1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for duties relating
3to missing children and other missing persons.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2908 of Title 18 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 2908. Missing children and other missing persons.

9(a) Duties of law enforcement agencies.--Law enforcement
10agencies shall have the following duties with respect to missing
11children:

12(1) To investigate a report of a missing child
13immediately upon receipt of the report regardless of the age
14of the missing child or the circumstances surrounding the
15disappearance of the child. In no case shall law enforcement
16agencies impose a mandatory waiting period prior to
17commencing the investigation of a missing child.

1(2) When conducting a missing child investigation, to
2record all information relevant to the missing child and the
3circumstances surrounding the disappearance of the missing
4child on the appropriate law enforcement investigative
5report.

6(3) To make an entry into the Missing Persons File
7through the Commonwealth Law Enforcement Assistance Network
8(CLEAN) in accord with Pennsylvania State Police policy and
9procedures immediately upon receipt of sufficient
10identification information on the missing child.

11(3.1) To make an entry into the Unidentified Persons
12File through Commonwealth Law Enforcement Assistance Network
13(CLEAN) in accord with Pennsylvania State Police policy and
14procedures immediately upon:

15(i) taking custody of an unidentified living child,
16such as an infant, or a physically or mentally disabled
17child; or

18(ii) discovering an unidentified deceased child.

19(4) To insure timely cancellation of any entry made
20pursuant to this section where the missing child has returned
21or is located.

22(a.1) Unidentified deceased [children] persons.--Law
23enforcement agencies [and], coroners and medical examiners
24shall, with respect to unidentified deceased [children]
25persons, have the duty to make an entry into the Unidentified
26Deceased Person File through the Commonwealth Law Enforcement
27Assistance Network (CLEAN) in accordance with Pennsylvania
28State Police policy and procedures immediately upon observing
29or receiving any descriptive information on an unidentified
30deceased [child] person.

1[(b) Definition.--As used in this section the term
2"child" means a person under 18 years of age.]

3(c) DNA submissions.--Law enforcement agencies shall have
4the following duties with respect to missing persons:

5(1) To inform the person making the missing person
6report within 30 days of the receipt of the report of all of
7the following:

8(i) Any person making a missing person report may
9provide an appropriate personal item belonging to the
10missing person.

11(ii) A parent or other appropriate person may submit
12a DNA sample for forensic analysis.

13(2) To provide any person notified under paragraph (1)
14(ii) with a copy of a release form prepared and distributed
15by the Pennsylvania State Police that authorizes a parent or
16other appropriate person to voluntarily provide a DNA sample
17or an appropriate personal article belonging to the missing
18person for purposes of DNA sampling. The release form shall
19explain that the results of any DNA analysis will be used
20solely for the purpose of identifying the missing person.

21(3) To submit any sample or item obtained under
22paragraph (1), as soon as practicable after receipt and
23verification of the status of the missing person, along with
24a copy of the missing person report, an executed release form
25and any supplemental information, to the Pennsylvania State
26Police in accord with Pennsylvania State Police policy and
27procedures.

28(4) To immediately notify the Pennsylvania State Police
29when any missing person on whose behalf a submission was made
30under paragraph (3) is located or identified.

1(d) Specific duties of the Pennsylvania State Police.--In
2addition to the duties set forth in subsections (a), (a.1) and
3(c), the Pennsylvania State Police shall have the following
4duties with respect to missing persons:

5(1) To establish policy and procedures to implement the
6requirements of this section.

7(2) To develop a model kit to be used by law enforcement
8to take DNA samples from parents or other appropriate
9persons.

10(3) To receive DNA samples and items submitted under
11subsection (c).

12(4) To conduct forensic DNA analysis of samples and
13items submitted under subsection (c) utilizing appropriate
14DNA typing tests, which include nuclear and mitochondrial DNA
15typing, and to include the results in any appropriate missing
16person or unidentified human remains database in accord with
17established policy and procedures.

18(5) To notify the submitting law enforcement agency when
19a missing person is located or identified utilizing DNA.

20(6) Except as provided in subsection (f), to maintain
21the confidentiality of the results of forensic DNA analysis
22conducted under this section.

23(e) Use of DNA samples following a missing person's return,
24location or positive identification.--

25(1) Unless, within 90 days after a missing person is
26returned, located or positively identified, a district
27attorney provided notice to the Pennsylvania State Police
28that good cause exists to believe that a criminal offense has
29occurred relating to the disappearance of the missing person
30and that a submitted DNA sample or the results of any

1forensic DNA analysis conducted thereon may be evidence in
2the prosecution of the offense, all DNA samples received
3under subsection (c) and the results of any forensic analysis
4performed on the samples shall be destroyed within 30 days
5after the time for providing notice has expired.

6(2) Notice from the district attorney shall specifically
7state the offense which the district attorney has good cause
8to believe has occurred.

9(3) If a prosecution of the stated offense is not
10commenced during the applicable period of limitations set
11forth in 42 Pa.C.S. Ch. 55 (relating to limitation of time),
12the DNA samples received under subsection (c) and the results
13of any forensic DNA analysis performed on the DNA samples
14shall be destroyed.

15(f) Confidentiality.--

16(1) Except as provided in paragraph (2), the results of
17a forensic DNA analysis performed on a sample or item
18submitted under subsection (c) are confidential.

19(2) The Pennsylvania State Police may only disclose the
20results of a forensic DNA analysis performed under this
21section to:

22(i) Law enforcement agencies.

23(ii) Coroners and medical examiners.

24(iii) A parent or other appropriate person
25voluntarily providing a DNA sample or an article, under
26subsection (c).

27(3) A person who collects, processes or stores a DNA
28sample from a living person for forensic DNA analysis under
29this section and who intentionally violates this subsection
30is liable to the living person who donated the DNA sample for

1civil damages in the amount of $5,000 for each violation.

2(g) Other forensic identification evidence.--

3(1) In addition to any other action taken, law
4enforcement agencies shall inform the person making the
5missing person report that the person may provide copies of
6the missing person's dental records or X-rays or both, for
7inclusion in the law enforcement agency's missing person
8investigative file.

9(2) This subsection shall not apply if the missing
10person's dental records or X-rays have previously been
11obtained.

12(h) Definitions.--As used in this section, the following
13words and phrases shall have the meanings given to them in this
14subsection:

15"Appropriate personal item." An item of personal property
16belonging to a missing person that is likely to contain the
17missing person's DNA.

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

19"DNA." Deoxyribonucleic acid. DNA is located in the cells
20and provides an individual's personal genetic blueprint. DNA
21encodes genetic information that is the basis of human heredity
22and forensic identification.

23"DNA sample." A blood or tissue sample provided by a parent
24or other appropriate person under this section for analysis or
25storage, or both.

26Section 2. This act shall take effect in 180 days.