PRIOR PRINTER'S NOS. 1370, 1625 PRINTER'S NO. 1799
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
SENATE AMENDMENTS TO HOUSE AMENDMENTS, MARCH 18, 2002
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 defining "felony sex offense" and "other specified offense";
8 and further providing for DNA sample required upon conviction
9 and for expungement.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definitions of "felony sex offense" and
13 "other specified offense" in section 103 of the act of May 28,
14 1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA Detection
15 of Sexual and Violent Offenders Act, are amended to read:
16 Section 103. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 * * *
1 "Felony sex offense." A felony offense or an attempt,
2 conspiracy or solicitation to commit a felony offense under any
3 of the following:
4 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
5 18 Pa.C.S. § 4302 (relating to incest).
6 18 Pa.C.S. § 5902(c)(iii) and (iv) (relating to
7 prostitution and related offenses).
8 18 Pa.C.S. § 5903(a) (relating to obscene and other
9 sexual materials and performances) where the offense
10 constitutes a felony.
11 18 Pa.C.S. § 6312 (relating to sexual abuse of children).
12 18 Pa.C.S. § 6318 (relating to unlawful contact or
13 communication with minor) where the most serious underlying
14 offense for which the defendant contacted or communicated
15 with the minor is graded as a felony.
16 18 Pa.C.S. § 6320 (relating to sexual exploitation of
17 children).
18 * * *
19 "Other specified offense." An offense or an attempt,
20 conspiracy or solicitation to commit an offense under any of the
21 following:
22 18 Pa.C.S. § 2502 (relating to murder).
23 18 Pa.C.S. § 2702 (relating to aggravated assault). <--
24 18 Pa.C.S. § 2709(c)(2)(ii) (relating to harassment and
25 stalking).
26 18 Pa.C.S. § 2901 (relating to kidnapping).
27 18 Pa.C.S. § 2910 (relating to luring a child into a
28 motor vehicle).
29 18 Pa.C.S. § 3126 (relating to indecent assault).
30 18 Pa.C.S. § 3502 (relating to burglary).
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1 18 Pa.C.S. § 3701 (relating to robbery).
2 * * *
3 Section 2. Sections 306(a) and (b) and 311 of the act are
4 amended to read:
5 Section 306. DNA sample required upon conviction, delinquency
6 adjudication and certain ARD cases.
7 (a) Conviction after effective date.--A person who is
8 convicted or adjudicated delinquent for a felony sex offense or
9 other specified offense and is or remains incarcerated on or
10 after the effective date of this section or any amendments to
11 this act shall have a DNA sample drawn as follows:
12 (1) A person who is sentenced or receives a delinquency
13 disposition to a term of confinement for an offense covered
14 by this subsection shall have a DNA sample drawn upon intake
15 to a prison, jail or juvenile detention facility or any other
16 detention facility or institution. If the person is already
17 confined at the time of sentencing or adjudication, the
18 person shall have a DNA sample drawn immediately after the
19 sentencing or adjudication. If a DNA sample is not timely
20 drawn in accordance with this section, the DNA sample may be
21 drawn anytime thereafter by the prison, jail, juvenile
22 detention facility, detention facility or institution.
23 (2) A person who is convicted or adjudicated delinquent
24 for an offense covered by this subsection shall have a DNA
25 sample drawn as a condition for any sentence or adjudication
26 which disposition will not involve an intake into a prison,
27 jail, juvenile detention facility or any other detention
28 facility or institution.
29 (3) Under no circumstances shall a person who is
30 convicted or adjudicated delinquent for an offense covered by
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1 this subsection be released in any manner after such
2 disposition unless and until a DNA sample has been withdrawn.
3 (b) Conviction before effective date.--A person who has been
4 convicted or adjudicated delinquent for a felony sex offense or
5 other specified offense [before the effective date of this
6 section] and who is still serving a term of confinement in
7 connection therewith on or after the effective date of this
8 section shall not be released in any manner [prior to the
9 expiration of his maximum term of confinement] unless and until
10 a DNA sample has been withdrawn. This act shall apply to
11 incarcerated persons convicted or adjudicated delinquent for a
12 felony sex offense prior to the effective date of this act.
13 * * *
14 Section 311. Expungement.
15 A person whose DNA record or profile has been included in the
16 data bank pursuant to this act may request expungement on the
17 grounds that the conviction or delinquency adjudication on which
18 the authority for including that person's DNA record or profile
19 was based has been reversed and the case dismissed. The State
20 Police shall purge all records and identifiable information in
21 the data base pertaining to the person and destroy all samples
22 from the person upon receipt of a written request for
23 expungement pursuant to this section and a certified copy of the
24 final court order reversing and dismissing the conviction. An
25 incarcerated or previously incarcerated person may not seek
26 expungement of a DNA record or profile on the ground that that
27 person was convicted or adjudicated delinquent for a felony sex
28 offense prior to the effective date of this act or prior to the
29 effective date of any amendments to this act.
30 Section 3. This act shall take effect as follows:
20010S1089B1799 - 4 -
1 (1) The amendment of the definitions of "felony sex
2 offense" and "other specified offense" in section 103 of the
3 act shall take effect in 180 days.
4 (2) The remainder of this act shall take effect
5 immediately.
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