PRIOR PRINTER'S NO. 4224 PRINTER'S NO. 4397
No. 2765 Session of 2006
INTRODUCED BY O'BRIEN, BAKER, BELFANTI, BLAUM, BOYD, BUNT,
CALTAGIRONE, CAPPELLI, CRAHALLA, CREIGHTON, J. EVANS, GEIST,
GILLESPIE, HENNESSEY, W. KELLER, KOTIK, LEDERER, LEH,
MACKERETH, MAITLAND, MARSICO, MILLARD, PICKETT, PYLE,
SHAPIRO, SONNEY, STABACK, E. Z. TAYLOR, J. TAYLOR, THOMAS,
TIGUE, SIPTROTH, McGILL, HESS, BEYER, DALLY, HARPER, BARRAR
AND REICHLEY, JUNE 14, 2006
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 27, 2006
AN ACT
1 Amending Title 44 (Law and Justice) of the Pennsylvania
2 Consolidated Statutes, further providing for policy and for
3 DNA sample; providing for collection from persons accepted
4 from other jurisdictions; and further providing for
5 procedures for withdrawal, collection and transmission of DNA
6 samples and for expungement.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2302(2) of Title 44 of the Pennsylvania
10 Consolidated Statutes is amended to read:
11 § 2302. Policy.
12 The General Assembly finds and declares that:
13 * * *
14 (2) Several states have enacted laws requiring persons
15 arrested, charged or convicted of certain crimes, especially
16 sex offenses, to provide genetic samples for DNA profiling.
17 * * *
1 Section 2. Section 2316 heading, (a) and (b)(3) are amended
2 and the section is amended by adding a subsection to read:
3 § 2316. DNA sample required upon arrest, conviction,
4 delinquency adjudication and certain ARD cases.
5 (a) [General rule] Conviction or adjudication.--A person who
6 is convicted or adjudicated delinquent for a felony sex offense
7 or other specified offense or who is or remains incarcerated for
8 a felony sex offense or other specified offense on or after the
9 effective date of this chapter shall have a DNA sample drawn as
10 follows:
11 (1) A person who is sentenced or receives a delinquency
12 disposition to a term of confinement for an offense covered
13 by this subsection shall have a DNA sample drawn upon intake
14 to a prison, jail or juvenile detention facility or any other
15 detention facility or institution. If the person is already
16 confined at the time of sentencing or adjudication, the
17 person shall have a DNA sample drawn immediately after the
18 sentencing or adjudication. If a DNA sample is not timely
19 drawn in accordance with this section, the DNA sample may be
20 drawn any time thereafter by the prison, jail, juvenile
21 detention facility, detention facility or institution.
22 (2) A person who is convicted or adjudicated delinquent
23 for an offense covered by this subsection shall have a DNA
24 sample drawn as a condition for any sentence or adjudication
25 which disposition will not involve an intake into a prison,
26 jail, juvenile detention facility or any other detention
27 facility or institution.
28 (3) Under no circumstances shall a person who is
29 convicted or adjudicated delinquent for an offense covered by
30 this subsection be released in any manner after such
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1 disposition unless and until a DNA sample has been
2 [withdrawn] DRAWN. <--
3 (b) Condition of release, probation or parole.--
4 * * *
5 (3) This chapter shall apply to incarcerated persons and
6 persons on probation or parole who were convicted or
7 adjudicated delinquent for other specified offenses prior to
8 the effective date of this paragraph[.] whether or not the
9 offense for which the person is currently imprisoned or under
10 probation or parole supervision is a felony sex offense or
11 other specified offense.
12 * * *
13 (c.1) Criminal charge or arrest.--Any person who is charged
14 or arrested as an adult for a felony sex offense or other
15 specified offense shall have a DNA sample drawn as follows:
16 (1) Any adult person arrested for a felony sex offense
17 or other specified felony shall provide a DNA sample and
18 fingerprints as required under this chapter immediately
19 following arrest, during booking or intake or as soon as
20 administratively practical after arrest but no later than
21 prior to release on bail or pending trial or any other
22 physical release from confinement or custody.
23 (2) If for any reason a person subject to this chapter
24 did not have DNA samples and fingerprints taken under
25 paragraph (1) or otherwise bypasses the State or county
26 prison system, the court shall order the person to report
27 within five calendar days to prison, jail unit, juvenile
28 facility or other facility to be specified by the court to
29 provide DNA samples and fingerprints in accordance with this
30 chapter.
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1 * * *
2 Section 3. Title 44 is amended by adding a section to read:
3 § 2316.1. Collection from persons accepted from other
4 jurisdictions.
5 (a) Conditional acceptance.--When a person is accepted into
6 this Commonwealth for supervision from another jurisdiction
7 through the Interstate Compact for Supervision of Adult
8 Offenders or under any other reciprocal agreement with any
9 Federal, state or county agency, or any other provision of law,
10 whether or not the person is confined or released, the
11 acceptance shall be conditioned on the offender providing DNA
12 samples under this chapter if the offender has a record of any
13 past or present conviction or adjudication that is substantially
14 similar to a felony sex offense or other specified offense from
15 any Federal, state or military court. Additional DNA samples
16 shall not be required if a DNA sample is currently on file with
17 CODIS or the DNA record.
18 (b) Time period.--
19 (1) If the person accepted under subsection (a) is not
20 confined, the DNA sample and fingerprints required by this
21 chapter shall be provided within five calendar days after the
22 person reports to the supervising agent or within five
23 calendar days of notice to the person, whichever occurs
24 first. The person shall appear and the DNA samples shall be
25 collected in accordance with the provisions of this chapter.
26 (2) If the person accepted under subsection (a) is
27 confined, the person shall provide the DNA sample and
28 fingerprints required by this chapter as soon as practical
29 after receipt in a facility in this Commonwealth.
30 Section 4. Sections 2317(a)(1) and 2321(a) and (b) are
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1 amended to read:
2 § 2317. Procedures for withdrawal, collection and transmission
3 of DNA samples.
4 (a) Drawing of DNA samples.--
5 (1) Each DNA sample required to be drawn pursuant to
6 [section] sections 2316 (relating to DNA sample required upon
7 arrest, conviction, delinquency adjudication and certain ARD
8 cases) and 2316.1 (relating to collection from persons
9 accepted from other jurisdictions) from persons who are
10 incarcerated or confined shall be drawn at the place of
11 incarceration or confinement as provided for in section 2316.
12 DNA samples from persons who are not ordered or sentenced to
13 a term of confinement shall be drawn at a prison, jail unit,
14 juvenile facility or other facility to be specified by the
15 court. Only those individuals qualified to draw DNA samples
16 in a medically approved manner shall draw a DNA sample to be
17 submitted for DNA analysis. Such sample and the set of
18 fingerprints provided for in paragraph (2) shall be delivered
19 to the State Police within 48 hours of drawing the sample.
20 * * *
21 § 2321. Expungement.
22 (a) General rule.--
23 (1) A person whose DNA sample, record or profile has
24 been included in the State DNA Data Bank or the State DNA
25 Data Base pursuant to the former DNA Act, former 42 Pa.C.S.
26 Ch. 47 (relating to DNA data and testing) or this chapter may
27 request expungement [on the grounds that the conviction or
28 delinquency adjudication on which the authority for including
29 that person's DNA sample, record or profile was based has
30 been reversed and the case dismissed or that the DNA sample,
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1 record or profile was included in the State DNA Data Bank or
2 the State DNA Data Base by mistake.] if the person files the
3 request in writing with the State Police and any of the
4 following apply:
5 (i) The State Police receive, for each conviction of
6 the person of an offense the basis of which that analysis
7 was or could have been included in the State DNA Data
8 Bank or the State DNA Data Base, a certified copy of a
9 final court order establishing that the conviction has
10 been overturned.
11 (ii) The person has not been convinced CONVICTED of <--
12 an offense the basis of which that analysis was or could
13 have been included in the State DNA Data Bank or the
14 State DNA Data Base and the State Police receive, for
15 each charge against the person the basis of which the
16 analysis was or could have been included in the State DNA
17 Data Bank or the State DNA Data Base, a certified copy of
18 a final court order establishing that the charge has been
19 dismissed or has resulted in an acquittal or that no
20 charge was filed within the applicable time period.
21 (iii) The State Police receive clear and convincing
22 proof that the DNA sample, record or profile was included
23 in the State DNA Data Bank or the State DNA Data Base by
24 mistake.
25 (2) For purposes of this section, a court order is not
26 "final" if time remains for an appeal or application for
27 discretionary review with respect to the order.
28 (b) Duty of State Police.--The State Police shall purge all
29 records and identifiable information in the State DNA Data Bank
30 or State DNA Data Base pertaining to the person and destroy each
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1 sample, record and profile from the person upon[:
2 (1) receipt of a written request for expungement
3 pursuant to this section and a certified copy of the final
4 court order reversing and dismissing the conviction; or
5 (2) clear and convincing proof that the sample record or
6 profile was included by mistake.] receipt of all the <--
7 APPLICABLE documents and other materials required in <--
8 subsection (a).
9 * * *
10 Section 5. This act shall take effect in 60 days.
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