PRINTER'S NO. 506
No. 429 Session of 2001
INTRODUCED BY BOSCOLA, MELLOW, BELL, STACK, MUSTO, SCHWARTZ AND
KASUNIC, FEBRUARY 15, 2001
REFERRED TO JUDICIARY, FEBRUARY 15, 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 required DNA sample and for mandatory cost.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 101 and 102 of the act of May 28, 1995
11 (1st Sp.Sess., P.L.1009, No.14), known as the DNA Detection of
12 Sexual and Violent Offenders Act, are amended to read:
13 Section 101. Short title.
14 This act shall be known and may be cited as the DNA Detection
15 of [Sexual and Violent] Felony Offenders Act.
16 Section 102. Policy.
17 The General Assembly finds and declares that DNA data banks
18 are an important tool in criminal investigations, in the
19 exclusion of individuals who are the subject of criminal
20 investigations or prosecutions and in deterring and detecting
1 recidivist acts. Several states have enacted laws requiring
2 persons convicted of certain crimes, especially sex offenses, to
3 provide genetic samples for DNA profiling. Moreover, it is the
4 policy of this Commonwealth to assist Federal, State and local
5 criminal justice and law enforcement agencies in the
6 identification and detection of individuals in criminal
7 investigations. It is therefore in the best interest of the
8 Commonwealth to establish a DNA data base and a DNA data bank
9 containing DNA samples submitted by individuals convicted of
10 felony [sex] offenses and other specified offenses.
11 Section 2. The definition of "felony sex offense" in section
12 103 of the act is amended to read:
13 Section 103. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 * * *
18 "Felony [sex] offense." A felony offense or an attempt,
19 conspiracy or solicitation to commit a felony offense [under any
20 of the following:
21 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
22 18 Pa.C.S. § 6312 (relating to sexual abuse of
23 children)].
24 * * *
25 Section 3. Section 306 of the act is repealed.
26 Section 4. The act is amended by adding a section to read:
27 Section 306.1. DNA sample required upon conviction, delinquency
28 adjudication and certain ARD cases.
29 (a) Conviction after effective date.--A person who is
30 convicted or adjudicated delinquent for a felony offense or
20010S0429B0506 - 2 -
1 other specified offense on or after the effective date of this
2 section shall have a DNA sample drawn as follows:
3 (1) A person who is sentenced or receives a delinquency
4 disposition to a term of confinement for an offense covered
5 by this subsection shall have a DNA sample drawn upon intake
6 to a prison, jail or juvenile detention facility or any other
7 detention facility or institution. If the person is already
8 confined at the time of sentencing or adjudication, the
9 person shall have a DNA sample drawn immediately after the
10 sentencing or adjudication.
11 (2) A person who is convicted or adjudicated delinquent
12 for an offense covered by this subsection shall have a DNA
13 sample drawn as a condition for any sentence or adjudication
14 which disposition will not involve an intake into a prison,
15 jail, juvenile detention facility or any other detention
16 facility or institution.
17 (3) Under no circumstances shall a person who is
18 convicted or adjudicated delinquent for an offense covered by
19 this subsection be released in any manner after such
20 disposition unless and until a DNA sample has been withdrawn.
21 (b) Conviction before effective date.--A person who has been
22 convicted or adjudicated delinquent for a felony offense or
23 other specified offense before the effective date of this
24 section and who is still serving a term of confinement in
25 connection therewith on the effective date of this section shall
26 not be released in any manner prior to the expiration of his
27 maximum term of confinement unless and until a DNA sample has
28 been withdrawn.
29 (c) Certain ARD cases.--Acceptance into ARD as a result of a
30 criminal charge for a felony offense or other specified offense
20010S0429B0506 - 3 -
1 filed on or after the effective date of this section may be
2 conditioned upon the giving of a DNA sample.
3 (d) Supervision of DNA samples.--All DNA samples taken
4 pursuant to this section shall be taken in accordance with
5 regulations promulgated by the State Police in consultation with
6 the Department of Corrections.
7 (e) Definition.--As used in this section, the term
8 "released" means any release, parole, furlough, work release,
9 prerelease or release in any other manner from a prison, jail,
10 juvenile detention facility or any other place of confinement.
11 Section 5. Section 312 of the act is amended to read:
12 Section 312. Mandatory cost.
13 Unless the court finds that undue hardship would result, a
14 mandatory cost of $250, which shall be in addition to any other
15 costs imposed pursuant to statutory authority, shall
16 automatically be assessed on any person convicted, adjudicated
17 delinquent or granted ARD for a felony [sex] offense or other
18 specified offense, and all proceeds derived from this section
19 shall be transmitted to the fund.
20 Section 6. This act shall take effect in 60 days.
L26L44BIL/20010S0429B0506 - 4 -