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