AN ACT

 

1Amending Title 44 (Law and Justice) of the Pennsylvania
2Consolidated Statutes, in DNA data and testing, further
3providing for policy, for definitions, for powers and duties
4of State Police, for State DNA Data Base, for State DNA Data
5Bank, for State Police recommendation of additional offenses,
6for procedural compatibility with FBI and for DNA sample
7required upon conviction, delinquency adjudication and
8certain ARD cases; providing for collection from persons
9accepted from other jurisdictions; further providing for
10procedures for withdrawal, collection and transmission of DNA
11samples, for procedures for conduct, disposition and use of
12DNA analysis; providing for request for modified DNA search;
13and further providing for DNA data base exchange, for
14expungement and for mandatory cost.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,
182315 and 2316 of Title 44 of the Pennsylvania Consolidated
19Statutes are amended to read:

20§ 2302. Policy.

21The General Assembly finds and declares that:

22(1) DNA data banks are an important tool in criminal

1investigations, in [the exclusion of] excluding innocent
2individuals who are the subject of criminal investigations or
3prosecutions and in [deterring and detecting recidivist acts]
4detecting and deterring repeated crimes by the same 
5individual.

6(2) Several states have enacted laws requiring persons
7arrested, charged or convicted of certain crimes, especially
8sex offenses, to provide genetic samples for DNA profiling.

9(2.1) Several states have authorized the disclosure of
10DNA profiles in their state's DNA data base where comparison
11of DNA linked to a crime with the known offender DNA profile
12in the data base establishes the likelihood of a close
13familial relationship between the two.

14(3) Moreover, it is the policy of the Commonwealth to
15assist Federal, State and local criminal justice and law
16enforcement agencies in the identification and detection of
17individuals in criminal investigations.

18(4) It is therefore in the best interest of the
19Commonwealth to establish a DNA data base and a DNA data bank
20containing DNA samples submitted by individuals arrested for, 
21charged with, convicted of, adjudicated delinquent for or
22accepted into ARD for criminal homicides, felony sex offenses
23and other specified offenses.

24(5) It is in the best interest of the Commonwealth to
25authorize the State Police to use DNA analysis and to
26identify these individuals to a criminal justice agency in
27certain cases.

28§ 2303. Definitions.

29The following words and phrases when used in this chapter
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Accredited forensic DNA laboratory." A forensic DNA
3laboratory that has received accreditation by an accrediting
4body nationally recognized within the forensic science community
5in accordance with the FBI Quality Assurance Standards to
6perform forensic DNA testing and is in compliance with FBI
7Quality Assurance Standards.

8"ARD." Accelerated Rehabilitative Disposition.

<-9"Arrest." The taking or keeping of a person in custody by
10legal authority or proceedings commenced by a police complaint
11that is proceeded against by summons or by a petition filed
12pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of
13proceedings).

14"CODIS." The [term is derived from] Combined DNA Index
15System[, the Federal Bureau of Investigation's national DNA
16identification index system that allows the storage and exchange
17of DNA records submitted by state and local forensic DNA
18laboratories] established and maintained by the Federal Bureau 
19of Investigation.

20"Commissioner." The Commissioner of the Pennsylvania State
21Police.

22"Crime scene DNA profile." A DNA profile derived from a DNA
23sample recovered from a victim, crime scene or item linked to a
24crime, which may have originated from a perpetrator.

25"Criminal homicide." Any of the following:

26(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).

27(2) 18 Pa.C.S. § 2502 (relating to murder).

28(3) 18 Pa.C.S. § 2503 (relating to voluntary
29manslaughter).

30(4) 18 Pa.C.S. § 2504 (relating to involuntary

1manslaughter), when the offense is graded as a felony.

2(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
3suicide), when the offense is graded as a felony.

4(6) 18 Pa.C.S. § 2506 (relating to drug delivery
5resulting in death).

6(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
7law enforcement officer).

8(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
9unborn child).

10(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
11child).

12(10) 18 Pa.C.S. § 2605 (relating to voluntary
13manslaughter of unborn child).

14"Criminal justice agency." A criminal justice agency as
15defined in 18 Pa.C.S. § 9102 (relating to definitions).

16"DNA." Deoxyribonucleic acid[. DNA is located in the cells
17and provides an individual's personal genetic blueprint. DNA]
18located in the chromosomes or mitochondria of a living 
19organism's cells which encodes genetic information that is the
20basis of human heredity and forensic identification.

21"DNA record." DNA profile and identification information
22stored in the State DNA Data Base or the Combined DNA Index
23System for the purpose of generating investigative leads or
24supporting statistical interpretation of DNA test results. The
25term includes nuclear and mitochondrial typing. The DNA record
26is the result obtained from the DNA typing tests. [The DNA
27record is comprised of the characteristics of a DNA sample which
28are of value in establishing the identity of individuals. The
29results of all DNA identification tests on an individual's DNA
30sample are also collectively referred to as the DNA profile of

1an individual.]

2"DNA sample." [A blood or tissue sample provided by any
3person with respect to offenses covered by this chapter or
4submitted to the Pennsylvania State Police laboratory pursuant
5to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009, 
6No.14), known as the DNA Detection of Sexual and Violent
7Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
8data and testing) or to this chapter for analysis or storage, or
9both.] A sample of biological material suitable for DNA 
10analysis.

11"FBI." The Federal Bureau of Investigation.

12"Felony sex offense." A felony offense or an attempt,
13conspiracy or solicitation to commit a felony offense under any
14of the following:

1518 Pa.C.S. Ch. 31 (relating to sexual offenses).

1618 Pa.C.S. § 3130 (relating to conduct relating to sex
17offenders).

1818 Pa.C.S. § 4302 (relating to incest).

1918 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
20(relating to prostitution and related offenses).

2118 Pa.C.S. § 5903(a) (relating to obscene and other
22sexual materials and performances) where the offense
23constitutes a felony.

24[18 Pa.C.S. § 6312 (relating to sexual abuse of
25children).

2618 Pa.C.S. § 6318 (relating to unlawful contact with
27minor) where the most serious underlying offense for which
28the defendant contacted the minor is graded as a felony.

2918 Pa.C.S. § 6320 (relating to sexual exploitation of
30children).]

1Any offense graded as a felony requiring registration
2under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
3sexual offenders).

4"Forensic DNA laboratory." A laboratory that performs
5forensic DNA testing for the purposes of identification.

6"Forensic DNA testing." A test that applies techniques from
7molecular biology to analyze deoxyribonucleic acid (DNA) to
8identify characteristics unique to a particular individual.

9"Former DNA Act." The former act of May 28, 1995 (1st 
10Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
11and Violent Offenders Act.

12"Fund." The DNA Detection Fund reestablished in section 2335
13(relating to DNA Detection Fund).

14"Human behavioral genetic research." The study of the
15possible genetic underpinnings of behaviors, including, but not
16limited to, aggression, substance abuse, social attitudes,
17mental abilities, sexual activity and eating habits.

18"Law enforcement identification purposes." Assisting in the
19determination of the identity of an individual whose DNA is
20contained in a biological sample.

21"Mitochondrial DNA analysis." A method that applies
22techniques from molecular biology to analyze DNA found in the
23mitochondria of cells.

24"Modified DNA search." A search of the State DNA Data Base,
25using scientifically valid and reliable methods in accordance
26with rules, regulations and guidelines promulgated under section
272318 (relating to procedures for conduct, disposition and use of
28DNA analysis), to determine that a crime scene DNA profile is
29sufficiently likely to have originated from a close relative of
30an individual whose DNA profile is recorded in the State DNA

1Data Base.

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

3(1) A felony offense, other than criminal homicide or a 
4felony sex offense.

5(2) [An offense under 18 Pa.C.S. § 2910 (relating to
6luring a child into a motor vehicle or structure) or 3126
7(relating to indecent assault) or an attempt to commit such
8an offense] (Reserved).

9(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
10(relating to registration of sexual offenders)] (Reserved).

11(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
12assault).

13(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).

14(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
15trespass).

16(7) 18 Pa.C.S. § 4303 (relating to concealing death of
17child).

18(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
19children).

20(9) A misdemeanor offense requiring registration under
2142 Pa.C.S. Ch. 97 Subch. H (relating to registration of
22sexual offenders).

23"State Police." The Pennsylvania State Police.

24"Y chromosome analysis." A method that applies techniques
25from molecular biology to examine DNA found on the Y chromosome.

26§ 2311. Powers and duties of State Police.

27In addition to any other powers and duties conferred by this
28chapter, the State Police shall:

29* * *

30(2) Promulgate [rules and regulations], as necessary,

1rules, regulations and guidelines to carry out the provisions
2of this chapter.

3* * *

4§ 2312. State DNA Data Base.

5[The State DNA Data Base is reestablished. It shall be
6administered by the State Police and provide DNA records to the
7FBI for storage and maintenance by CODIS.] A Statewide DNA Data 
8Base is established within the State Police to store DNA records 
9from DNA samples submitted for analysis and storage to the State 
10Police laboratory under the former DNA Act, the former 
11provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and 
12testing) or to this chapter, and to provide DNA records to 
13CODIS. The State DNA Data Base shall have the capability
14provided by computer software and procedures administered by the
15State Police to store and maintain DNA records related to:

16(1) forensic casework;

17(2) [convicted] arrestees and convicted or delinquency 
18adjudicated offenders required to provide a DNA sample under
19this chapter; and

20(3) anonymous DNA records used for statistical research
21[or] on the frequency of DNA genotypes, quality control or 
22the development of new DNA identification methods.

23§ 2313. State DNA Data Bank.

24The State DNA Data Bank is reestablished. It shall serve as
25the repository of DNA samples collected under this chapter or 
26under prior law.

27§ 2314. State Police recommendation of additional offenses and 
28annual report.

29(a) Recommendation.--The State Police may recommend to the
30General Assembly that it enact legislation for the inclusion of

1additional offenses for which DNA samples shall be taken and
2otherwise subjected to the provisions of this chapter. In
3determining whether to recommend additional offenses, the State
4Police shall consider those offenses for which DNA testing will
5have a substantial impact on the detection and identification of
6sex offenders and [violent] other offenders.

7(b) Annual report.--No later than August 1 of each year, the
8commissioner shall submit to the Governor's Office, the majority
9and minority chairmen of the Senate Judiciary Committee and the
10majority and minority chairmen of the House Judiciary Committee,
11a written report containing information regarding the collection
12and testing of DNA samples under the provisions of this chapter.
13The report must include, but need not be limited to, the
14following information pertaining to the previous fiscal year:

15(1) The number of DNA samples collected at arrest.

16(2) The number of DNA samples collected at arrest that
17contributed to the filing of charges in or the closing of
18investigations related to previously unsolved offenses.

19(3) The number of acquittals, convictions and dismissals
20in cases where DNA samples collected at arrest contributed to
21the filing of charges in previously unsolved offenses.

22(4) The age, ethnicity, race and sex of arrestees from
23whom DNA samples were collected at arrest and upon
24conviction.

25(5) The fiscal impact on the State Police of collecting
26DNA samples from persons convicted of offenses.

27(6) The fiscal impact on the State Police of collecting
28DNA samples from arrestees.

29(7) The number of DNA samples collected at arrest that
30were expunged from the Statewide DNA Data Base by request, by

1court order, as a result of acquittal, as a result of charges
2never having been filed and because charges filed were
3dismissed.

4(8) The average length of time between the collection of
5DNA samples from arrestees and from those convicted of
6offenses and the completion of forensic DNA testing of each
7of those categories of DNA samples.

8(9) Recommendations, if any, under this section for the
9inclusion of additional offenses for which DNA samples must
10be collected or recommendations for the removal of specific
11offenses from the categories requiring the collection of DNA
12samples from arrestees or persons convicted of crimes.

13§ 2315. Procedural compatibility with FBI.

14The DNA identification system [as] established by the State
15Police shall be compatible with the procedures [specified]
16established by the FBI Quality Assurance Standards for forensic 
17DNA testing laboratories and DNA data basing laboratories and 
18CODIS policies and procedures, including use of comparable test
19procedures, laboratory equipment, supplies and computer
20software.

21§ 2316. DNA sample required [upon conviction, delinquency
22adjudication and certain ARD cases].

23(a) [General rule] Conviction or adjudication.--A person who
24is convicted or adjudicated delinquent for criminal homicide, a
25felony sex offense or other specified offense or who is or
26remains incarcerated for <-criminal homicide, a felony sex offense
27or other specified offense on or after the effective date of
28this chapter shall have a DNA sample [drawn] collected as
29follows:

30(1) A person who is sentenced or receives a delinquency

1disposition to a term of confinement for an offense covered
2by this subsection shall have a DNA sample [drawn] collected
3upon intake to a prison, jail or juvenile detention facility
4or any other detention facility or institution. If the person
5is already confined at the time of sentencing or
6adjudication, the person shall have a DNA sample [drawn]
7collected immediately after the sentencing or adjudication.
8If a DNA sample is not timely [drawn] collected in accordance
9with this section, the DNA sample may be [drawn] collected
10any time thereafter by the prison, jail, juvenile detention
11facility, detention facility or institution.

12(2) A person who is convicted or adjudicated delinquent
13for an offense covered by this subsection shall have a DNA
14sample [drawn] collected as a condition for any sentence or
15adjudication which disposition will not involve an intake
16into a prison, jail, juvenile detention facility or any other
17detention facility or institution.

18(3) Under no circumstances shall a person who is
19convicted or adjudicated delinquent for an offense covered by
20this subsection be released in any manner after such
21disposition unless and until a DNA sample [has been
22[withdrawn] and fingerprints have been collected.

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

24(1) A person who has been convicted or adjudicated
25delinquent for criminal homicide, a felony sex offense or
26other specified offense and who serves a term of confinement
27in connection therewith after June 18, 2002, shall not be
28released in any manner unless and until a DNA sample has been
29[withdrawn] collected.

30(2) This chapter shall apply to incarcerated persons

1convicted or adjudicated delinquent for criminal homicide, a
2felony sex offense or other specified offense prior to June
319, 2002.

4(3) This chapter shall apply to incarcerated persons and
5persons on probation or parole who were convicted or
6adjudicated delinquent for criminal homicide, a felony sex 
7offense or other specified offenses prior to the effective
8date of this paragraph.

9(c) Certain ARD cases.--Acceptance into ARD as a result of a
10criminal charge for criminal homicide, a felony sex offense or
11other specified offense filed after June 18, 2002, [may] shall
12be conditioned upon the [giving] collection of a DNA sample.

13(c.1) Arrest.--A person who is arrested in this Commonwealth
14for criminal homicide, felony sex offenses or other specified
15offenses shall have a DNA sample collected as follows:

16(1) A person who is arrested for an offense covered
17under this subsection shall have a DNA sample collected no
18later than five days after the date of the arrest.

19(2) If a DNA sample is not timely collected in
20accordance with this subsection, the DNA sample may be
21collected any time thereafter by a law enforcement official,
22prison, jail, juvenile detention facility, detention facility
23or institution.

24(3) A person who is arrested for an offense covered
25under this subsection may not be released unless and until a
26DNA sample and fingerprints have been collected.

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 Base 
5and the State DNA Data Bank.

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

10Section 2. Title 44 is amended by adding a section to read:

11§ 2316.1. Collection from persons accepted from other
12jurisdictions.

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

26(b) Time period.--

27(1) If the person accepted under subsection (a) is not
28confined, the DNA sample and fingerprints required under this
29chapter shall be provided within five calendar days after the
30person reports to the supervising agent or within five

1calendar days of notice to the person, whichever occurs
2first. The person shall appear and the DNA samples shall be
3collected in accordance with the provisions of this chapter.

4(2) If the person accepted under subsection (a) is
5confined, the person shall provide the DNA sample and
6fingerprints required by this chapter within five calendar
7days after the person is received at a place of incarceration
8or confinement.

9Section 3. Sections 2317 heading and (a)(1) and (b) and
102318(a) and (c) of Title 44 are amended to read:

11§ 2317. Procedures for [withdrawal,] collection and
12transmission of DNA samples.

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

14(1) Each DNA sample required to be [drawn] collected
15pursuant to [section] sections 2316 (relating to DNA sample
16required [upon conviction, delinquency adjudication and
17certain ARD cases]) and 2316.1 (relating to collection from 
18persons accepted from other jurisdictions) from persons who
19are incarcerated or confined shall be [drawn] collected at
20the place of incarceration or confinement as provided for in
21section 2316. DNA samples from persons who are not ordered or
22sentenced to a term of confinement shall be [drawn] collected
23at a prison, jail unit, juvenile facility or other facility
24to be specified by the court. [Only] For DNA blood samples, 
25only those individuals qualified to draw DNA blood samples in
26a medically approved manner shall draw a DNA blood sample to
27be submitted for DNA analysis. [Such sample] DNA samples and
28the set of fingerprints provided for in paragraph (2) shall
29be delivered to the State Police within 48 hours of [drawing]
30collecting the sample.

1* * *

2(b) Limitation on liability.--Persons authorized to [draw]
3collect DNA samples under this section shall not be criminally
4liable for withdrawing a DNA sample and transmitting test
5results pursuant to this chapter if they perform these
6activities in good faith and shall not be civilly liable for
7such activities when the person acted in a reasonable manner
8according to generally accepted medical and other professional
9practices.

10* * *

11§ 2318. Procedures for conduct, disposition and use of DNA
12analysis.

13(a) Procedures.--

14(1) The State Police shall [prescribe] promulgate, as 
15necessary, rules, regulations and guidelines to implement 
16this chapter, including procedures to be used in the
17collection, submission, identification, analysis, storage and
18disposition of DNA samples and typing results of DNA samples
19submitted under the former DNA Act, former provisions of 42 
20Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
21chapter.

22(2) The DNA sample typing results shall be securely
23stored in the State DNA Data Base, and records of testing
24shall be retained on file with the State Police consistent
25with the procedures established by the FBI Quality Assurance 
26Standards for forensic DNA testing laboratories and DNA data 
27basing laboratories and CODIS policies and procedures.

28(3) These procedures shall also include quality
29assurance guidelines to ensure that DNA identification
30records meet standards for accredited forensic DNA

1laboratories which submit DNA records to the State DNA Data
2Base.

3(4) The rules, regulations and guidelines shall address 
4the following:

5(i) Verification of accreditation.

6(ii) Compliance with FBI Quality Assurance
7Standards, including continuing education requirements
8for the personnel of forensics DNA testing laboratories.

9* * *

10(c) Use of tests.--

11(1) Except as otherwise provided in section 2319(c)
12(relating to DNA data base exchange), the tests to be
13performed on each DNA sample shall be used only for law
14enforcement identification purposes or to assist in the
15recovery or identification of human remains from disasters or
16for other humanitarian identification purposes, including
17identification of missing persons.

18(2) No DNA sample or DNA record acquired under this
19chapter may be used for human behavioral genetic research or
20for nonlaw enforcement or nonhumanitarian identification
21purposes.

22* * *

23Section 4. Title 44 is amended by adding a section to read:

24§ 2318.1. Request for modified DNA search.

25(a) General rule.--

26(1) A criminal justice agency may request in writing
27that the State Police perform a modified DNA search in an
28unsolved case and shall provide information as required by
29the State Police.

30(2) The State Police may grant a request to conduct a

1modified DNA search if the State Police determine that the
2request complies with subsection (d)(2).

3(b) Modified DNA search.--

4(1) The State Police may conduct a modified DNA search
5if it grants a request under subsection (a)(2).

6(2) The State Police may conduct a modified DNA search
7in unsolved cases without the request of a criminal justice
8agency if the State Police determine that they would have
9granted a request had a request been made by a criminal
10justice agency.

11(3) In all cases, the State Police shall use procedures
12for conducting a modified DNA search that are consistent with
13the rules, regulations and guidelines promulgated under
14section 2318 (relating to procedures for conduct, disposition
15and use of DNA analysis).

16(c) Release of information from a modified DNA search.--The
17State Police shall provide the requesting criminal justice
18agency with personally identifying information on individuals
19whose DNA records were identified through a modified DNA search.

20(d) Requirements.--

21(1) The State Police shall require a criminal justice
22agency to provide assurances and information in support of
23its request for a modified DNA search, including:

24(i) A representation that a modified DNA search is
25necessary for law enforcement identification purposes in
26an unsolved case.

27(ii) A representation that all other investigative
28leads have been pursued.

29(iii) A commitment to further investigate the case
30if personal identifying information from a modified DNA

1search is provided.

2(iv) Any other information the State Police deem
3necessary.

4(2) The State Police <-shall may grant a modified DNA 
5search request if the State Police determine that:

6(i) The crime scene DNA profile has sufficient size, 
7quality and integrity.

8(ii) The crime scene DNA profile has previously been 
9subjected to a routine DNA search against the State DNA 
10Data Base.

11(iii) The modified DNA search is necessary for law 
12enforcement identification purposes in an unsolved case.

13(iv) The criminal justice agency has pursued all 
14other investigative leads.

15(v) Any relevant consideration, including factors or 
16requirements considered by any other jurisdiction, 
17supports granting the request.

18(3) The State Police procedures, promulgated under
19section 2318, to conduct modified DNA searches shall be based
20on scientifically valid and reliable methods to determine
21that a crime scene DNA profile is sufficiently likely to have
22originated from a close relative of an individual whose DNA
23profile is recorded in the State DNA Data Base. The State
24Police may require the following:

25(i) An analysis of the rarity in the relevant
26population of each shared DNA characteristic.

27(ii) An analysis of the pattern of shared DNA
28characteristics.

29(iii) Y chromosome analysis.

30(iv) Mitochondrial DNA analysis.

1(v) Any other suitable method designed to determine
2that a crime scene DNA profile originated from a close
3relative of an individual in the State DNA Data Base.

4Section 5. Sections 2319, 2321 and 2322 of Title 44 are
5amended to read:

6§ 2319. DNA data base exchange.

7(a) Receipt of DNA samples by State Police.--It shall be the
8duty of the State Police to receive DNA samples, to store, to
9perform analysis or to contract for DNA typing analysis with [a
10qualified] an accredited forensic DNA laboratory that meets the
11[guidelines] rules, regulations and guidelines under section 
122318 (relating to procedures for conduct, disposition and use of 
13DNA analysis) as established by the State Police, to classify
14and to file the DNA record of identification characteristic
15profiles of DNA samples submitted under the former DNA Act,
16former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
17testing) or this chapter and to make such information available
18as provided in this section. The State Police may contract [out]
19for the storage of DNA typing analysis [and may contract out] or
20DNA typing analysis to [a qualified] an accredited forensic DNA
21laboratory that meets the rules, regulations and guidelines as
22established by the State Police under section 2318. The results
23of the DNA profile of individuals in the State DNA Data Base
24shall be made available:

25(1) to criminal justice agencies or [approved crime]
26CODIS-participating DNA laboratories which serve these
27agencies; or

28(2) upon written or electronic request and in
29furtherance of an official investigation of a criminal
30offense or offender or suspected offender.

1(b) Methods of obtaining information.--The State Police
2shall [adopt] promulgate, as necessary, rules, regulations and
3guidelines governing the methods of obtaining information from
4the State DNA Data Base and CODIS and procedures for
5verification of the identity and authority of the requester.

6(c) Population data base.--

7(1) The State Police may establish a separate population
8data base comprised of DNA samples obtained under this
9chapter after all personal identification is removed.

10(2) The State Police may share or disseminate the
11population data base with other criminal justice agencies or
12[crime] CODIS-participating DNA laboratories that serve to
13assist the State Police with statistical data bases.

14(3) The population data base may be made available to 
15and searched by other agencies participating in the CODIS 
16system.

17(d) Separate category.--The State Police shall create a
18separate category within the data base to store DNA samples and
19records collected upon arrest under section 2316(c.1) (relating
20to DNA sample required).

21§ 2321. Expungement.

22[(a) General rule.--A person whose DNA sample, record or 
23profile has been included in the State DNA Data Bank or the 
24State DNA Data Base pursuant to the former DNA Act, former 42 
25Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
26chapter may request expungement on the grounds that the
27conviction or delinquency adjudication on which the authority
28for including that person's DNA sample, record or profile was
29based has been reversed and the case dismissed or that the DNA
30sample, record or profile was included in the State DNA Data

1Bank or the State DNA Data Base by mistake.

2(b) Duty of State Police.--The State Police shall purge all
3records and identifiable information in the State DNA Data Bank
4or State DNA Data Base pertaining to the person and destroy each
5sample, record and profile from the person upon:

6(1) receipt of a written request for expungement
7pursuant to this section and a certified copy of the final
8court order reversing and dismissing the conviction; or

9(2) clear and convincing proof that the sample record or
10profile was included by mistake.]

11(a) General rule.--A person whose DNA sample, record or 
12profile has been included in the State DNA Data Bank or the 
13State DNA Data Base under the former DNA Act, former provisions 
14of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this 
15chapter may have the DNA sample, record or profile expunged in 
16accordance with this section.

17(b) Removal by request.--A person whose DNA sample, record
18or profile has been included in the State DNA Data Bank or the
19State DNA Date Base under the former DNA Act, former provisions
20of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
21with the State Police on the grounds that the DNA sample, record
22or profile be removed on the grounds that the DNA sample, record
23or profile was included in the State DNA Data Bank or the State
24DNA Data Base by mistake. If the State Police grants the
25request, the request shall be processed at no cost and the State
26Police shall provide written notice of the removal to the person
27and his attorney of record, if any, within 60 days after
28destroying the DNA sample, record and profile. If the State
29Police erroneously denies the request, the person may request
30expungement of the DNA sample, record or profile under

1subsection (b.1).

2(b.1) Expungement by court order.--The following shall
3apply:

4(1) Except as provided under paragraph (2), a person may
5request the court of common pleas of the county where the
6original charges were filed to issue an order directing the
7expungement of the DNA sample, record or profile pertaining
8to the person in the State DNA Data Bank or the State DNA
9Data Base in the following instances:

10(i) the conviction or delinquency adjudication for
11which the person's DNA sample was collected has been
12reversed and no appeal is pending;

13(ii) the charge for which the DNA sample was taken
14has been dismissed, no appeal is pending and the
15prosecuting authority is barred from seeking a retrial;

16(iii) there has been a judgment of acquittal on the
17charge for which the DNA sample was taken;

18(iv) the person from whom the DNA sample was taken
19was not charged with a crime for which a DNA sample is
20authorized to be taken under this chapter;

21(v) the prosecuting authority has expressly declined
22to prosecute the charge for which the DNA sample was
23taken;

24(vi) the charge for which the DNA sample was taken
25was not filed within the statute of limitations;

26(vii) the person was granted an unconditional pardon
27for the crime for which the DNA sample was taken; or

28(viii) the DNA sample, record or profile was
29included in the State DNA Data Bank or State DNA Data
30Base by mistake and the State Police has erroneously

1refused to grant the person's request for removal under
2subsection (b).

3(2) Paragraph (1) shall not apply if the person has been
4arrested, charged, convicted or adjudicated delinquent for
5any other crime for which a DNA sample is required to be
6collected under this chapter.

7(3) The court shall give ten days' prior notice to the
8district attorney of the county where the original charges
9were filed of any application for expungement under this
10subsection.

11(4) Notwithstanding any other law or rule of court, the
12court shall have no authority to order the expungement of any
13DNA sample, record or profile in the State DNA Data Bank or
14the State DNA Data Base except as provided under this
15subsection.

16(b.2) Expungement reporting.--A person whose DNA sample,
17record or profile has been expunged under subsection (b.1) shall
18forward a certified copy of an expungement order issued under
19subsection (b.1) to the State Police.

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

21(1) Upon receipt of an expungement order issued under
22subsection (b.1), the State Police shall destroy the DNA
23sample, record and profile in the State DNA Data Bank and the
24State DNA Data Base pertaining to a person identified in an
25expungement order.

26(2) The expungement shall be processed at no cost to the
27person from whom the DNA sample was taken.

28(3) The State Police shall provide written notice of the
29expungement to the person and his attorney of record, if any,
30within 60 days after destroying the DNA sample, record and

1profile.

<-2(4) The State Police shall create and provide an
3expungement procedure informational pamphlet to any person
4whose DNA sample, record or profile has been taken or created
5under this chapter.

6(c) Limitations.--

7(1) An incarcerated or previously incarcerated person
8may not seek expungement of a DNA sample, record or profile
9on the ground that that person was convicted or adjudicated
10delinquent for a felony sex offense prior to July 27, 1995.

11(2) A person may not seek expungement of a DNA sample,
12record or profile on the ground that that person was
13convicted or adjudicated delinquent for one of the other
14specified offenses prior to the effective date of the former
15DNA Act or this chapter.

16(d) Effect of expungement.--The expungement of a DNA sample, 
17record or profile pursuant to this section shall have no effect 
18on any data bank or data base match or partial match occurring 
19prior to the expungement of the sample, record or profile.

20§ 2322. Mandatory cost.

21Unless the court finds that undue hardship would result, a
22mandatory cost of $250, which shall be in addition to any other
23costs imposed pursuant to statutory authority, shall
24automatically be assessed on any person convicted, adjudicated
25delinquent or granted ARD for criminal homicide, a felony sex
26offense or other specified offense, and all proceeds derived
27from this section shall be transmitted to the fund.

28Section 6. This act shall take effect in 60 days.