<-1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, defining the offense of online impersonation;
4prescribing a penalty; and providing for damages in actions
5for online impersonation.

<-6Amending Titles Title 42 (Judiciary and Judicial Procedure) and 
744 (Law and Justice) of the Pennsylvania Consolidated
8Statutes, in sentencing, providing for sentencing for
9offenses involving online impersonation<-; and, in DNA data and 
10testing, further providing for policy, for definitions, for 
11powers and duties of State Police, for State DNA Data Base, 
12for State DNA Data Bank, for State Police recommendation of 
13additional offenses, for procedural compatibility with FBI 
14and for DNA sample required upon conviction, delinquency 
15adjudication and certain ARD cases; providing for collection 
16from persons accepted from other jurisdictions; further 
17providing for procedures for withdrawal, collection and 
18transmission of DNA samples, for procedures for conduct, 
19disposition and use of DNA analysis; providing for request 
20for modified DNA search; and further providing for DNA data 
21base exchange, for expungement and for mandatory cost.

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

1Section 1. Title <-18 42 of the Pennsylvania Consolidated
2Statutes is amended by adding a section to read:

<-3§ 4121. Online impersonation.

4(a) Offense defined.--A person commits the offense of online
5impersonation if the person:

6(1) uses the name, persona or identifying information of
7another person or of a fictitious person to do any of the
8following:

9(i) create a web page;

10(ii) post one or more messages on a commercial
11social networking site;

12(iii) send an electronic mail, instant message, text
13message or similar communication;

14(iv) open an e-mail account; or

15(v) open an account or profile on a commercial
16social networking site; and

17(2) <-the person engages in activity prohibited under any
18of the following:

19(i) Section 2706 (relating to terroristic threats);

20(ii) Section 2709 (relating to harassment);

21(iii) Section 2709.1 (relating to stalking);

22(iv) Section 4952 (relating to intimidation of
23witnesses or victims);

24(v) Section 4953 (relating to retaliation against
25witness, victim or party).

26(b) Grading.--A violation of subsection (a) shall be
27classified as a misdemeanor of the second degree or one degree
28higher in the classification specified in section 106 (relating
29to classes of offenses) than the classification of the
30underlying offense set forth in subsection (a)(2), whichever is

1greater. Each violation constitutes a separate offense.

2(c) Construction.--Nothing in this section shall be
3construed to apply to works of public interest, including
4commentary, satire and parody.

5(d) Territorial applicability.--A person may be convicted
6under the provisions of this section if the victim or the
7offender is located within this Commonwealth.

8(e) Concurrent jurisdiction to prosecute.--In addition to
9the authority conferred upon the Attorney General by the act of
10October 15, 1980 (P.L.950, No.164), known as the Commonwealth
11Attorneys Act, the Attorney General shall have the authority to
12investigate and to institute criminal proceedings for any
13violation of this section or any series of violations involving
14more than one county of this Commonwealth or another state. No
15person charged with a violation of this section by the Attorney
16General shall have standing to challenge the authority of the
17Attorney General to investigate or prosecute the case, and if a
18challenge is made, the challenge shall be dismissed, and no
19relief shall be made available in the courts of this
20Commonwealth to the person making the challenge.

<-21§ 9720.7. Sentencing for offenses involving online
22impersonation.

23(a) Sentence enhancement.--The Pennsylvania Commission on
24Sentencing, in accordance with section 2154 (relating to
25adoption of guidelines for sentencing), shall provide for a
26sentence enhancement within its guidelines for each of the
27following offenses, if the offense involved online
28impersonation:

29(1) 18 Pa.C.S. § 2706 (relating to terroristic threats).

30(2) 18 Pa.C.S. § 2709 (relating to harassment).

1(3) 18 Pa.C.S. § 2709.1 (relating to stalking).

2(4) 18 Pa.C.S. § 4952 (relating to intimidation of
3witnesses or victims).

4(5) 18 Pa.C.S. § 4953 (relating to retaliation against
5witness, victim or party).

<-6(f) (b) Definitions.--As used in this section, the following 
7words and phrases shall have the meanings given to them in this 
8subsection unless the context clearly indicates otherwise:

9"Commercial social networking site." A business,
10organization or other similar entity that operates an Internet
11website and permits persons to become registered users for the
12purpose of establishing personal relationships with other users
13through direct or real-time communication with other users or
14the creation of web pages or profiles available to the public or
15to other users. The term does not include an electronic mail
16program or a message board program.

17"Document." Any writing, including, but not limited to, a
18birth certificate, Social Security card, driver's license,
19nondriver government-issued identification card, baptismal
20certificate, access device card, employee identification card,
21school identification card or other identifying information
22recorded by any other method, including, but not limited to,
23information stored on a computer, computer disc, computer
24printout, computer system, or part thereof, or by any other
25mechanical or electronic means.

26"Identifying information." Any document, photographic,
27pictorial or computer image of another person or any fact used
28to establish identity, including, but not limited to, a name, <-e-
29mail <-electronic mail address, birth date, Social Security
30number, driver's license number, nondriver governmental

1identification number, telephone number, checking account
2number, savings account number, student identification number,
3employee or payroll number or electronic signature. The term
4includes a document, photographic, pictorial or computer image
5of a fictitious person or any fact used to establish identity as
6provided in this definition in the case of a fictitious person.

<-7Section 2. Title 42 is amended by adding a section to read:

8§ 8316.1. Damages in actions for online impersonation.

9(a) Cause of action established.--A person may bring a civil
10cause of action based upon online impersonation as defined in 18
11Pa.C.S. § 4121 (relating to online impersonation) in order to
12recover damages for any loss or injury sustained as a result of
13the violation.

14(b) Parties authorized to bring action.--An action may be
15brought by:

16(1) A natural person.

17(2) A parent or guardian of a natural person, if the
18natural person is incompetent or is an individual under 18
19years of age.

20(3) A corporation, partnership, limited liability
21company, business trust, other association, estate, trust or
22foundation.

23(c) Damages.--A court of competent jurisdiction may award
24damages as follows:

25(1) Actual damages arising from the incident or $500,
26whichever is greater. Damages include loss of money,
27reputation or property, whether real or personal. The court
28may, in its discretion, award up to three times the actual
29damages sustained, but not less than $500.

30(2) Reasonable attorney fees and court costs.

1(3) Additional relief the court deems necessary and
2proper.

3(d) Other remedies preserved.--Nothing in this section shall
4be construed to limit the ability of a person to receive
5restitution pursuant to 18 Pa.C.S. § 1106 (relating to
6restitution for injuries to person or property).

7(e) Nonapplicability.--The provisions of this section shall
8not be applicable to:

9(1) A law enforcement officer acting in the course and
10legitimate scope of the law enforcement officer's duties.

11(2) A person who acts within the course and legitimate
12scope of the person's employment in order to obtain evidence
13of unlawful activity.

14Section 3. This act shall take effect in 60 days.

<-15"Online impersonation." The use of the name, persona or
16identifying information of another person or of a fictitious
17person to do any of the following:

18(1) Create an Internet website.

19(2) Post one or more messages on a commercial social
20networking site.

21(3) Send an electronic mail, instant message, text
22message or similar communication.

23(4) Open an electronic mail account.

24(5) Open an account or profile on a commercial
25networking site.

26The term does not include a work of public interest, including
27commentary, satire and parody.

<-28Section 1.1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,
292315 and 2316 of Title 44 are amended to read:

30§ 2302. Policy.

1The General Assembly finds and declares that:

2(1) DNA data banks are an important tool in criminal
3investigations, in [the exclusion of] excluding innocent
4individuals who are the subject of criminal investigations or
5prosecutions and in [deterring and detecting recidivist acts]
6detecting and deterring repeated crimes by the same
7individual.

8(2) Several states have enacted laws requiring persons
9arrested, charged or convicted of certain crimes, especially
10sex offenses, to provide genetic samples for DNA profiling.

11(2.1) Several states have authorized the disclosure of
12DNA profiles in their state's DNA data base where comparison
13of DNA linked to a crime with the known offender DNA profile
14in the data base establishes the likelihood of a close
15familial relationship between the two.

16(3) Moreover, it is the policy of the Commonwealth to
17assist Federal, State and local criminal justice and law
18enforcement agencies in the identification and detection of
19individuals in criminal investigations.

20(4) It is therefore in the best interest of the
21Commonwealth to establish a DNA data base and a DNA data bank
22containing DNA samples submitted by individuals arrested for,
23charged with, convicted of, adjudicated delinquent for or
24accepted into ARD for criminal homicides, felony sex offenses
25and other specified offenses.

26(5) It is in the best interest of the Commonwealth to
27authorize the State Police to use DNA analysis and to
28identify these individuals to a criminal justice agency in
29certain cases.

30§ 2303. Definitions.

1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Accredited forensic DNA laboratory." A forensic DNA
5laboratory that has received accreditation by an accrediting
6body nationally recognized within the forensic science community
7in accordance with the FBI Quality Assurance Standards to
8perform forensic DNA testing and is in compliance with FBI
9Quality Assurance Standards.

10"ARD." Accelerated Rehabilitative Disposition.

11"Arrest." The taking or keeping of a person in custody by
12legal authority or proceedings commenced by a police complaint
13that is proceeded against by summons or by a petition filed
14pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of
15proceedings).

16"CODIS." The [term is derived from] Combined DNA Index
17System[, the Federal Bureau of Investigation's national DNA
18identification index system that allows the storage and exchange
19of DNA records submitted by state and local forensic DNA
20laboratories] established and maintained by the Federal Bureau
21of Investigation.

22"Commissioner." The Commissioner of the Pennsylvania State
23Police.

24"Crime scene DNA profile." A DNA profile derived from a DNA
25sample recovered from a victim, crime scene or item linked to a
26crime, which may have originated from a perpetrator.

27"Criminal homicide." Any of the following:

28(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).

29(2) 18 Pa.C.S. § 2502 (relating to murder).

30(3) 18 Pa.C.S. § 2503 (relating to voluntary

1manslaughter).

2(4) 18 Pa.C.S. § 2504 (relating to involuntary
3manslaughter), when the offense is graded as a felony.

4(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
5suicide), when the offense is graded as a felony.

6(6) 18 Pa.C.S. § 2506 (relating to drug delivery
7resulting in death).

8(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
9law enforcement officer).

10(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
11unborn child).

12(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
13child).

14(10) 18 Pa.C.S. § 2605 (relating to voluntary
15manslaughter of unborn child).

16"Criminal justice agency." A criminal justice agency as
17defined in 18 Pa.C.S. § 9102 (relating to definitions).

18"DNA." Deoxyribonucleic acid[. DNA is located in the cells
19and provides an individual's personal genetic blueprint. DNA]
20located in the chromosomes or mitochondria of a living
21organism's cells which encodes genetic information that is the
22basis of human heredity and forensic identification.

23"DNA record." DNA profile and identification information
24stored in the State DNA Data Base or the Combined DNA Index
25System for the purpose of generating investigative leads or
26supporting statistical interpretation of DNA test results. The
27term includes nuclear and mitochondrial typing. The DNA record
28is the result obtained from the DNA typing tests. [The DNA
29record is comprised of the characteristics of a DNA sample which
30are of value in establishing the identity of individuals. The

1results of all DNA identification tests on an individual's DNA
2sample are also collectively referred to as the DNA profile of
3an individual.]

4"DNA sample." [A blood or tissue sample provided by any
5person with respect to offenses covered by this chapter or
6submitted to the Pennsylvania State Police laboratory pursuant
7to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009,
8No.14), known as the DNA Detection of Sexual and Violent
9Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
10data and testing) or to this chapter for analysis or storage, or
11both.] A sample of biological material suitable for DNA
12analysis.

13"FBI." The Federal Bureau of Investigation.

14"Felony sex offense." A felony offense or an attempt,
15conspiracy or solicitation to commit a felony offense under any
16of the following:

1718 Pa.C.S. Ch. 31 (relating to sexual offenses).

1818 Pa.C.S. § 3130 (relating to conduct relating to sex
19offenders).

2018 Pa.C.S. § 4302 (relating to incest).

2118 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
22(relating to prostitution and related offenses).

2318 Pa.C.S. § 5903(a) (relating to obscene and other
24sexual materials and performances) where the offense
25constitutes a felony.

26[18 Pa.C.S. § 6312 (relating to sexual abuse of
27children).

2818 Pa.C.S. § 6318 (relating to unlawful contact with
29minor) where the most serious underlying offense for which
30the defendant contacted the minor is graded as a felony.

118 Pa.C.S. § 6320 (relating to sexual exploitation of
2children).]

3Any offense graded as a felony requiring registration
4under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
5sexual offenders).

6"Forensic DNA laboratory." A laboratory that performs
7forensic DNA testing for the purposes of identification.

8"Forensic DNA testing." A test that applies techniques from
9molecular biology to analyze deoxyribonucleic acid (DNA) to
10identify characteristics unique to a particular individual.

11"Former DNA Act." The former act of May 28, 1995 (1st 
12Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
13and Violent Offenders Act.

14"Fund." The DNA Detection Fund reestablished in section 2335
15(relating to DNA Detection Fund).

16"Human behavioral genetic research." The study of the
17possible genetic underpinnings of behaviors, including, but not
18limited to, aggression, substance abuse, social attitudes,
19mental abilities, sexual activity and eating habits.

20"Law enforcement identification purposes." Assisting in the
21determination of the identity of an individual whose DNA is
22contained in a biological sample.

23"Mitochondrial DNA analysis." A method that applies
24techniques from molecular biology to analyze DNA found in the
25mitochondria of cells.

26"Modified DNA search." A search of the State DNA Data Base,
27using scientifically valid and reliable methods in accordance
28with rules, regulations and guidelines promulgated under section
292318 (relating to procedures for conduct, disposition and use of
30DNA analysis), to determine that a crime scene DNA profile is

1sufficiently likely to have originated from a close relative of
2an individual whose DNA profile is recorded in the State DNA
3Data Base.

4"Other specified offense." Any of the following:

5(1) A felony offense, other than criminal homicide or a
6felony sex offense.

7(2) [An offense under 18 Pa.C.S. § 2910 (relating to
8luring a child into a motor vehicle or structure) or 3126
9(relating to indecent assault) or an attempt to commit such
10an offense] (Reserved).

11(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
12(relating to registration of sexual offenders)] (Reserved).

13(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
14assault).

15(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

16(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
17trespass).

18(7) 18 Pa.C.S. § 4303 (relating to concealing death of
19child).

20(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
21children).

22(9) A misdemeanor offense requiring registration under
2342 Pa.C.S. Ch. 97 Subch. H (relating to registration of
24sexual offenders).

25"State Police." The Pennsylvania State Police.

26"Y chromosome analysis." A method that applies techniques
27from molecular biology to examine DNA found on the Y chromosome.

28§ 2311. Powers and duties of State Police.

29In addition to any other powers and duties conferred by this
30chapter, the State Police shall:

1* * *

2(2) Promulgate [rules and regulations], as necessary,
3rules, regulations and guidelines to carry out the provisions
4of this chapter.

5* * *

6§ 2312. State DNA Data Base.

7[The State DNA Data Base is reestablished. It shall be
8administered by the State Police and provide DNA records to the
9FBI for storage and maintenance by CODIS.] A Statewide DNA Data
10Base is established within the State Police to store DNA records
11from DNA samples submitted for analysis and storage to the State
12Police laboratory under the former DNA Act, the former
13provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
14testing) or to this chapter, and to provide DNA records to
15CODIS. The State DNA Data Base shall have the capability
16provided by computer software and procedures administered by the
17State Police to store and maintain DNA records related to:

18(1) forensic casework;

19(2) [convicted] arrestees and convicted or delinquency
20adjudicated offenders required to provide a DNA sample under
21this chapter; and

22(3) anonymous DNA records used for statistical research
23[or] on the frequency of DNA genotypes, quality control or
24the development of new DNA identification methods.

25§ 2313. State DNA Data Bank.

26The State DNA Data Bank is reestablished. It shall serve as
27the repository of DNA samples collected under this chapter or
28under prior law.

29§ 2314. State Police recommendation of additional offenses and
30annual report.

1(a) Recommendation.--The State Police may recommend to the
2General Assembly that it enact legislation for the inclusion of
3additional offenses for which DNA samples shall be taken and
4otherwise subjected to the provisions of this chapter. In
5determining whether to recommend additional offenses, the State
6Police shall consider those offenses for which DNA testing will
7have a substantial impact on the detection and identification of
8sex offenders and [violent] other offenders.

9(b) Annual report.--No later than August 1 of each year, the
10commissioner shall submit to the Governor's Office, the majority
11and minority chairmen of the Senate Judiciary Committee and the
12majority and minority chairmen of the House Judiciary Committee,
13a written report containing information regarding the collection
14and testing of DNA samples under the provisions of this chapter.
15The report must include, but need not be limited to, the
16following information pertaining to the previous fiscal year:

17(1) The number of DNA samples submitted from individuals 
18upon arrest.

19(2) The age, race and sex of arrestees from whom DNA
20samples were submitted upon arrest and the age, race and sex 
21of those convicted from whom DNA samples were submitted upon
22conviction.

23(3) The fiscal impact on the State Police of collecting
24DNA samples from persons convicted of offenses.

25(4) The fiscal impact on the State Police of collecting
26DNA samples from arrestees.

27(5) The number of DNA samples collected at arrest that
28were expunged from the Statewide DNA Data Base.

29(6) The average length of time between the receipt of
30DNA samples from arrestees and from those convicted of

1offenses and the completion of forensic DNA testing of each
2of those categories of DNA samples.

3(7) Recommendations, if any, under this section for the
4inclusion of additional offenses for which DNA samples must
5be collected or recommendations for the removal of specific
6offenses from the categories requiring the collection of DNA
7samples from arrestees or persons convicted of crimes.

8§ 2315. Procedural compatibility with FBI.

9The DNA identification system [as] established by the State
10Police shall be compatible with the procedures [specified]
11established by the FBI Quality Assurance Standards for forensic
12DNA testing laboratories and DNA data basing laboratories and
13CODIS policies and procedures, including use of comparable test
14procedures, laboratory equipment, supplies and computer
15software.

16§ 2316. DNA sample required [upon conviction, delinquency
17adjudication and certain ARD cases].

18(a) [General rule] Conviction or adjudication.--A person who
19is convicted or adjudicated delinquent for criminal homicide, a
20felony sex offense or other specified offense or who is or
21remains incarcerated for criminal homicide, a felony sex offense
22or other specified offense on or after the effective date of
23this chapter shall have a DNA sample [drawn] collected as
24follows:

25(1) A person who is sentenced or receives a delinquency
26disposition to a term of confinement for an offense covered
27by this subsection shall have a DNA sample [drawn] collected
28upon intake to a prison, jail or juvenile detention facility
29or any other detention facility or institution. If the person
30is already confined at the time of sentencing or

1adjudication, the person shall have a DNA sample [drawn]
2collected immediately after the sentencing or adjudication.
3If a DNA sample is not timely [drawn] collected in accordance
4with this section, the DNA sample may be [drawn] collected
5any time thereafter by the prison, jail, juvenile detention
6facility, detention facility or institution.

7(2) A person who is convicted or adjudicated delinquent
8for an offense covered by this subsection shall have a DNA
9sample [drawn] collected as a condition for any sentence or
10adjudication which disposition will not involve an intake
11into a prison, jail, juvenile detention facility or any other
12detention facility or institution.

13(3) Under no circumstances shall a person who is
14convicted or adjudicated delinquent for an offense covered by
15this subsection be released in any manner after such
16disposition unless and until a DNA sample [has been
17[withdrawn] and fingerprints have been collected.

18(b) Condition of release, probation or parole.--

19(1) A person who has been convicted or adjudicated
20delinquent for criminal homicide, a felony sex offense or
21other specified offense and who serves a term of confinement
22in connection therewith after June 18, 2002, shall not be
23released in any manner unless and until a DNA sample has been
24[withdrawn] collected.

25(2) This chapter shall apply to incarcerated persons
26convicted or adjudicated delinquent for criminal homicide, a
27felony sex offense or other specified offense prior to June
2819, 2002.

29(3) This chapter shall apply to incarcerated persons and
30persons on probation or parole who were convicted or

1adjudicated delinquent for criminal homicide, a felony sex
2offense or other specified offenses prior to the effective
3date of this paragraph.

4(c) Certain ARD cases.--Acceptance into ARD as a result of a
5criminal charge for criminal homicide, a felony sex offense or
6other specified offense filed after June 18, 2002, [may] shall
7be conditioned upon the [giving] collection of a DNA sample.

8(c.1) Arrest.--A person who is arrested in this Commonwealth
9for criminal homicide, felony sex offenses or other specified 
10offenses shall have a DNA sample collected as follows:

11(1) A person who is arrested for an offense covered
12under this subsection shall have a DNA sample collected at
13the time fingerprints are collected pursuant to 18 Pa.C.S. §
149112 (relating to mandatory fingerprinting). DNA collected
15shall be submitted to the Pennsylvania State Police within 48
16hours in the manner prescribed by rules, regulations or
17guidelines promulgated under section 2318 (relating to
18procedures for conduct, disposition and use of DNA analysis).

19(2) A person who is arrested for an offense covered
20under this subsection may not be released until a DNA sample
21and fingerprints have been collected.

22(3) If a DNA sample is not timely collected in
23accordance with this subsection, the DNA sample may be
24collected any time thereafter by a law enforcement official,
25prison, jail, juvenile detention facility, detention facility
26or institution.

27(4) This subsection shall apply as follows:

28(i) Beginning one year after the effective date of
29this subsection, any person arrested for criminal
30homicide shall have a DNA sample collected under this

1subsection upon arrest.

2(ii) Beginning two years after the effective date of
3this subsection, any person arrested for a felony sex
4offense shall have a DNA sample collected under this
5subsection upon arrest.

6(iii) Beginning three years after the effective date
7of this subsection, any person arrested for any other
8specified offense shall have a DNA sample collected under
9this subsection upon arrest.

10(d) Supervision of DNA samples.--All DNA samples taken
11pursuant to this section shall be taken in accordance with
12rules, regulations and guidelines promulgated by the State
13Police in consultation with the Department of Corrections.

14(d.1) Mandatory submission.--The requirements of this
15chapter are mandatory and apply regardless of whether a court
16advises a person that a DNA sample must be provided to the State
17DNA Data Base and the State DNA Data Bank as a result of [a] an
18arrest, conviction or adjudication of delinquency. A person who
19has been sentenced to death or life imprisonment without the
20possibility of parole or to any term of incarceration is not
21exempt from the requirements of this chapter. Any person subject
22to this chapter who has not provided a DNA sample for any
23reason, including because of an oversight or error, shall
24provide a DNA sample for inclusion in the State DNA Data Base
25and the State DNA Data Bank after being notified by authorized
26law enforcement or corrections personnel. If a person provides a
27DNA sample which is not adequate for any reason, the person
28shall provide another DNA sample for inclusion in the State DNA
29Data Base and the State DNA Data Bank after being notified by
30authorized law enforcement or corrections personnel. The

1collection of a DNA sample under this chapter shall not be
2required if the authorized law enforcement or corrections
3official confirms that a DNA sample from the person has already
4been validly collected and provided to the State DNA Data Bank
5and a DNA record for the person exists in the State DNA Data
6Base.

7(e) Definition.--As used in this section, the term
8"released" means any release, parole, furlough, work release,
9prerelease or release in any other manner from a prison, jail,
10juvenile detention facility or any other place of confinement.

11Section 2. Title 44 is amended by adding a section to read:

12§ 2316.1. Collection from persons accepted from other
13jurisdictions.

14(a) Conditional acceptance.--When a person is accepted into
15this Commonwealth for supervision from another jurisdiction
16under the Interstate Compact for Supervision of Adult Offenders,
17other reciprocal agreement with a Federal, state or county
18agency, or a provision of law, whether or not the person is
19confined or released, the acceptance shall be conditioned on the
20offender's providing DNA samples under this chapter if the
21offender has a past or present Federal, state or military court
22conviction or adjudication that is equivalent to criminal
23homicide, a felony sex offense or other specified offense as
24determined by the Pennsylvania Board of Probation and Parole.
25Additional DNA samples shall not be required if a DNA sample is
26currently on file with the State DNA Data Bank and a DNA record 
27is currently on file in the State DNA Data Base.

28(b) Time period.--

29(1) If the person accepted under subsection (a) is not
30confined, the DNA sample and fingerprints required under this

1chapter shall be provided within five calendar days after the
2person reports to the supervising agent or within five
3calendar days of notice to the person, whichever occurs
4first. The person shall appear and the DNA samples shall be
5collected in accordance with the provisions of this chapter.

6(2) If the person accepted under subsection (a) is
7confined, the person shall provide the DNA sample and
8fingerprints required by this chapter within five calendar
9days after the person is received at a place of incarceration
10or confinement.

11Section 3. Sections 2317 heading and (a)(1) and (b) and
122318(a) and (c) of Title 44 are amended to read:

13§ 2317. Procedures for [withdrawal,] collection and
14transmission of DNA samples.

15(a) [Drawing] Collection of DNA samples.--

16(1) Each DNA sample required to be [drawn] collected
17pursuant to [section] sections 2316 (relating to DNA sample
18required [upon conviction, delinquency adjudication and
19certain ARD cases]) and 2316.1 (relating to collection from
20persons accepted from other jurisdictions) [from] shall be
21collected as follows:

22(i) From persons who are incarcerated or confined,
23the DNA sample shall be [drawn] collected at the place of
24incarceration or confinement as provided for in section
252316 or 2316.1.

26(ii) DNA samples from persons who are not [ordered
27or sentenced to a term of confinement] incarcerated or
28confined shall be [drawn] collected as prescribed in
29sections 2316 and 2316.1 or at a prison, jail unit,
30juvenile facility or other facility [to be] specified by

1the court or supervising agent. [Only] For DNA blood
2samples, only those individuals qualified to draw DNA
3blood samples in a medically approved manner shall draw a
4DNA blood sample to be submitted for DNA analysis. [Such
5sample] DNA samples and the set of fingerprints provided
6for in paragraph (2) shall be delivered to the State
7Police within 48 hours of [drawing] collecting the
8sample.

9* * *

10(b) Limitation on liability.--Persons authorized to [draw]
11collect DNA samples under this section shall not be criminally
12liable for withdrawing a DNA sample and transmitting test
13results pursuant to this chapter if they perform these
14activities in good faith and shall not be civilly liable for
15such activities when the person acted in a reasonable manner
16according to generally accepted medical and other professional
17practices.

18* * *

19§ 2318. Procedures for conduct, disposition and use of DNA
20analysis.

21(a) Procedures.--

22(1) The State Police shall [prescribe] promulgate, as
23necessary, rules, regulations and guidelines to implement
24this chapter, including procedures to be used in the
25collection, submission, identification, analysis, storage and
26disposition of DNA samples and typing results of DNA samples
27submitted under the former DNA Act, former provisions of 42
28Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
29chapter.

30(2) The DNA sample typing results shall be securely

1stored in the State DNA Data Base, and records of testing
2shall be retained on file with the State Police consistent
3with the procedures established by the FBI Quality Assurance
4Standards for forensic DNA testing laboratories and DNA data
5basing laboratories and CODIS policies and procedures. No
6sample typing results from a sample collected pursuant to
7section 2316(c.1) (relating to DNA sample required) shall be
8stored in the State DNA Data Base or submitted to the
9National DNA Index System until the defendant has been held
10for court for a qualifying offense after grand jury
11indictment or waiver or preliminary hearing or waiver.

12(3) These procedures shall also include quality
13assurance guidelines to ensure that DNA identification
14records meet standards for accredited forensic DNA
15laboratories which submit DNA records to the State DNA Data
16Base.

17(4) The rules, regulations and guidelines shall address
18the following:

19(i) Verification of accreditation.

20(ii) Compliance with FBI Quality Assurance
21Standards, including continuing education requirements
22for the personnel of forensics DNA testing laboratories.

23* * *

24(c) Use of tests.--

25(1) Except as otherwise provided in section 2319(c)
26(relating to DNA data base exchange), the tests to be
27performed on each DNA sample shall be used only for law
28enforcement identification purposes or to assist in the
29recovery or identification of human remains from disasters or
30for other humanitarian identification purposes, including

1identification of missing persons.

2(2) No DNA sample or DNA record acquired under this
3chapter may be used for human behavioral genetic research or
4for nonlaw enforcement or nonhumanitarian identification
5purposes.

6* * *

7Section 4. Title 44 is amended by adding a section to read:

8§ 2318.1. Request for modified DNA search.

9(a) General rule.--

10(1) A criminal justice agency may request in writing
11that the State Police perform a modified DNA search in an
12unsolved case and shall provide information as required by
13the State Police.

14(2) The State Police may grant a request to conduct a
15modified DNA search if the State Police determine that the
16request complies with subsection (d)(2).

17(b) Modified DNA search.--

18(1) The State Police may conduct a modified DNA search
19if it grants a request under subsection (a)(2).

20(2) The State Police may conduct a modified DNA search
21in unsolved cases without the request of a criminal justice
22agency if the State Police determine that they would have
23granted a request had a request been made by a criminal
24justice agency.

25(3) In all cases, the State Police shall use procedures
26for conducting a modified DNA search that are consistent with
27the rules, regulations and guidelines promulgated under
28section 2318 (relating to procedures for conduct, disposition
29and use of DNA analysis).

30(c) Release of information from a modified DNA search.--The

1State Police shall provide the requesting criminal justice
2agency with personally identifying information on individuals
3whose DNA records were identified through a modified DNA search.

4(d) Requirements.--

5(1) The State Police shall require a criminal justice
6agency to provide assurances and information in support of
7its request for a modified DNA search, including:

8(i) A representation that a modified DNA search is
9necessary for law enforcement identification purposes in
10an unsolved case.

11(ii) A representation that all other investigative
12leads have been pursued.

13(iii) A commitment to further investigate the case
14if personal identifying information from a modified DNA
15search is provided.

16(iv) Any other information the State Police deem
17necessary.

18(2) The State Police may grant a modified DNA search
19request if the State Police determine that:

20(i) The crime scene DNA profile has sufficient size,
21quality and integrity.

22(ii) The crime scene DNA profile has previously been
23subjected to a routine DNA search against the State DNA
24Data Base and the National DNA Index System.

25(iii) The modified DNA search is necessary for law
26enforcement identification purposes in an unsolved case.

27(iv) The criminal justice agency has pursued all
28other investigative leads.

29(v) Any relevant consideration, including factors or
30requirements considered by any other jurisdiction,

1supports granting the request.

2(3) The State Police procedures, promulgated under
3section 2318, to conduct modified DNA searches shall be based
4on scientifically valid and reliable methods to determine
5that a crime scene DNA profile is sufficiently likely to have
6originated from a close relative of an individual whose DNA
7profile is recorded in the State DNA Data Base or the 
8National DNA Index System. The State Police may require the
9following:

10(i) An analysis of the rarity in the relevant
11population of each shared DNA characteristic.

12(ii) An analysis of the pattern of shared DNA
13characteristics.

14(iii) Y chromosome analysis.

15(iv) Mitochondrial DNA analysis.

16(v) Any other suitable method designed to determine
17that a crime scene DNA profile originated from a close
18relative of an individual in the State DNA Data Base or 
19the National DNA Index System.

20Section 5. Sections 2319, 2321 and 2322 of Title 44 are
21amended to read:

22§ 2319. DNA data base exchange.

23(a) Receipt of DNA samples by State Police.--It shall be the
24duty of the State Police to receive DNA samples, to store, to
25perform analysis or to contract for DNA typing analysis with [a
26qualified] an accredited forensic DNA laboratory that meets the
27[guidelines] rules, regulations and guidelines under section
282318 (relating to procedures for conduct, disposition and use of
29DNA analysis) as established by the State Police, to classify
30and to file the DNA record of identification characteristic

1profiles of DNA samples submitted under the former DNA Act,
2former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
3testing) or this chapter and to make such information available
4as provided in this section. The State Police may contract [out]
5for the storage of DNA typing analysis [and may contract out] or
6DNA typing analysis to [a qualified] an accredited forensic DNA
7laboratory that meets the rules, regulations and guidelines as
8established by the State Police under section 2318. The results
9of the DNA profile of individuals in the State DNA Data Base
10shall be made available:

11(1) to criminal justice agencies or [approved crime]
12CODIS-participating DNA laboratories which serve these
13agencies; or

14(2) upon written or electronic request and in
15furtherance of an official investigation of a criminal
16offense or offender or suspected offender.

17(b) Methods of obtaining information.--The State Police
18shall [adopt] promulgate, as necessary, rules, regulations and
19guidelines governing the methods of obtaining information from
20the State DNA Data Base and CODIS and procedures for
21verification of the identity and authority of the requester.

22(c) Population data base.--

23(1) The State Police may establish a separate population
24data base comprised of DNA samples obtained under this
25chapter after all personal identification is removed.

26(2) The State Police may share or disseminate the
27population data base with other criminal justice agencies or
28[crime] CODIS-participating DNA laboratories that serve to
29assist the State Police with statistical data bases.

30(3) The population data base may be made available to

1and searched by other agencies participating in the CODIS
2system.

3(d) Separate category.--The State Police shall create a
4separate category within the data base to store DNA samples and
5records collected upon arrest under section 2316(c.1) (relating
6to DNA sample required).

7§ 2321. Expungement.

8[(a) General rule.--A person whose DNA sample, record or
9profile has been included in the State DNA Data Bank or the
10State DNA Data Base pursuant to the former DNA Act, former 42
11Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
12chapter may request expungement on the grounds that the
13conviction or delinquency adjudication on which the authority
14for including that person's DNA sample, record or profile was
15based has been reversed and the case dismissed or that the DNA
16sample, record or profile was included in the State DNA Data
17Bank or the State DNA Data Base by mistake.

18(b) Duty of State Police.--The State Police shall purge all
19records and identifiable information in the State DNA Data Bank
20or State DNA Data Base pertaining to the person and destroy each
21sample, record and profile from the person upon:

22(1) receipt of a written request for expungement
23pursuant to this section and a certified copy of the final
24court order reversing and dismissing the conviction; or

25(2) clear and convincing proof that the sample record or
26profile was included by mistake.]

27(a) General rule.--A person whose DNA sample, record or
28profile has been included in the State DNA Data Bank or the
29State DNA Data Base under the former DNA Act, former provisions
30of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this

1chapter may have the DNA sample, record or profile expunged in
2accordance with this section.

3(b) Removal by request.--A person whose DNA sample, record
4or profile has been included in the State DNA Data Bank or the
5State DNA Date Base under the former DNA Act, former provisions
6of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
7with the State Police on the grounds that the DNA sample, record
8or profile be removed on the grounds that the DNA sample, record
9or profile was included in the State DNA Data Bank or the State
10DNA Data Base by mistake. If the State Police grants the
11request, the request shall be processed at no cost and the State
12Police shall provide written notice of the removal to the person
13and his attorney of record, if any, within 60 days after
14destroying the DNA sample, record and profile. If the State
15Police erroneously denies the request, the person may file a
16request for expungement of the DNA sample, record or profile
17with the court of common pleas of the county where the original
18charges were filed or the arrest for which the DNA sample,
19record or profile originated was made. Upon receipt of a request
20for expungement, the court shall serve notice upon the district
21attorney who shall file and serve objections, if any, within 30
22days of service of notice. At a hearing on the request, the
23district attorney shall have the burden of showing by a
24preponderance of the evidence that the sample, record or profile
25should not be removed.

26(b.1) Expungement by court order.--The following shall
27apply:

28(1) Except as provided under paragraphs (2) and (3), the 
29court of common pleas of the county where the original 
30charges were filed or the arrest for which the DNA sample,
 

1record or profile originated was made may issue an order
2directing the expungement of the DNA sample, record or
3profile pertaining to the person in the State DNA Data Bank
4or the State DNA Data Base in the following instances:

5(i) the conviction or delinquency adjudication for
6which the person's DNA sample was collected has been
7reversed and no appeal is pending;

8(ii) the charge for which the DNA sample was taken
9has been dismissed, no appeal is pending and the
10prosecuting authority is barred from further prosecution;

11(iii) there has been a judgment of acquittal on the
12charge for which the DNA sample was taken and no further 
13appeal is pending;

14(iv) the person from whom the DNA sample was taken
15was not charged with a crime for which a DNA sample is
16authorized to be taken under this chapter;

17(v) the prosecuting authority has expressly declined
18to prosecute the charge for which the DNA sample was
19taken;

20(vi) the charge for which the DNA sample was taken
21was not filed within the statute of limitations;

22(vii) the person was granted an unconditional pardon
23for the crime for which the DNA sample was taken; or

24(2) Paragraph (1) and subsection (b) shall not apply if
25the person has been arrested, charged, convicted or
26adjudicated delinquent for any other crime for which a DNA
27sample is required to be collected under this chapter.

28(3) The court may not order expungement prior to 30 days 
29after serving notice to the district attorney. Within the 30-
30day period the district attorney may file objections to the
 

1expungement. If the district attorney files objections, a 
2hearing shall be held at which the burden shall be on the 
3district attorney to show, by a preponderance of the 
4evidence, that none of the circumstances in paragraph (1) are 
5present or, except for a motion filed under subparagraph (1)
6(iii), why the interests of justice will not be served and 
7expungement should not be ordered.

8(4) Notwithstanding any other law or rule of court, the
9court shall have no authority to order the expungement of any
10DNA sample, record or profile in the State DNA Data Bank or
11the State DNA Data Base except as provided under this
12subsection.

13(b.2) Expungement reporting.--The court shall forward a
14certified copy of an expungement order issued under subsection 
15(b) or (b.1) to the State Police.

16(b.3) Duties of State Police.--The following shall apply:

17(1) Upon receipt of an expungement order issued under
18subsection (b) or (b.1), the State Police shall destroy the
19DNA sample, record and profile in the State DNA Data Bank and
20the State DNA Data Base pertaining to a person identified in
21an expungement order.

22(2) The expungement shall be processed at no cost to the
23person from whom the DNA sample was taken.

24(3) The State Police shall provide written notice of the
25expungement to the person and his attorney of record, if any,
26within 60 days after destroying the DNA sample, record and
27profile.

28(4) The State Police shall publish information regarding
29the eligibility requirements for expungement under this
30section and the steps necessary to obtain an expungement

1under this section on the State Police's publicly available
2Internet website. The information shall include a simplified
3form petition and proposed order, approved by the
4Administrative Office of Pennsylvania Courts, which can be
5used by the person to request an expungement from the court
6authorized under subsection (b) or (b.1). The State Police
7shall publish the information in at least two commonly
8accessible formats, such as HyperText Markup Language and
9Portable Document Format.

10(c) Limitations.--

11(1) An incarcerated or previously incarcerated person
12may not seek expungement of a DNA sample, record or profile
13on the ground that that person was convicted or adjudicated
14delinquent for a felony sex offense prior to July 27, 1995.

15(2) A person may not seek expungement of a DNA sample,
16record or profile on the ground that that person was
17convicted or adjudicated delinquent for one of the other
18specified offenses prior to the effective date of the former
19DNA Act or this chapter.

20(d) Effect of expungement.--The expungement of a DNA sample,
21record or profile pursuant to this section shall have no effect
22on any data bank or data base match or partial match occurring
23prior to the expungement of the sample, record or profile.

24§ 2322. Mandatory cost.

25Unless the court finds that undue hardship would result, a
26mandatory cost of $250, which shall be in addition to any other
27costs imposed pursuant to statutory authority, shall
28automatically be assessed on any person convicted, adjudicated
29delinquent or granted ARD for criminal homicide, a felony sex
30offense or other specified offense, and all proceeds derived

1from this section shall be transmitted to the fund.

2Section <-6 2. This act shall take effect in 60 days.