| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 863, 1602, 1826, 2417 | PRINTER'S NO. 2491 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, GREENLEAF, RAFFERTY, ERICKSON, YAW, PIPPY, LEACH, VANCE, SOLOBAY, WARD AND BROWNE, MARCH 15, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 16, 2012 |
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| AN ACT |
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1 | Amending Title 44 (Law and Justice) of the Pennsylvania | <-- |
2 | Consolidated Statutes, in DNA data and testing, further |
3 | providing for policy, for definitions, for State DNA Data |
4 | Base, for procedural compatibility with FBI and for DNA |
5 | sample required upon conviction, delinquency adjudication and |
6 | certain ARD cases; providing for collection from persons |
7 | accepted from other jurisdictions; further providing for |
8 | procedures for withdrawal, collection and transmission of DNA |
9 | samples, for procedures for conduct, disposition and use of |
10 | DNA analysis; providing for request for modified DNA search; |
11 | further providing for DNA data base exchange and for |
12 | expungement; and providing for severability. |
13 | Amending Title 44 (Law and Justice) of the Pennsylvania | <-- |
14 | Consolidated Statutes, in DNA data and testing, further |
15 | providing for policy, for definitions, for powers and duties |
16 | of State Police, for State DNA Data Base, for State DNA Data |
17 | Bank, for State Police recommendation of additional offenses, |
18 | for procedural compatibility with FBI and for DNA sample |
19 | required upon conviction, delinquency adjudication and |
20 | certain ARD cases; providing for collection from persons |
21 | accepted from other jurisdictions; further providing for |
22 | procedures for withdrawal, collection and transmission of DNA |
23 | samples, for procedures for conduct, disposition and use of |
24 | DNA analysis; providing for request for modified DNA search; | <-- |
25 | and further providing and for DNA data base exchange, for | <-- |
26 | expungement and for mandatory cost. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
29 | Section 1. Sections 2302, 2303, 2312 and 2315 of Title 44 of | <-- |
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1 | the Pennsylvania Consolidated Statutes are amended to read: |
2 | § 2302. Policy. |
3 | The General Assembly finds and declares that: |
4 | (1) DNA data banks are an important tool in criminal |
5 | investigations, in [the exclusion of] excluding innocent |
6 | individuals who are the subject of criminal investigations or |
7 | prosecutions and in [deterring and detecting recidivist acts] |
8 | detecting and deterring repeated crimes by the same |
9 | individual. |
10 | (2) Several states have enacted laws requiring persons |
11 | arrested, charged or convicted of certain crimes, especially |
12 | sex offenses, to provide genetic samples for DNA profiling. |
13 | (2.1) Several states have authorized the use of DNA |
14 | analysis to identify crime scene DNA profiles by establishing |
15 | that the source of a crime scene DNA profile is likely to be |
16 | a close relative of a specific individual whose DNA record is |
17 | on file. |
18 | (3) Moreover, it is the policy of the Commonwealth to |
19 | assist Federal, State and local criminal justice and law |
20 | enforcement agencies in the identification and detection of |
21 | individuals in criminal investigations. |
22 | (4) It is therefore in the best interest of the |
23 | Commonwealth to establish a DNA data base and a DNA data bank |
24 | containing DNA samples submitted by individuals arrested for, |
25 | charged with, convicted of, adjudicated delinquent for or |
26 | accepted into ARD for felony sex offenses and other specified |
27 | offenses. |
28 | (5) It is in the best interest of the Commonwealth to |
29 | authorize the State Police to use DNA analysis and to |
30 | identify these individuals to a criminal justice agency in |
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1 | certain cases. |
2 | § 2303. Definitions. |
3 | The following words and phrases when used in this chapter |
4 | shall have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | "Accredited forensic DNA laboratory." A forensic DNA |
7 | laboratory that has received accreditation by an accrediting |
8 | body nationally recognized within the forensic science community |
9 | in accordance with the FBI Quality Assurance Standards to |
10 | perform forensic DNA testing and is in compliance with FBI |
11 | quality assurance standards. |
12 | "ARD." Accelerated Rehabilitative Disposition. |
13 | "CODIS." The [term is derived from] Combined DNA Index |
14 | System, the Federal Bureau of Investigation's national DNA |
15 | identification index system that allows the storage and exchange |
16 | of DNA records submitted by state and local forensic DNA |
17 | laboratories. |
18 | "Commissioner." The Commissioner of the Pennsylvania State |
19 | Police. |
20 | "Crime scene DNA profile." A DNA profile that characterizes |
21 | the sample of DNA found on a victim or originating from and |
22 | associated with the scene of a crime. |
23 | "Criminal justice agency." A criminal justice agency as |
24 | defined in 18 Pa.C.S. § 9102 (relating to definitions). |
25 | "DNA." Deoxyribonucleic acid. DNA is located in the cells |
26 | and provides an individual's personal genetic blueprint. DNA |
27 | encodes genetic information that is the basis of human heredity |
28 | and forensic identification. |
29 | "DNA record." DNA identification information stored in the |
30 | State DNA Data Base or the Combined DNA Index System for the |
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1 | purpose of generating investigative leads or supporting |
2 | statistical interpretation of DNA test results. The term |
3 | includes nuclear and mitochondrial typing. The DNA record is the |
4 | result obtained from the DNA typing tests. The DNA record is |
5 | comprised of the characteristics of a DNA sample which are of |
6 | value in establishing the identity of individuals or the source |
7 | of a crime scene DNA profile. The results of all DNA |
8 | identification tests on an individual's DNA sample are also |
9 | collectively referred to as the DNA profile of an individual. |
10 | "DNA sample." A [blood or tissue] bodily sample: |
11 | (1) provided by any person with respect to offenses |
12 | covered by this chapter or submitted to the Pennsylvania |
13 | State Police laboratory pursuant to the former act of May 28, |
14 | 1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA |
15 | Detection of Sexual and Violent Offenders Act, to the former |
16 | 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or to |
17 | this chapter for analysis or storage, or both[.]; or |
18 | (2) found at a crime scene that might have come from a |
19 | possible offender. |
20 | "FBI." The Federal Bureau of Investigation. |
21 | "Felony sex offense." A felony offense or an attempt, |
22 | conspiracy or solicitation to commit a felony offense under any |
23 | of the following: |
24 | 18 Pa.C.S. Ch. 31 (relating to sexual offenses). |
25 | 18 Pa.C.S. § 4302 (relating to incest). |
26 | 18 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to |
27 | prostitution and related offenses). |
28 | 18 Pa.C.S. § 5903(a) (relating to obscene and other |
29 | sexual materials and performances) where the offense |
30 | constitutes a felony. |
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1 | 18 Pa.C.S. § 6312 (relating to sexual abuse of children). |
2 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
3 | minor) where the most serious underlying offense for which |
4 | the defendant contacted the minor is graded as a felony. |
5 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
6 | children). |
7 | "Forensic DNA laboratory." A laboratory that performs |
8 | forensic DNA testing for the purposes of identification. |
9 | "Forensic DNA testing." A test that applies techniques from |
10 | molecular biology to deoxyribonucleic acid (DNA) to help resolve |
11 | issues of identification. |
12 | "Former DNA Act." The former act of May 28, 1995 (1st |
13 | Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual |
14 | and Violent Offenders Act. |
15 | "Fund." The DNA Detection Fund reestablished in section 2335 |
16 | (relating to DNA Detection Fund). |
17 | "Human behavioral genetic research." The study of the |
18 | possible genetic underpinnings of behaviors, including, but not |
19 | limited to, aggression, substance abuse, social attitudes, |
20 | mental abilities, sexual activity and eating habits. |
21 | "Judicial determination." A determination by a court of |
22 | competent jurisdiction, including a settlement approved by such |
23 | court. |
24 | "Law enforcement identification purposes." Assisting in the |
25 | determination of the identity of an individual whose DNA is |
26 | contained in a biological sample. |
27 | "Mitochondrial DNA analysis." A method that applies |
28 | techniques from molecular biology to analyze DNA found in the |
29 | mitochondria of cells. |
30 | "Modified DNA search." A search of a crime scene DNA profile |
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1 | against the State DNA Data Base by the State Police that is |
2 | conducted using the procedure and methods set forth in the |
3 | regulations published under section 2318.1(d)(3) (relating to |
4 | request for modified DNA search). |
5 | "Other specified offense." [A felony offense or an offense |
6 | under 18 Pa.C.S. § 2910 (relating to luring a child into a motor |
7 | vehicle) or 3126 (relating to indecent assault) or an attempt to |
8 | commit such an offense.] Any of the following: |
9 | A felony offense. |
10 | 18 Pa.C.S. § 2701(b)(2) (relating to simple assault). |
11 | 18 Pa.C.S. § 2902(a) (relating to unlawful restraint). |
12 | 18 Pa.C.S. § 2910 (relating to luring a child into a |
13 | motor vehicle or structure. |
14 | 18 Pa.C.S. § 3126 (relating to indecent assault). |
15 | 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal |
16 | trespass). |
17 | 18 Pa.C.S. § 4303 (relating to concealing death of |
18 | child). |
19 | 18 Pa.C.S. § 4304 (relating to endangering welfare of |
20 | children). |
21 | 18 Pa.C.S. § 4305 (relating to dealing in infant |
22 | children). |
23 | An attempt, conspiracy or solicitation to commit a felony |
24 | offense or other offense specified in this definition. |
25 | "State Police." The Pennsylvania State Police. |
26 | "Y chromosome analysis." A method that applies techniques |
27 | from molecular biology to examine DNA found on the Y chromosome. |
28 | § 2312. State DNA Data Base. |
29 | [The State DNA Data Base is reestablished. It shall be |
30 | administered by the State Police and provide DNA records to the |
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1 | FBI for storage and maintenance by CODIS.] A Statewide DNA Data |
2 | Base is established within the State Police to provide DNA |
3 | records to CODIS. The State DNA Data Base shall have the |
4 | capability provided by computer software and procedures |
5 | administered by the State Police to store and maintain DNA |
6 | records related to: |
7 | (1) forensic casework; |
8 | (2) arrested, charged and convicted offenders required |
9 | to provide a DNA sample under this chapter; and |
10 | (3) anonymous DNA records used for statistical research |
11 | [or] on the frequency of DNA genotypes, quality control or |
12 | the development of new DNA identification methods. |
13 | § 2315. Procedural compatibility with FBI. |
14 | The DNA identification system [as] established by the State |
15 | Police shall be compatible with the procedures [specified] |
16 | established by the FBI quality assurance standards for forensic |
17 | DNA testing laboratories and DNA data basing laboratories and |
18 | CODIS policies and procedures, including use of comparable test |
19 | procedures, laboratory equipment, supplies and computer |
20 | software. |
21 | Section 2. Section 2316 heading and subsections (a) and (b) |
22 | (3) of Title 44 are amended and the section is amended by adding |
23 | a subsection to read: |
24 | § 2316. DNA sample required upon arrest, criminal charge, |
25 | conviction, delinquency adjudication and certain ARD |
26 | cases. |
27 | (a) [General rule] Conviction or adjudication.--A person who |
28 | is convicted or adjudicated delinquent for a felony sex offense |
29 | or other specified offense or who is or remains incarcerated for |
30 | a felony sex offense or other specified offense on or after the |
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1 | effective date of this chapter shall have a DNA sample [drawn] |
2 | collected 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] collected |
6 | upon intake to a prison, jail or juvenile detention facility |
7 | or any other detention facility or institution. If the person |
8 | is already confined at the time of sentencing or |
9 | adjudication, the person shall have a DNA sample [drawn] |
10 | collected immediately after the sentencing or adjudication. |
11 | If a DNA sample is not timely [drawn] collected in accordance |
12 | with this section, the DNA sample may be [drawn] collected |
13 | any time thereafter by the prison, jail, juvenile detention |
14 | facility, detention facility or institution. |
15 | (2) A person who is convicted or adjudicated delinquent |
16 | for an offense covered by this subsection shall have a DNA |
17 | sample [drawn] collected as a condition for any sentence or |
18 | adjudication which disposition will not involve an intake |
19 | into a prison, jail, juvenile detention facility or any other |
20 | detention facility or institution. |
21 | (3) Under no circumstances shall a person who is |
22 | convicted or adjudicated delinquent for an offense covered by |
23 | this subsection be released in any manner after such |
24 | disposition unless and until a DNA sample has been |
25 | [withdrawn] collected. |
26 | (b) Condition of release, probation or parole.-- |
27 | * * * |
28 | (3) This chapter shall apply to incarcerated persons and |
29 | persons on probation or parole who were convicted or |
30 | adjudicated delinquent for other specified offenses prior to |
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1 | the effective date of this paragraph whether or not the |
2 | offense for which the person is currently imprisoned or under |
3 | probation or parole supervision is a felony sex offense or |
4 | other specified offense. |
5 | * * * |
6 | (c.1) Criminal charge or arrest.-- |
7 | (1) A person who is charged or arrested as an adult for |
8 | a felony sex offense or other specified offense shall have a |
9 | DNA sample collected immediately following arrest, during |
10 | booking or intake or as soon as administratively practical |
11 | after arrest but not later than prior to release on bail or |
12 | pending trial or any other physical release from confinement |
13 | or custody. |
14 | (2) If for any reason a person does not provide a DNA |
15 | sample and fingerprints under this chapter, the court shall |
16 | order the person to report within five calendar days of |
17 | arrest or charge to a prison, jail unit, juvenile facility or |
18 | other facility to be specified by the court to provide DNA |
19 | samples and fingerprints in accordance with this chapter. |
20 | (3) The State Police shall create a separate category |
21 | within the data base to store DNA samples and records |
22 | collected under this subsection, and the DNA records and |
23 | samples contained therein shall not be subject to any |
24 | modified DNA search authorized under section 2318.1 (relating |
25 | to request for modified DNA search). |
26 | (4) This subsection shall apply as follows: |
27 | (i) Beginning 90 days after the effective date of |
28 | this subsection, any person required to provide a DNA |
29 | sample under this subsection for an arrest or charge |
30 | under 18 Pa.C.S. Chs. 25 (relating to criminal homicide), |
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1 | 26 (relating to crimes against unborn child) and 31 |
2 | (relating to sexual offenses) and §§ 6312 (relating to |
3 | sexual abuse of children) and 6320 (relating to sexual |
4 | exploitation of children) shall have a DNA sample |
5 | collected pursuant to this chapter. |
6 | (ii) Beginning one year after the effective date of |
7 | this subsection, any person required to provide a DNA |
8 | sample under this subsection for an arrest or charge |
9 | under 18 Pa.C.S. Chs. 27 (relating to assault), 33 |
10 | (relating to arson, criminal mischief and other property |
11 | destruction), 35 (relating to burglary and other criminal |
12 | intrusion), 37 (relating to robbery) and 43 (relating to |
13 | offenses against the family) shall have a DNA sample |
14 | collected pursuant to this chapter. |
15 | (iii) Beginning two years after the effective date |
16 | of this subsection, any person required to provide a DNA |
17 | sample under this subsection for an arrest or charge for |
18 | any other felony sex offense or other specified offense |
19 | shall have a sample collected pursuant to this chapter. |
20 | * * * |
21 | Section 3. Title 44 is amended by adding a section to read: |
22 | § 2316.1. Collection from other jurisdictions. |
23 | (a) Conditional acceptance.--When a person is accepted into |
24 | this Commonwealth for supervision from another jurisdiction |
25 | under the Interstate Compact for Supervision of Adult Offenders, |
26 | other reciprocal agreement with a Federal, state or county |
27 | agency, or a provision of law, whether or not the person is |
28 | confined or released, the acceptance shall be conditioned on the |
29 | offender's providing DNA samples under this chapter if the |
30 | offender has a past or present Federal, state or military court |
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1 | conviction or adjudication that is equivalent to a felony sex |
2 | offense or other specified offense as determined by the |
3 | Pennsylvania Board of Probation and Parole. Additional DNA |
4 | samples shall not be required if a DNA sample is currently on |
5 | file with CODIS or the State DNA Data Base. |
6 | (b) Time period.-- |
7 | (1) If the person accepted under subsection (a) is not |
8 | confined, the DNA sample and fingerprints required under this |
9 | chapter shall be provided within five calendar days after the |
10 | person reports to the supervising agent or within five |
11 | calendar days of notice to the person, whichever occurs |
12 | first. The person shall appear and the DNA samples shall be |
13 | collected in accordance with the provisions of this chapter. |
14 | (2) If the person accepted under subsection (a) is |
15 | confined, the person shall provide the DNA sample and |
16 | fingerprints required by this chapter within five calendar |
17 | days after the person is received at a place of incarceration |
18 | or confinement. |
19 | Section 4. Sections 2317(a)(1) and 2318(a) and (c) of Title |
20 | 44 are amended to read: |
21 | § 2317. Procedures for withdrawal, collection and transmission |
22 | of DNA samples. |
23 | (a) [Drawing] Collection of DNA samples.-- |
24 | (1) Each DNA sample required to be [drawn] collected |
25 | pursuant to [section] sections 2316 (relating to DNA sample |
26 | required upon arrest, criminal charge, conviction, |
27 | delinquency adjudication and certain ARD cases) and 2316.1 |
28 | (relating to collection from persons accepted from other |
29 | jurisdictions) from persons who are incarcerated or confined |
30 | shall be [drawn] collected at the place of incarceration or |
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1 | confinement as provided for in section 2316. DNA samples from |
2 | persons who are not ordered or sentenced to a term of |
3 | confinement shall be [drawn] collected at a prison, jail |
4 | unit, juvenile facility or other facility to be specified by |
5 | the court. Only those individuals qualified to draw DNA blood |
6 | samples in a medically approved manner shall draw a DNA blood |
7 | sample to be submitted for DNA analysis. Such sample and the |
8 | set of fingerprints provided for in paragraph (2) shall be |
9 | delivered to the State Police within 48 hours of [drawing] |
10 | collecting the sample. |
11 | * * * |
12 | § 2318. Procedures for conduct, disposition and use of DNA |
13 | analysis. |
14 | (a) Procedures.-- |
15 | (1) The State Police shall [prescribe] develop |
16 | guidelines to implement this chapter, including procedures to |
17 | be used in the collection, submission, identification, |
18 | analysis, storage and disposition of DNA samples and typing |
19 | results of DNA samples submitted under the former DNA Act, |
20 | former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) |
21 | or this chapter. |
22 | (2) The DNA sample typing results shall be securely |
23 | stored in the State DNA Data Base, and records of testing |
24 | shall be retained on file with the State Police consistent |
25 | with the procedures established by the FBI quality assurance |
26 | standards for forensic DNA testing laboratories and DNA data |
27 | basing laboratories and CODIS policies and procedures. |
28 | (3) These procedures shall also include quality |
29 | assurance guidelines to ensure that DNA identification |
30 | records meet standards for accredited forensic DNA |
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1 | laboratories which submit DNA records to the State DNA Data |
2 | Base. |
3 | (4) The guidelines shall address the following: |
4 | (i) Verification of accreditation. |
5 | (ii) Compliance with FBI quality assurance standards |
6 | including continuing education requirements for the |
7 | personnel of forensics DNA testing laboratories. |
8 | * * * |
9 | (c) Use of tests.-- |
10 | (1) Except as otherwise provided in section 2319(c) |
11 | (relating to DNA data base exchange), the tests to be |
12 | performed on each DNA sample shall be used only for law |
13 | enforcement identification purposes or to assist in the |
14 | recovery or identification of human remains from disasters or |
15 | for other humanitarian identification purposes, including |
16 | identification of missing persons. |
17 | (2) No DNA sample or DNA record shall be used for human |
18 | behavioral genetic research. |
19 | * * * |
20 | Section 5. Title 44 is amended by adding a section to read: |
21 | § 2318.1. Request for modified DNA search. |
22 | (a) General rule.-- |
23 | (1) A criminal justice agency may request in writing |
24 | that the State Police perform a modified DNA search in an |
25 | unsolved case and shall provide information as required by |
26 | the State Police. |
27 | (2) The State Police shall grant a request to conduct a |
28 | modified DNA search if the State Police determine that the |
29 | request complies with subsection (d)(2). |
30 | (b) Modified DNA search.-- |
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1 | (1) The State Police shall conduct a modified DNA search |
2 | if it grants a request under subsection (a)(2). |
3 | (2) The State Police may conduct a modified DNA search |
4 | in unsolved cases without the request of a criminal justice |
5 | agency only if the State Police determine that they would |
6 | have granted a request had a request been made by a criminal |
7 | justice agency. |
8 | (3) In all cases, the State Police shall use procedures |
9 | for conducting a modified DNA search that are consistent with |
10 | the regulations published under subsection (d)(3). |
11 | (c) Release of information from a modified DNA search.--The |
12 | State Police shall provide the requesting criminal justice |
13 | agency with personally identifying information on individuals |
14 | whose DNA records were identified through a modified DNA search. |
15 | (d) Requirements.-- |
16 | (1) The State Police shall require a criminal justice |
17 | agency to provide assurances and information in support of |
18 | its request for a modified DNA search, including: |
19 | (i) A representation that a modified DNA search is |
20 | necessary for law enforcement identification purposes in |
21 | an unsolved case. |
22 | (ii) A representation that all other investigative |
23 | leads have been pursued. |
24 | (iii) A commitment to further investigate the case |
25 | if personal identifying information from a modified DNA |
26 | search is provided. |
27 | (iv) Any other information the State Police deem |
28 | necessary. |
29 | (2) The State Police shall grant a modified DNA search |
30 | request so long as the State Police determine that: |
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1 | (i) The crime scene DNA profile has sufficient size, |
2 | quality and integrity. |
3 | (ii) The crime scene DNA profile has previously been |
4 | subjected to a routine DNA search against the State DNA |
5 | Data Base. |
6 | (iii) The modified DNA search is necessary for law |
7 | enforcement identification purposes in an unsolved case. |
8 | (iv) The criminal justice agency has pursued all |
9 | other investigative leads. |
10 | (v) Any relevant consideration, including factors or |
11 | requirements considered by any other jurisdiction, |
12 | supports granting the request. |
13 | (3) The State Police shall adopt a procedure to conduct |
14 | modified DNA searches based on scientifically valid and |
15 | reliable methods to determine that a crime scene DNA profile |
16 | is sufficiently likely to have originated from a close |
17 | relative of an individual whose DNA profile is recorded in |
18 | the State DNA Data Base. The State Police may require the |
19 | following: |
20 | (i) An analysis of the rarity in the relevant |
21 | population of each shared DNA characteristic. |
22 | (ii) An analysis of the pattern of shared DNA |
23 | characteristics. |
24 | (iii) Y chromosome analysis. |
25 | (iv) Mitochondrial DNA analysis. |
26 | (v) Any other suitable method designed to determine |
27 | that a crime scene DNA profile originated from a close |
28 | relative of an individual in the State DNA Data Base. |
29 | The State Police shall not be limited to procedures or |
30 | methods used by the FBI in conducting moderate or low |
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1 | stringency CODIS searches. |
2 | Section 6. Sections 2319(a) and (c) and 2321(a) and (b) of |
3 | Title 44 are amended to read: |
4 | § 2319. DNA data base exchange. |
5 | (a) Receipt of DNA samples by State Police.--It shall be the |
6 | duty of the State Police to receive DNA samples, to store, to |
7 | perform analysis or to contract for DNA typing analysis with [a |
8 | qualified] an accredited forensic DNA laboratory that meets the |
9 | guidelines and regulations under section 2318 (relating to |
10 | procedures for conduct, disposition and use of DNA analysis) as |
11 | established by the State Police, to classify and to file the DNA |
12 | record of identification characteristic profiles of DNA samples |
13 | submitted under the former DNA Act, former 42 Pa.C.S. Ch. 47 |
14 | (relating to DNA data and testing) or this chapter and to make |
15 | such information available as provided in this section. The |
16 | State Police may contract [out] for the storage of DNA typing |
17 | analysis [and may contract out] or DNA typing analysis to [a |
18 | qualified] an accredited forensic DNA laboratory that meets |
19 | guidelines and regulations as established by the State Police |
20 | under section 2318. The results of the DNA profile of |
21 | individuals in the State DNA Data Base shall be made available: |
22 | (1) to criminal justice agencies or [approved crime] |
23 | CODIS-participating DNA laboratories which serve these |
24 | agencies; or |
25 | (2) upon written or electronic request and in |
26 | furtherance of an official investigation of a criminal |
27 | offense or offender or suspected offender. |
28 | * * * |
29 | (c) Population data base.-- |
30 | (1) The State Police may establish a separate population |
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1 | data base comprised of DNA samples obtained under this |
2 | chapter after all personal identification is removed. |
3 | (2) The State Police may share or disseminate the |
4 | population data base with other criminal justice agencies or |
5 | [crime] CODIS-participating DNA laboratories that serve to |
6 | assist the State Police with statistical data bases. |
7 | (3) The population data base may be made available to |
8 | and searched by other agencies participating in the CODIS |
9 | system. |
10 | § 2321. Expungement. |
11 | [(a) General rule.--A person whose DNA sample, record or |
12 | profile has been included in the State DNA Data Bank or the |
13 | State DNA Data Base pursuant to the former DNA Act, former 42 |
14 | Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
15 | chapter may request expungement on the grounds that |
16 | the conviction or delinquency adjudication on which |
17 | the authority for including that person's DNA sample, record |
18 | or profile was based has been reversed and the case |
19 | dismissedor that |
20 | the DNA sample, record or profile was included in the |
21 | State DNA Data Bank or the State DNA Data Base by mistake. |
22 | (b) Duty of State Police.--The State Police shall purge all |
23 | records and identifiable information in the State DNA Data Bank |
24 | or State DNA Data Base pertaining to the person and destroy each |
25 | sample, record and profile from the person upon: |
26 | (1) receipt of a written request for expungement |
27 | pursuant to this section and a certified copy of the final |
28 | court order reversing and dismissing the conviction; or |
29 | (2) clear and convincing proof that the sample record or |
30 | profile was included by mistake.] |
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1 | (a) General rule.--A person whose DNA sample, record or |
2 | profile has been included in the State DNA Data Bank or the |
3 | State DNA Data Base under the former DNA Act, former provisions |
4 | of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
5 | chapter may have the DNA sample, record or profile expunged in |
6 | accordance with this section. |
7 | (b) Expungement by request.--A person whose DNA sample, |
8 | record or profile has been included in the State DNA Data Bank |
9 | or the State DNA Date Base under the former DNA Act, former |
10 | provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and |
11 | testing) or this chapter may file an expungement request with |
12 | the State Police on the grounds that the DNA sample, record or |
13 | profile was included in the State DNA Data Bank or the State DNA |
14 | Data Base by mistake. A person requesting expungement under this |
15 | subsection shall be required to prove that the DNA sample, |
16 | record or profile has been included in the State DNA Data Bank |
17 | or the State DNA Data Base by clear and convincing evidence. |
18 | (c) Mandatory expungement.--The following shall apply: |
19 | (1) Except as provided in paragraph (2), all records and |
20 | identifiable information, including any sample, record or |
21 | profile, in the State DNA Data Bank or the State DNA Data |
22 | Base pertaining to a person shall be destroyed in the |
23 | following instances: |
24 | (i) the arrest, charge, conviction or delinquency |
25 | adjudication on which the authority for including the |
26 | person's DNA sample, record or profile was based has been |
27 | reversed and the case dismissed; |
28 | (ii) the charge on which the authority for including |
29 | the person's DNA sample, record or profile has been |
30 | dismissed and the prosecuting authority is barred from |
|
1 | seeking a retrial; |
2 | (iii) there has been a judgment of acquittal on the |
3 | charge on which the authority for including the person's |
4 | DNA sample, record or profile was based; |
5 | (iv) the person from whom the sample was taken was |
6 | not charged with the crime on which the authority for |
7 | including the person's DNA sample, record or profile was |
8 | based; |
9 | (v) the prosecuting authority has elected not to |
10 | commence criminal proceeding against the person for the |
11 | crime on which the authority for including the person's |
12 | DNA sample, record or profile was based; |
13 | (vi) charges for the crime on which the authority |
14 | for including the person's DNA sample, record or profile |
15 | was based were not filed within the statute of |
16 | limitations; and |
17 | (vii) the person is granted an unconditional pardon |
18 | for the crime on which the authority for including the |
19 | person's DNA sample, record or profile was based. |
20 | (2) The provisions of paragraph (1) shall not apply if |
21 | the person has been arrested, charged, convicted or |
22 | adjudicated delinquent for any other crime for which a DNA |
23 | sample, record or profile is required under this chapter. |
24 | (d) Disposition reporting.--All criminal justice agencies, |
25 | including law enforcement agencies, district attorneys and |
26 | courts shall submit reports of dispositions that require |
27 | mandatory expungement under subsection (c)(1) to the State |
28 | Police within 60 days of the date of such disposition. Courts |
29 | shall collect and submit criminal court dispositions as required |
30 | by the Administrative Office of Pennsylvania Courts. |
|
1 | (e) Duties of State Police.--The following shall apply: |
2 | (1) Upon receipt of any report of disposition under |
3 | subsection (d), the State Police shall immediately purge all |
4 | records and identifiable information in the State DNA Data |
5 | Bank or the State DNA Data Base pertaining to a person and |
6 | destroy each sample, record and profile of the person. |
7 | (2) The expungement shall be processed at no cost to the |
8 | person from whom the DNA sample was taken. |
9 | (3) The State Police shall provide written notice of the |
10 | expungement to the person and his attorney of record, if any, |
11 | within 45 days after expunging and destroying the sample, |
12 | record and profile. |
13 | (4) The State Police shall provide the CODIS expungement |
14 | policy to any person whose sample, record and profile has |
15 | been expunged and destroyed under this section if such |
16 | information has been transferred to CODIS. |
17 | * * * |
18 | Section 7. Title 44 is amended by adding a section to read: |
19 | § 2337. Severability. |
20 | The provisions of this chapter are severable. If any |
21 | provision of this chapter or its application to any person or |
22 | circumstance is held invalid, the invalidity shall not affect |
23 | other provisions or applications of this chapter which can be |
24 | given effect without the invalid provision or application. |
25 | Section 8. This act shall take effect in 270 days. |
26 | Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314, | <-- |
27 | 2315 and 2316 of Title 44 of the Pennsylvania Consolidated |
28 | Statutes are amended to read: |
29 | § 2302. Policy. |
30 | The General Assembly finds and declares that: |
|
1 | (1) DNA data banks are an important tool in criminal |
2 | investigations, in [the exclusion of] excluding innocent |
3 | individuals who are the subject of criminal investigations or |
4 | prosecutions and in [deterring and detecting recidivist acts] |
5 | detecting and deterring repeated crimes by the same |
6 | individual. |
7 | (2) Several states have enacted laws requiring persons |
8 | arrested, charged or convicted of certain crimes, especially | <-- |
9 | sex offenses, to provide genetic samples for DNA profiling. |
10 | (2.1) Several states have authorized the disclosure of | <-- |
11 | DNA profiles in their state's DNA data base where comparison |
12 | of DNA linked to a crime with the known offender DNA profile |
13 | in the data base establishes the likelihood of a close |
14 | familial relationship between the two. |
15 | (3) Moreover, it is the policy of the Commonwealth to |
16 | assist Federal, State and local criminal justice and law |
17 | enforcement agencies in the identification and detection of |
18 | individuals in criminal investigations. |
19 | (4) It is therefore in the best interest of the |
20 | Commonwealth to establish a DNA data base and a DNA data bank |
21 | containing DNA samples submitted by individuals arrested for, | <-- |
22 | charged with, convicted of, adjudicated delinquent for or |
23 | accepted into ARD for criminal homicides, felony sex offenses |
24 | and other specified offenses. |
25 | (5) It is in the best interest of the Commonwealth to |
26 | authorize the State Police to use DNA analysis and to |
27 | identify these individuals to a criminal justice agency in |
28 | certain cases. |
29 | § 2303. Definitions. |
30 | The following words and phrases when used in this chapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Accredited forensic DNA laboratory." A forensic DNA |
4 | laboratory that has received accreditation by an accrediting |
5 | body nationally recognized within the forensic science community |
6 | in accordance with the FBI Quality Assurance Standards to |
7 | perform forensic DNA testing and is in compliance with FBI |
8 | quality assurance standards. |
9 | "ARD." Accelerated Rehabilitative Disposition. |
10 | "CODIS." The [term is derived from] Combined DNA Index |
11 | System[, the Federal Bureau of Investigation's national DNA |
12 | identification index system that allows the storage and exchange |
13 | of DNA records submitted by state and local forensic DNA |
14 | laboratories] established and maintained by the Federal Bureau |
15 | of Investigation. |
16 | "Commissioner." The Commissioner of the Pennsylvania State |
17 | Police. |
18 | "Crime scene DNA profile." A DNA profile derived from a DNA |
19 | sample recovered from a victim, crime scene or item linked to a |
20 | crime, which may have originated from a perpetrator. |
21 | "Criminal homicide." Any of the following: |
22 | (1) 18 Pa.C.S. § 2501 (relating to criminal homicide). |
23 | (2) 18 Pa.C.S. § 2502 (relating to murder). |
24 | (3) 18 Pa.C.S. § 2503 (relating to voluntary |
25 | manslaughter). |
26 | (4) 18 Pa.C.S. § 2504 (relating to involuntary |
27 | manslaughter), when the offense is graded as a felony. |
28 | (5) 18 Pa.C.S. § 2505 (relating to causing or aiding |
29 | suicide), when the offense is graded as a felony. |
30 | (6) 18 Pa.C.S. § 2506 (relating to drug delivery |
|
1 | resulting in death). |
2 | (7) 18 Pa.C.S. § 2507 (relating to criminal homicide of |
3 | law enforcement officer). |
4 | (8) 18 Pa.C.S. § 2603 (relating to criminal homicide of |
5 | unborn child). |
6 | (9) 18 Pa.C.S. § 2604 (relating to murder of unborn |
7 | child). |
8 | (10) 18 Pa.C.S. § 2605 (relating to voluntary |
9 | manslaughter of unborn child). |
10 | "Criminal justice agency." A criminal justice agency as |
11 | defined in 18 Pa.C.S. § 9102 (relating to definitions). |
12 | "DNA." Deoxyribonucleic acid[. DNA is located in the cells |
13 | and provides an individual's personal genetic blueprint. DNA] |
14 | located in the chromosomes or mitochondria of a living |
15 | organism's cells which encodes genetic information that is the |
16 | basis of human heredity and forensic identification. |
17 | "DNA record." DNA profile and identification information |
18 | stored in the State DNA Data Base or the Combined DNA Index |
19 | System for the purpose of generating investigative leads or |
20 | supporting statistical interpretation of DNA test results. The |
21 | term includes nuclear and mitochondrial typing. The DNA record |
22 | is the result obtained from the DNA typing tests. [The DNA |
23 | record is comprised of the characteristics of a DNA sample which |
24 | are of value in establishing the identity of individuals. The |
25 | results of all DNA identification tests on an individual's DNA |
26 | sample are also collectively referred to as the DNA profile of |
27 | an individual.] |
28 | "DNA sample." [A blood or tissue sample provided by any |
29 | person with respect to offenses covered by this chapter or |
30 | submitted to the Pennsylvania State Police laboratory pursuant |
|
1 | to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009, |
2 | No.14), known as the DNA Detection of Sexual and Violent |
3 | Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA |
4 | data and testing) or to this chapter for analysis or storage, or |
5 | both.] A sample of biological material suitable for DNA |
6 | analysis. |
7 | "FBI." The Federal Bureau of Investigation. |
8 | "Felony sex offense." A felony offense or an attempt, |
9 | conspiracy or solicitation to commit a felony offense under any |
10 | of the following: |
11 | 18 Pa.C.S. Ch. 31 (relating to sexual offenses). |
12 | 18 Pa.C.S. § 3130 (relating to conduct relating to sex |
13 | offenders). |
14 | 18 Pa.C.S. § 4302 (relating to incest). |
15 | 18 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv) |
16 | (relating to prostitution and related offenses). |
17 | 18 Pa.C.S. § 5903(a) (relating to obscene and other |
18 | sexual materials and performances) where the offense |
19 | constitutes a felony. |
20 | [18 Pa.C.S. § 6312 (relating to sexual abuse of |
21 | children). |
22 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
23 | minor) where the most serious underlying offense for which |
24 | the defendant contacted the minor is graded as a felony. |
25 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
26 | children).] |
27 | Any offense graded as a felony requiring registration |
28 | under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of |
29 | sexual offenders). |
30 | "Forensic DNA laboratory." A laboratory that performs |
|
1 | forensic DNA testing for the purposes of identification. |
2 | "Forensic DNA testing." A test that applies techniques from |
3 | molecular biology to analyze deoxyribonucleic acid (DNA) to |
4 | identify characteristics unique to a particular individual. |
5 | "Former DNA Act." The former act of May 28, 1995 (1st |
6 | Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual |
7 | and Violent Offenders Act. |
8 | "Fund." The DNA Detection Fund reestablished in section 2335 |
9 | (relating to DNA Detection Fund). |
10 | "Human behavioral genetic research." The study of the |
11 | possible genetic underpinnings of behaviors, including, but not |
12 | limited to, aggression, substance abuse, social attitudes, |
13 | mental abilities, sexual activity and eating habits. |
14 | "Law enforcement identification purposes." Assisting in the |
15 | determination of the identity of an individual whose DNA is |
16 | contained in a biological sample. |
17 | "Mitochondrial DNA analysis." A method that applies |
18 | techniques from molecular biology to analyze DNA found in the |
19 | mitochondria of cells. |
20 | "Modified DNA search." A search of the State DNA Data Base, | <-- |
21 | using scientifically valid and reliable methods in accordance |
22 | with rules, regulations and guidelines promulgated under section |
23 | 2318 (relating to procedures for conduct, disposition and use of |
24 | DNA analysis), to determine that a crime scene DNA profile is |
25 | sufficiently likely to have originated from a close relative of |
26 | an individual whose DNA profile is recorded in the State DNA |
27 | Data Base. |
28 | "Other specified offense." Any of the following: |
29 | (1) A felony offense, other than criminal homicide or a |
30 | felony sex offense. |
|
1 | [(2) An offense under 18 Pa.C.S. § 2910 (relating to |
2 | luring a child into a motor vehicle or structure) or 3126 |
3 | (relating to indecent assault) or an attempt to commit such |
4 | an offense. |
5 | (3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H |
6 | (relating to registration of sexual offenders).] |
7 | (4) 18 Pa.C.S. § 2701(b)(2) (relating to simple |
8 | assault). |
9 | (5) 18 Pa.C.S. § 2902(a) (relating to unlawful |
10 | restraint). |
11 | (6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal |
12 | trespass). |
13 | (7) 18 Pa.C.S. § 4303 (relating to concealing death of |
14 | child). |
15 | (8) 18 Pa.C.S. § 4305 (relating to dealing in infant |
16 | children). |
17 | (9) A misdemeanor offense requiring registration under |
18 | 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of |
19 | sexual offenders). |
20 | "State Police." The Pennsylvania State Police. |
21 | "Y chromosome analysis." A method that applies techniques |
22 | from molecular biology to examine DNA found on the Y chromosome. |
23 | § 2311. Powers and duties of State Police. |
24 | In addition to any other powers and duties conferred by this |
25 | chapter, the State Police shall: |
26 | * * * |
27 | (2) Promulgate [rules and regulations], as necessary, |
28 | rules, regulations and guidelines to carry out the provisions |
29 | of this chapter. |
30 | * * * |
|
1 | § 2312. State DNA Data Base. |
2 | [The State DNA Data Base is reestablished. It shall be |
3 | administered by the State Police and provide DNA records to the |
4 | FBI for storage and maintenance by CODIS.] A Statewide DNA Data |
5 | Base is established within the State Police to store DNA records |
6 | from DNA samples submitted for analysis and storage to the State |
7 | Police laboratory under the former DNA Act, the former |
8 | provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and |
9 | testing) or to this chapter, and to provide DNA records to |
10 | CODIS. The State DNA Data Base shall have the capability |
11 | provided by computer software and procedures administered by the |
12 | State Police to store and maintain DNA records related to: |
13 | (1) forensic casework; |
14 | (2) [convicted] arrestees and convicted or delinquency | <-- |
15 | adjudicated offenders required to provide a DNA sample under |
16 | this chapter; and |
17 | (3) anonymous DNA records used for statistical research |
18 | [or] on the frequency of DNA genotypes, quality control or |
19 | the development of new DNA identification methods. |
20 | § 2313. State DNA Data Bank. |
21 | The State DNA Data Bank is reestablished. It shall serve as |
22 | the repository of DNA samples collected under this chapter or |
23 | under prior law. |
24 | § 2314. State Police recommendation of additional offenses and | <-- |
25 | annual report. |
26 | (a) Recommendation.--The State Police may recommend to the | <-- |
27 | General Assembly that it enact legislation for the inclusion of |
28 | additional offenses for which DNA samples shall be taken and |
29 | otherwise subjected to the provisions of this chapter. In |
30 | determining whether to recommend additional offenses, the State |
|
1 | Police shall consider those offenses for which DNA testing will |
2 | have a substantial impact on the detection and identification of |
3 | sex offenders and [violent] other offenders. |
4 | (b) Annual report.--No later than August 1 of each year, the | <-- |
5 | commissioner shall submit to the Governor's Office, the majority |
6 | and minority chairmen of the Senate Judiciary Committee and the |
7 | majority and minority chairmen of the House Judiciary Committee, |
8 | a written report containing information regarding the collection |
9 | and testing of DNA samples under the provisions of this chapter. |
10 | The report must include, but need not be limited to, the |
11 | following information pertaining to the previous fiscal year: |
12 | (1) The number of DNA samples collected at arrest. |
13 | (2) The number of DNA samples collected at arrest that |
14 | contributed to the filing of charges in or the closing of |
15 | investigations related to previously unsolved offenses. |
16 | (3) The number of acquittals, convictions and dismissals |
17 | in cases where DNA samples collected at arrest contributed to |
18 | the filing of charges in previously unsolved offenses. |
19 | (4) The age, ethnicity, race and sex of arrestees from |
20 | whom DNA samples were collected at arrest and upon |
21 | conviction. |
22 | (5) The fiscal impact on the State Police of collecting |
23 | DNA samples from persons convicted of offenses. |
24 | (6) The fiscal impact on the State Police of collecting |
25 | DNA samples from arrestees. |
26 | (7) The number of DNA samples collected at arrest that |
27 | were expunged from the Statewide DNA Data Base by request, by |
28 | court order, as a result of acquittal, as a result of charges |
29 | never having been filed and because charges filed were |
30 | dismissed. |
|
1 | (8) The average length of time between the collection of |
2 | DNA samples from arrestees and from those convicted of |
3 | offenses and the completion of forensic DNA testing of each |
4 | of those categories of DNA samples. |
5 | (9) Recommendations, if any, under this section for the |
6 | inclusion of additional offenses for which DNA samples must |
7 | be collected or recommendations for the removal of specific |
8 | offenses from the categories requiring the collection of DNA |
9 | samples from arrestees or persons convicted of crimes. |
10 | § 2315. Procedural compatibility with FBI. |
11 | The DNA identification system [as] established by the State |
12 | Police shall be compatible with the procedures [specified] |
13 | established by the FBI quality assurance standards for forensic |
14 | DNA testing laboratories and DNA data basing laboratories and |
15 | CODIS policies and procedures, including use of comparable test |
16 | procedures, laboratory equipment, supplies and computer |
17 | software. |
18 | § 2316. DNA sample required [upon conviction, delinquency |
19 | adjudication and certain ARD cases]. |
20 | (a) [General rule] Conviction or adjudication.--A person who |
21 | is convicted or adjudicated delinquent for criminal homicide, a |
22 | felony sex offense or other specified offense or who is or |
23 | remains incarcerated for criminal homicide, a felony sex offense | <-- |
24 | or other specified offense on or after the effective date of |
25 | this chapter shall have a DNA sample [drawn] collected as |
26 | follows: |
27 | (1) A person who is sentenced or receives a delinquency |
28 | disposition to a term of confinement for an offense covered |
29 | by this subsection shall have a DNA sample [drawn] collected |
30 | upon intake to a prison, jail or juvenile detention facility |
|
1 | or any other detention facility or institution. If the person |
2 | is already confined at the time of sentencing or |
3 | adjudication, the person shall have a DNA sample [drawn] |
4 | collected immediately after the sentencing or adjudication. |
5 | If a DNA sample is not timely [drawn] collected in accordance |
6 | with this section, the DNA sample may be [drawn] collected |
7 | any time thereafter by the prison, jail, juvenile detention |
8 | facility, detention facility or institution. |
9 | (2) A person who is convicted or adjudicated delinquent |
10 | for an offense covered by this subsection shall have a DNA |
11 | sample [drawn] collected as a condition for any sentence or |
12 | adjudication which disposition will not involve an intake |
13 | into a prison, jail, juvenile detention facility or any other |
14 | detention facility or institution. |
15 | (3) Under no circumstances shall a person who is |
16 | convicted or adjudicated delinquent for an offense covered by |
17 | this subsection be released in any manner after such |
18 | disposition unless and until a DNA sample [has been |
19 | [withdrawn] and fingerprints have been collected. |
20 | (b) Condition of release, probation or parole.-- |
21 | (1) A person who has been convicted or adjudicated |
22 | delinquent for criminal homicide, a felony sex offense or |
23 | other specified offense and who serves a term of confinement |
24 | in connection therewith after June 18, 2002, shall not be |
25 | released in any manner unless and until a DNA sample has been |
26 | [withdrawn] collected. |
27 | (2) This chapter shall apply to incarcerated persons |
28 | convicted or adjudicated delinquent for criminal homicide, a |
29 | felony sex offense or other specified offense prior to June |
30 | 19, 2002. |
|
1 | (3) This chapter shall apply to incarcerated persons and |
2 | persons on probation or parole who were convicted or |
3 | adjudicated delinquent for criminal homicide, a felony sex |
4 | offense or other specified offenses prior to the effective |
5 | date of this paragraph. |
6 | (c) Certain ARD cases.--Acceptance into ARD as a result of a |
7 | criminal charge for criminal homicide, a felony sex offense or |
8 | other specified offense filed after June 18, 2002, [may] shall |
9 | be conditioned upon the [giving] collection of a DNA sample. |
10 | (c.1) Arrest.--A person who is arrested in this Commonwealth | <-- |
11 | for criminal homicide and felony sex offenses shall have a DNA |
12 | sample collected as follows: |
13 | (1) A person who is arrested for an offense covered |
14 | under this subsection shall have a DNA sample collected no |
15 | later than five days after the date of the arrest. |
16 | (2) If a DNA sample is not timely collected in |
17 | accordance with this subsection, the DNA sample may be |
18 | collected any time thereafter by a law enforcement official, |
19 | prison, jail, juvenile detention facility, detention facility |
20 | or institution. |
21 | (3) A person who is arrested for an offense covered |
22 | under this subsection may not be released unless and until a |
23 | DNA sample and fingerprints have been collected. |
24 | (4) This subsection shall apply as follows: |
25 | (i) Beginning one year after the effective date of |
26 | this subsection, any person arrested for criminal |
27 | homicide shall have a DNA sample collected under this |
28 | subsection upon arrest. |
29 | (ii) Beginning two years after the effective date of |
30 | this subsection, any person arrested for a felony sex |
|
1 | offense shall have a DNA sample collected under this |
2 | subsection upon arrest. |
3 | (d) Supervision of DNA samples.--All DNA samples taken |
4 | pursuant to this section shall be taken in accordance with |
5 | rules, regulations and guidelines promulgated by the State |
6 | Police in consultation with the Department of Corrections. |
7 | (d.1) Mandatory submission.--The requirements of this |
8 | chapter are mandatory and apply regardless of whether a court |
9 | advises a person that a DNA sample must be provided to the State |
10 | DNA Data Base and the State DNA Data Bank as a result of [a] an | <-- |
11 | arrest, conviction or adjudication of delinquency. A person who |
12 | has been sentenced to death or life imprisonment without the |
13 | possibility of parole or to any term of incarceration is not |
14 | exempt from the requirements of this chapter. Any person subject |
15 | to this chapter who has not provided a DNA sample for any |
16 | reason, including because of an oversight or error, shall |
17 | provide a DNA sample for inclusion in the State DNA Data Base |
18 | and the State DNA Data Bank after being notified by authorized |
19 | law enforcement or corrections personnel. If a person provides a |
20 | DNA sample which is not adequate for any reason, the person |
21 | shall provide another DNA sample for inclusion in the State DNA |
22 | Data Base and the State DNA Data Bank after being notified by |
23 | authorized law enforcement or corrections personnel. The |
24 | collection of a DNA sample under this chapter shall not be |
25 | required if the authorized law enforcement or corrections |
26 | official confirms that a DNA sample from the person has already |
27 | been validly collected and provided to the State DNA Data Base |
28 | and the State DNA Data Bank. |
29 | (e) Definition.--As used in this section, the term |
30 | "released" means any release, parole, furlough, work release, |
|
1 | prerelease or release in any other manner from a prison, jail, |
2 | juvenile detention facility or any other place of confinement. |
3 | Section 2. Title 44 is amended by adding a section to read: |
4 | § 2316.1. Collection from persons accepted from other |
5 | jurisdictions. |
6 | (a) Conditional acceptance.--When a person is accepted into |
7 | this Commonwealth for supervision from another jurisdiction |
8 | under the Interstate Compact for Supervision of Adult Offenders, |
9 | other reciprocal agreement with a Federal, state or county |
10 | agency, or a provision of law, whether or not the person is |
11 | confined or released, the acceptance shall be conditioned on the |
12 | offender's providing DNA samples under this chapter if the |
13 | offender has a past or present Federal, state or military court |
14 | conviction or adjudication that is equivalent to criminal |
15 | homicide, a felony sex offense or other specified offense as |
16 | determined by the Pennsylvania Board of Probation and Parole. |
17 | Additional DNA samples shall not be required if a DNA sample is |
18 | currently on file with the State DNA Data Base. |
19 | (b) Time period.-- |
20 | (1) If the person accepted under subsection (a) is not |
21 | confined, the DNA sample and fingerprints required under this |
22 | chapter shall be provided within five calendar days after the |
23 | person reports to the supervising agent or within five |
24 | calendar days of notice to the person, whichever occurs |
25 | first. The person shall appear and the DNA samples shall be |
26 | collected in accordance with the provisions of this chapter. |
27 | (2) If the person accepted under subsection (a) is |
28 | confined, the person shall provide the DNA sample and |
29 | fingerprints required by this chapter within five calendar |
30 | days after the person is received at a place of incarceration |
|
1 | or confinement. |
2 | Section 3. Sections 2317(a)(1) and (b) and 2318(a) and (c) |
3 | of Title 44 are amended to read: |
4 | § 2317. Procedures for [withdrawal,] collection and |
5 | transmission of DNA samples. |
6 | (a) [Drawing] Collection of DNA samples.-- |
7 | (1) Each DNA sample required to be [drawn] collected |
8 | pursuant to [section] sections 2316 (relating to DNA sample |
9 | required [upon conviction, delinquency adjudication and |
10 | certain ARD cases]) and 2316.1 (relating to collection from |
11 | persons accepted from other jurisdictions) from persons who |
12 | are incarcerated or confined shall be [drawn] collected at |
13 | the place of incarceration or confinement as provided for in |
14 | section 2316. DNA samples from persons who are not ordered or |
15 | sentenced to a term of confinement shall be [drawn] collected |
16 | at a prison, jail unit, juvenile facility or other facility |
17 | to be specified by the court. [Only] For DNA blood samples, |
18 | only those individuals qualified to draw DNA blood samples in |
19 | a medically approved manner shall draw a DNA blood sample to |
20 | be submitted for DNA analysis. [Such sample] DNA samples and |
21 | the set of fingerprints provided for in paragraph (2) shall |
22 | be delivered to the State Police within 48 hours of [drawing] |
23 | collecting the sample. |
24 | * * * |
25 | (b) Limitation on liability.--Persons authorized to [draw] |
26 | collect DNA samples under this section shall not be criminally |
27 | liable for withdrawing a DNA sample and transmitting test |
28 | results pursuant to this chapter if they perform these |
29 | activities in good faith and shall not be civilly liable for |
30 | such activities when the person acted in a reasonable manner |
|
1 | according to generally accepted medical and other professional |
2 | practices. |
3 | § 2318. Procedures for conduct, disposition and use of DNA |
4 | analysis. |
5 | (a) Procedures.-- |
6 | (1) The State Police shall [prescribe] promulgate, as |
7 | necessary, rules, regulations and guidelines to implement |
8 | this chapter, including procedures to be used in the |
9 | collection, submission, identification, analysis, storage and |
10 | disposition of DNA samples and typing results of DNA samples |
11 | submitted under the former DNA Act, former provisions of 42 |
12 | Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
13 | chapter. |
14 | (2) The DNA sample typing results shall be securely |
15 | stored in the State DNA Data Base, and records of testing |
16 | shall be retained on file with the State Police consistent |
17 | with the procedures established by the FBI quality assurance |
18 | standards for forensic DNA testing laboratories and DNA data |
19 | basing laboratories and CODIS policies and procedures. |
20 | (3) These procedures shall also include quality |
21 | assurance guidelines to ensure that DNA identification |
22 | records meet standards for accredited forensic DNA |
23 | laboratories which submit DNA records to the State DNA Data |
24 | Base. |
25 | (4) The rules, regulations and guidelines shall address |
26 | the following: |
27 | (i) Verification of accreditation. |
28 | (ii) Compliance with FBI quality assurance standards |
29 | including continuing education requirements for the |
30 | personnel of forensics DNA testing laboratories. |
|
1 | * * * |
2 | (c) Use of tests.-- |
3 | (1) Except as otherwise provided in section 2319(c) |
4 | (relating to DNA data base exchange), the tests to be |
5 | performed on each DNA sample shall be used only for law |
6 | enforcement identification purposes or to assist in the |
7 | recovery or identification of human remains from disasters or |
8 | for other humanitarian identification purposes, including |
9 | identification of missing persons. |
10 | (2) No DNA sample or DNA record, record or profile | <-- |
11 | acquired under this chapter may be used for human behavioral |
12 | genetic research or for nonlaw enforcement or nonhumanitarian |
13 | identification purposes. |
14 | * * * |
15 | Section 4. Title 44 is amended by adding a section to read: | <-- |
16 | § 2318.1. Request for modified DNA search. |
17 | (a) General rule.-- |
18 | (1) A criminal justice agency may request in writing |
19 | that the State Police perform a modified DNA search in an |
20 | unsolved case and shall provide information as required by |
21 | the State Police. |
22 | (2) The State Police may grant a request to conduct a |
23 | modified DNA search if the State Police determine that the |
24 | request complies with subsection (d)(2). |
25 | (b) Modified DNA search.-- |
26 | (1) The State Police may conduct a modified DNA search |
27 | if it grants a request under subsection (a)(2). |
28 | (2) The State Police may conduct a modified DNA search |
29 | in unsolved cases without the request of a criminal justice |
30 | agency if the State Police determine that they would have |
|
1 | granted a request had a request been made by a criminal |
2 | justice agency. |
3 | (3) In all cases, the State Police shall use procedures |
4 | for conducting a modified DNA search that are consistent with |
5 | the rules, regulations and guidelines promulgated under |
6 | section 2318 (relating to procedures for conduct, disposition |
7 | and use of DNA analysis). |
8 | (c) Release of information from a modified DNA search.--The |
9 | State Police shall provide the requesting criminal justice |
10 | agency with personally identifying information on individuals |
11 | whose DNA records were identified through a modified DNA search. |
12 | (d) Requirements.-- |
13 | (1) The State Police shall require a criminal justice |
14 | agency to provide assurances and information in support of |
15 | its request for a modified DNA search, including: |
16 | (i) A representation that a modified DNA search is |
17 | necessary for law enforcement identification purposes in |
18 | an unsolved case. |
19 | (ii) A representation that all other investigative |
20 | leads have been pursued. |
21 | (iii) A commitment to further investigate the case |
22 | if personal identifying information from a modified DNA |
23 | search is provided. |
24 | (iv) Any other information the State Police deem |
25 | necessary. |
26 | (2) The State Police shall grant a modified DNA search |
27 | request if the State Police determine that: |
28 | (i) The crime scene DNA profile has sufficient size, |
29 | quality and integrity. |
30 | (ii) The crime scene DNA profile has previously been |
|
1 | subjected to a routine DNA search against the State DNA |
2 | Data Base. |
3 | (iii) The modified DNA search is necessary for law |
4 | enforcement identification purposes in an unsolved case. |
5 | (iv) The criminal justice agency has pursued all |
6 | other investigative leads. |
7 | (v) Any relevant consideration, including factors or |
8 | requirements considered by any other jurisdiction, |
9 | supports granting the request. |
10 | (3) The State Police procedures, promulgated under |
11 | section 2318, to conduct modified DNA searches shall be based |
12 | on scientifically valid and reliable methods to determine |
13 | that a crime scene DNA profile is sufficiently likely to have |
14 | originated from a close relative of an individual whose DNA |
15 | profile is recorded in the State DNA Data Base. The State |
16 | Police may require the following: |
17 | (i) An analysis of the rarity in the relevant |
18 | population of each shared DNA characteristic. |
19 | (ii) An analysis of the pattern of shared DNA |
20 | characteristics. |
21 | (iii) Y chromosome analysis. |
22 | (iv) Mitochondrial DNA analysis. |
23 | (v) Any other suitable method designed to determine |
24 | that a crime scene DNA profile originated from a close |
25 | relative of an individual in the State DNA Data Base. |
26 | Section 5 4. Sections 2319, 2321 and 2322 of Title 44 are | <-- |
27 | amended to read: |
28 | § 2319. DNA data base exchange. |
29 | (a) Receipt of DNA samples by State Police.--It shall be the |
30 | duty of the State Police to receive DNA samples, to store, to |
|
1 | perform analysis or to contract for DNA typing analysis with [a |
2 | qualified] an accredited forensic DNA laboratory that meets the |
3 | [guidelines] rules, regulations and guidelines under section |
4 | 2318 (relating to procedures for conduct, disposition and use of |
5 | DNA analysis) as established by the State Police, to classify |
6 | and to file the DNA record of identification characteristic |
7 | profiles of DNA samples submitted under the former DNA Act, |
8 | former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and |
9 | testing) or this chapter and to make such information available |
10 | as provided in this section. The State Police may contract [out] |
11 | for the storage of DNA typing analysis [and may contract out] or |
12 | DNA typing analysis to [a qualified] an accredited forensic DNA |
13 | laboratory that meets the rules, regulations and guidelines as |
14 | established by the State Police under section 2318. The results |
15 | of the DNA profile of individuals in the State DNA Data Base |
16 | shall be made available: |
17 | (1) to criminal justice agencies or [approved crime] |
18 | CODIS-participating DNA laboratories which serve these |
19 | agencies; or |
20 | (2) upon written or electronic request and in |
21 | furtherance of an official investigation of a criminal |
22 | offense or offender or suspected offender. |
23 | (b) Methods of obtaining information.--The State Police |
24 | shall [adopt] promulgate, as necessary, rules, regulations and |
25 | guidelines governing the methods of obtaining information from |
26 | the State DNA Data Base and CODIS and procedures for |
27 | verification of the identity and authority of the requester. |
28 | (c) Population data base.-- |
29 | (1) The State Police may establish a separate population |
30 | data base comprised of DNA [samples] records or profiles | <-- |
|
1 | obtained under this chapter after all personal identification |
2 | is removed. |
3 | (2) The State Police may share or disseminate the |
4 | population data base with other criminal justice agencies or |
5 | [crime] CODIS-participating DNA laboratories that serve to |
6 | assist the State Police with statistical data bases. |
7 | (3) The population data base may be made available to |
8 | and searched by other agencies participating in the CODIS |
9 | system. |
10 | (d) Separate category.--The State Police shall create a | <-- |
11 | separate category within the data base to store DNA samples and |
12 | records collected upon arrest under section 2316(c.1) (relating |
13 | to DNA sample required). |
14 | § 2321. Expungement. |
15 | [(a) General rule.--A person whose DNA sample, record or |
16 | profile has been included in the State DNA Data Bank or the |
17 | State DNA Data Base pursuant to the former DNA Act, former 42 |
18 | Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
19 | chapter may request expungement on the grounds that the |
20 | conviction or delinquency adjudication on which the authority |
21 | for including that person's DNA sample, record or profile was |
22 | based has been reversed and the case dismissed or that the DNA |
23 | sample, record or profile was included in the State DNA Data |
24 | Bank or the State DNA Data Base by mistake. |
25 | (b) Duty of State Police.--The State Police shall purge all |
26 | records and identifiable information in the State DNA Data Bank |
27 | or State DNA Data Base pertaining to the person and destroy each |
28 | sample, record and profile from the person upon: |
29 | (1) receipt of a written request for expungement |
30 | pursuant to this section and a certified copy of the final |
|
1 | court order reversing and dismissing the conviction; or |
2 | (2) clear and convincing proof that the sample record or |
3 | profile was included by mistake.] |
4 | (a) General rule.--A person whose DNA sample, record or |
5 | profile has been included in the State DNA Data Bank or the |
6 | State DNA Data Base under the former DNA Act, former provisions |
7 | of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
8 | chapter may have the DNA sample, record or profile expunged in |
9 | accordance with this section. |
10 | (b) Removal by request.--A person whose DNA sample, record | <-- |
11 | or profile has been included in the State DNA Data Bank or the |
12 | State DNA Date Base under the former DNA Act, former provisions |
13 | of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
14 | chapter may file a written request with the State Police on the |
15 | grounds that the DNA sample, record or profile be removed on the |
16 | grounds that the DNA sample, record or profile was included in |
17 | the State DNA Data Bank or the State DNA Data Base by mistake. |
18 | If the State Police grants the request, the request shall be |
19 | processed at no cost and the State Police shall provide written |
20 | notice of the removal to the person and his attorney of record, |
21 | if any, within 60 days after destroying the DNA sample, record |
22 | and profile. If the State Police erroneously denies the request, |
23 | the person may request expungement of the DNA sample, record or |
24 | profile under subsection (c). |
25 | (b) Removal by request.--A person whose DNA sample, record | <-- |
26 | or profile has been included in the State DNA Data Bank or the |
27 | State DNA Data Base under the former DNA Act, former provisions |
28 | of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this |
29 | chapter may make a written request to the State Police seeking |
30 | removal of the person's DNA sample, record or profile from the |
|
1 | State DNA Data Bank or the State DNA Data Base on the grounds |
2 | that the sample, record or profile was collected or included by |
3 | mistake. Within 60 days of receipt of a written request for |
4 | removal, the State Police shall review the request and determine |
5 | if the DNA sample, record or profile was included in the State |
6 | DNA Data Bank or the State DNA Data Base by mistake: |
7 | (1) If the State Police determine that the DNA sample, |
8 | record or profile was included by mistake, the request for |
9 | removal shall be granted and the DNA sample, record and |
10 | profile shall be destroyed within 30 days of the |
11 | determination at no cost to the person making the request. |
12 | The State Police shall provide written notice of the removal |
13 | to the person and his attorney of record, if any, upon |
14 | completion of the removal. |
15 | (2) If the State Police deny the request, written notice |
16 | of the denial and reasons therein shall be provided to the |
17 | person and his attorney of record, if any. |
18 | (3) If the State Police erroneously deny the request, |
19 | the person may request expungement of the DNA sample, record |
20 | or profile under subsection (b.1). |
21 | (b.1) Expungement by court order.--The following shall |
22 | apply: |
23 | (1) Except as provided under paragraph (2), a person may |
24 | request the court of common pleas of the county where the |
25 | original charges were filed to issue an order directing the |
26 | expungement of the DNA sample, record or profile pertaining |
27 | to the person in the State DNA Data Bank or the State DNA |
28 | Data Base in the following instances: |
29 | (i) the conviction or delinquency adjudication for |
30 | which the person's DNA sample was collected has been |
|
1 | reversed and no appeal is pending; |
2 | (ii) the charge for which the DNA sample was taken | <-- |
3 | has been dismissed, no appeal is pending and the |
4 | prosecuting authority is barred from seeking a retrial; |
5 | (iii) there has been a judgment of acquittal on the |
6 | charge for which the DNA sample was taken; |
7 | (iv) the person from whom the DNA sample was taken |
8 | was not charged with a crime for which a DNA sample is |
9 | authorized to be taken under this chapter; |
10 | (v) the prosecuting authority has expressly declined |
11 | to prosecute the charge for which the DNA sample was |
12 | taken; |
13 | (vi) the charge for which the DNA sample was taken |
14 | was not filed within the statute of limitations; |
15 | (vii) the person was granted an unconditional pardon |
16 | for the crime for which the DNA sample was taken; or |
17 | (viii) the DNA sample, record or profile was |
18 | (ii) there has been a judgment of acquittal on the | <-- |
19 | charge for which the DNA sample was taken; or |
20 | (iii) the DNA sample, record or profile was included |
21 | in the State DNA Data Bank or State DNA Data Base by |
22 | mistake and the State Police has erroneously refused to |
23 | grant the person's request for removal under subsection |
24 | (b). |
25 | (2) Paragraph (1) shall not apply if the person has been |
26 | arrested, charged, convicted or adjudicated delinquent for | <-- |
27 | any other crime for which a DNA sample is required to be |
28 | collected under this chapter. |
29 | (3) The court shall give ten days' prior notice to the |
30 | district attorney of the county where the original charges |
|
1 | were filed of any application for expungement under |
2 | subsection (c)(1) this subsection. | <-- |
3 | (4) Notwithstanding any other law or rule of court, the |
4 | court shall have no authority to order the expungement of any |
5 | DNA sample, record or profile in the State DNA Data Bank or |
6 | the State DNA Data Base except as provided under this |
7 | subsection. |
8 | (b.2) Expungement reporting.--A person whose DNA sample, |
9 | record or profile has been expunged under subsection (c) (b.1) | <-- |
10 | shall forward a certified copy of an the expungement order | <-- |
11 | issued under subsection (c) to the State Police. | <-- |
12 | (b.3) Duties of State Police.--The following shall apply: |
13 | (1) Upon receipt of an expungement order issued under |
14 | subsection (c) (b.1), the State Police shall destroy the DNA | <-- |
15 | sample, record and profile in the State DNA Data Bank and the |
16 | State DNA Data Base pertaining to a person identified in an |
17 | expungement order. |
18 | (2) The expungement shall be processed at no cost to the |
19 | person from whom the DNA sample was taken. |
20 | (3) The State Police shall provide written notice of the |
21 | expungement to the person and his attorney of record, if any, |
22 | within 60 days after destroying the DNA sample, record and |
23 | profile. |
24 | (c) Limitations.-- |
25 | (1) An incarcerated or previously incarcerated person |
26 | may not seek expungement of a DNA sample, record or profile |
27 | on the ground that that person was convicted or adjudicated |
28 | delinquent for a felony sex offense prior to July 27, 1995. |
29 | (2) A person may not seek expungement of a DNA sample, |
30 | record or profile on the ground that that person was convicted |
|
1 | or adjudicated delinquent for one of the other specified |
2 | offenses prior to the effective date of the former DNA Act or |
3 | this chapter. |
4 | (d) Effect of expungement.--The expungement of a DNA sample, |
5 | record or profile pursuant to this section shall have no effect |
6 | on any data bank or data base match or partial match occurring |
7 | prior to the expungement of the sample, record or profile. |
8 | § 2322. Mandatory cost. |
9 | Unless the court finds that undue hardship would result, a |
10 | mandatory cost of $250, which shall be in addition to any other |
11 | costs imposed pursuant to statutory authority, shall |
12 | automatically be assessed on any person convicted, adjudicated |
13 | delinquent or granted ARD for criminal homicide, a felony sex |
14 | offense or other specified offense, and all proceeds derived |
15 | from this section shall be transmitted to the fund. |
16 | Section 6 5. This act shall take effect in 270 days July 1, | <-- |
17 | 2013. |
|