THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, V. BROWN, CAUSER, CLYMER, CREIGHTON, DENLINGER, FREEMAN, GEIST, GINGRICH, HENNESSEY, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, KORTZ, MAJOR, MILLARD, MILLER, MOUL, MURT, QUINN, ROCK, SWANGER, TOOHIL, VULAKOVICH AND YOUNGBLOOD, NOVEMBER 16, 2011

REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 16, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for duties relating

to missing children and other missing persons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2908 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 2908.  Missing children and other missing persons.

(a)  Duties of law enforcement agencies.--Law enforcement

agencies shall have the following duties with respect to missing

children:

(1)  To investigate a report of a missing child

immediately upon receipt of the report regardless of the age

of the missing child or the circumstances surrounding the

disappearance of the child. In no case shall law enforcement

agencies impose a mandatory waiting period prior to

commencing the investigation of a missing child.

(2)  When conducting a missing child investigation, to

record all information relevant to the missing child and the

circumstances surrounding the disappearance of the missing

child on the appropriate law enforcement investigative

report.

(3)  To make an entry into the Missing Persons File

through the Commonwealth Law Enforcement Assistance Network

(CLEAN) in accord with Pennsylvania State Police policy and

procedures immediately upon receipt of sufficient

identification information on the missing child.

(3.1)  To make an entry into the Unidentified Persons

File through Commonwealth Law Enforcement Assistance Network

(CLEAN) in accord with Pennsylvania State Police policy and

procedures immediately upon:

(i)  taking custody of an unidentified living child,

such as an infant, or a physically or mentally disabled

child; or

(ii)  discovering an unidentified deceased child.

(4)  To insure timely cancellation of any entry made

pursuant to this section where the missing child has returned

or is located.

(a.1)  Unidentified deceased [children] persons.--Law

enforcement agencies [and], coroners and medical examiners 

shall, with respect to unidentified deceased [children] 

persons, have the duty to make an entry into the Unidentified

Deceased Person File through the Commonwealth Law Enforcement

Assistance Network (CLEAN) in accordance with Pennsylvania

State Police policy and procedures immediately upon observing

or receiving any descriptive information on an unidentified

deceased [child] person.

[(b)  Definition.--As used in this section the term

"child" means a person under 18 years of age.]

(c)  DNA submissions.--Law enforcement agencies shall have

the following duties with respect to missing persons:

(1)  To inform the person making the missing person

report within 30 days of the receipt of the report of all of

the following:

(i)  Any person making a missing person report may

provide an appropriate personal item belonging to the

missing person.

(ii)  A parent or other appropriate person may submit

a DNA sample for forensic analysis.

(2)  To provide any person notified under paragraph (1)

(ii) with a copy of a release form prepared and distributed

by the Pennsylvania State Police that authorizes a parent or

other appropriate person to voluntarily provide a DNA sample

or an appropriate personal article belonging to the missing

person for purposes of DNA sampling. The release form shall

explain that the results of any DNA analysis will be used

solely for the purpose of identifying the missing person.

(3)  To submit any sample or item obtained under

paragraph (1), as soon as practicable after receipt and

verification of the status of the missing person, along with

a copy of the missing person report, an executed release form

and any supplemental information, to the Pennsylvania State

Police in accord with Pennsylvania State Police policy and

procedures.

(4)  To immediately notify the Pennsylvania State Police

when any missing person on whose behalf a submission was made

under paragraph (3) is located or identified.

(d)  Specific duties of the Pennsylvania State Police.--In

addition to the duties set forth in subsections (a), (a.1) and

(c), the Pennsylvania State Police shall have the following

duties with respect to missing persons:

(1)  To establish policy and procedures to implement the

requirements of this section.

(2)  To develop a model kit to be used by law enforcement

to take DNA samples from parents or other appropriate

persons.

(3)  To receive DNA samples and items submitted under

subsection (c).

(4)  To conduct forensic DNA analysis of samples and

items submitted under subsection (c) utilizing appropriate

DNA typing tests, which include nuclear and mitochondrial DNA

typing, and to include the results in any appropriate missing

person or unidentified human remains database in accord with

established policy and procedures.

(5)  To notify the submitting law enforcement agency when

a missing person is located or identified utilizing DNA.

(6)  Except as provided in subsection (f), to maintain

the confidentiality of the results of forensic DNA analysis

conducted under this section.

(e)  Use of DNA samples following a missing person's return,

location or positive identification.--

(1)  Unless, within 90 days after a missing person is

returned, located or positively identified, a district

attorney provided notice to the Pennsylvania State Police

that good cause exists to believe that a criminal offense has

occurred relating to the disappearance of the missing person

and that a submitted DNA sample or the results of any

forensic DNA analysis conducted thereon may be evidence in

the prosecution of the offense, all DNA samples received

under subsection (c) and the results of any forensic analysis

performed on the samples shall be destroyed within 30 days

after the time for providing notice has expired.

(2)  Notice from the district attorney shall specifically

state the offense which he has good cause to believe has

occurred.

(3)  If a prosecution of the stated offense is not

commenced during the applicable period of limitations set

forth in 42 Pa.C.S. Ch. 55 (relating to limitation of time),

the DNA samples received under subsection (c) and the results

of any forensic DNA analysis performed thereon shall be

destroyed.

(f)  Confidentiality.--

(1)  Except as provided in paragraph (2), the results of

a forensic DNA analysis performed on a sample or item

submitted under subsection (c) are confidential.

(2)  The Pennsylvania State Police may only disclose the

results of a forensic DNA analysis performed under this

section to:

(i)  Law enforcement agencies.

(ii)  Coroners and medical examiners.

(iii)  A parent or other appropriate person

voluntarily providing a DNA sample or an article, under

subsection (c).

(3)  Any person who collects, processes or stores a DNA

sample from a living person for forensic DNA analysis under

this section and who intentionally violates this subsection

is liable to the living person who donated the DNA sample for

civil damages in the amount of $5,000 for each violation.

(g)  Other forensic identification evidence.--

(1)  In addition to any other action taken, law

enforcement agencies shall inform the person making the

missing person report that the person may provide copies of

the missing person's dental records or X-rays or both, for

inclusion in the law enforcement agency's missing person

investigative file.

(2)  This subsection shall not apply if the missing

person's dental records or X-rays have previously been

obtained.

(h)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Appropriate personal item."  An item of personal property

belonging to a missing person that is likely to contain the

missing person's DNA.

"Child."  A person under 18 years of age.

"DNA."  Deoxyribonucleic acid. DNA is located in the cells

and provides an individual's personal genetic blueprint. DNA

encodes genetic information that is the basis of human heredity

and forensic identification.

"DNA sample."  A blood or tissue sample provided by a parent

or other appropriate person under this section for analysis or

storage, or both.

Section 2.  This act shall take effect in 180 days.