILD, DIETTERICK, CAWLEY, MILLER, BOYES, J. TAYLOR,
MARSICO, WOZNIAK, BELARDI, TRELLO, BELFANTI, B. SMITH,
DAVIES, BUNT, VEON, VROON, SEMMEL, JOHNSON, MAINE, LANGTRY,
LEE AND CHADWICK, APRIL 12, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the use of
3 DNA testing in paternity matters and criminal cases.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6131, 6132, 6133 and 6134 of Title 42 of
7 the Pennsylvania Consolidated Statutes are amended to read:
8 § 6131. Short title of subchapter.
9 This subchapter shall be known and may be cited as the
10 ["]Uniform Act on Blood and DNA Pattern Tests to Determine
11 Paternity.["]
12 § 6132. Scope of subchapter.
13 (a) Civil matters.--This subchapter shall apply to all civil
14 matters.
15 (b) Criminal proceedings.--This subchapter shall apply to
16 all criminal proceedings subject to the following limitations
1 and provisions:
2 (1) An order for the tests shall be made only upon
3 application of a party or on the initiative of the court.
4 (2) The compensation of the experts shall be paid by the
5 party requesting the blood or DNA (deoxyribonucleic acid)
6 pattern test or by the county, as the court shall direct.
7 (3) The court may direct a verdict of acquittal upon the
8 conclusions of all the experts under the provisions of
9 section 6136 (relating to effect of test results), otherwise
10 the case shall be submitted for determination upon all the
11 evidence.
12 (4) The refusal of a defendant to submit to such tests
13 may not be used in evidence against said defendant.
14 § 6133. Authority for test.
15 In any matter subject to this subchapter in which paternity,
16 parentage or identity of a child is a relevant fact, the court
17 upon its own initiative or upon suggestion made by or on behalf
18 of any person whose blood, other fluid or tissue is involved
19 may, or upon motion of any party to the action made at a time so
20 as not to delay the proceedings unduly, shall order the mother,
21 child and alleged father to submit to blood or DNA pattern
22 tests. If any party refuses to submit to such tests, the court
23 may resolve the question of paternity, parentage or identity of
24 a child against such party, or enforce its order if the rights
25 of others and the interests of justice so require.
26 § 6134. Selection of experts.
27 The tests shall be made by experts qualified as examiners of
28 blood types or DNA patterns, who shall be appointed by the
29 court. The experts shall be called by the court as witnesses to
30 testify to their findings and shall be subject to cross-
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1 examination by the parties. Any party or person at whose
2 suggestion the tests have been ordered may demand that other
3 experts qualified as examiners of blood types or DNA patterns
4 perform independent tests under order of court, the results of
5 which may be offered in evidence. The number and qualifications
6 of such experts shall be determined by the court.
7 Section 2. Title 42 is amended by adding sections to read:
8 § 6138. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "DNA pattern test." An examination, commonly referred to as
13 "DNA fingerprinting" or "genetic fingerprinting," of blood or
14 other fluid or tissue samples employing electrophoresis to sort
15 deoxyribonucleic acid pieces, followed by exposure of the DNA
16 pieces to radioactive probes resulting in the formation of a
17 pattern of black bands when X-rayed.
18 § 6145. DNA pattern tests.
19 (a) General rule.--The results of DNA (deoxyribonucleic
20 acid) pattern tests shall be admissible evidence in all criminal
21 matters.
22 (b) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "DNA pattern test." An examination, commonly referred to as
26 "DNA fingerprinting" or "genetic fingerprinting," of blood or
27 other fluid or tissue samples employing electrophoresis to sort
28 deoxyribonucleic acid pieces, followed by exposure of the DNA
29 pieces to radioactive probes resulting in the formation of a
30 pattern of black bands when X-rayed.
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1 Section 3. This act shall take effect in 60 days.
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