PRIOR PRINTER'S NOS. 132, 240, 342,
PRINTER'S NO. 1591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PILEGGI, GREENLEAF, MENSCH, ERICKSON, SCHWANK, RAFFERTY, ALLOWAY, COSTA, YAW, VULAKOVICH, BOSCOLA, WARD, SOLOBAY, GORDNER, VANCE, BAKER, DINNIMAN AND BROWNE, JANUARY 16, 2013
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2013
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.
20§ 2302. Policy.
21The General Assembly finds and declares that:
1(1) DNA data banks are an important tool in criminal
2investigations, in [the exclusion of] excluding innocent
3individuals who are the subject of criminal investigations or
4prosecutions and in [deterring and detecting recidivist acts]
5detecting and deterring repeated crimes by the same
10(2.1) Several states have authorized the disclosure of
11DNA profiles in their state's DNA data base where comparison
12of DNA linked to a crime with the known offender DNA profile
13in the data base establishes the likelihood of a close
14familial relationship between the two.
15(3) Moreover, it is the policy of the Commonwealth to
16assist Federal, State and local criminal justice and law
17enforcement agencies in the identification and detection of
18individuals in criminal investigations.
19(4) It is therefore in the best interest of the
20Commonwealth to establish a DNA data base and a DNA data bank
21containing DNA samples submitted by individuals arrested for,
22charged with, convicted of, adjudicated delinquent for or
23accepted into ARD for criminal homicides, felony sex offenses
24and other specified offenses.
29§ 2303. Definitions.
30The following words and phrases when used in this chapter
3"Accredited forensic DNA laboratory." A forensic DNA
4laboratory that has received accreditation by an accrediting
5body nationally recognized within the forensic science community
6in accordance with the FBI Quality Assurance Standards to
7perform forensic DNA testing and is in compliance with FBI
8Quality Assurance Standards.
9"ARD." Accelerated Rehabilitative Disposition.
10"Arrest." The taking or keeping of a person in custody by
11legal authority or proceedings commenced by a police complaint
12that is proceeded against by summons or by a petition filed
13pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of
15"CODIS." The [term is derived from] Combined DNA Index
16System[, the Federal Bureau of Investigation's national DNA
17identification index system that allows the storage and exchange
18of DNA records submitted by state and local forensic DNA
19laboratories] established and maintained by the Federal Bureau
26"Criminal homicide." Any of the following:
27(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
28(2) 18 Pa.C.S. § 2502 (relating to murder).
17"DNA." Deoxyribonucleic acid[. DNA is located in the cells
18and provides an individual's personal genetic blueprint. DNA]
19located in the chromosomes or mitochondria of a living
20organism's cells which encodes genetic information that is the
21basis of human heredity and forensic identification.
22"DNA record." DNA profile and identification information
23stored in the State DNA Data Base or the Combined DNA Index
24System for the purpose of generating investigative leads or
25supporting statistical interpretation of DNA test results. The
26term includes nuclear and mitochondrial typing. The DNA record
27is the result obtained from the DNA typing tests. [The DNA
28record is comprised of the characteristics of a DNA sample which
29are of value in establishing the identity of individuals. The
30results of all DNA identification tests on an individual's DNA
3"DNA sample." [A blood or tissue sample provided by any
4person with respect to offenses covered by this chapter or
5submitted to the Pennsylvania State Police laboratory pursuant
6to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009,
7No.14), known as the DNA Detection of Sexual and Violent
8Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
9data and testing) or to this chapter for analysis or storage, or
10both.] A sample of biological material suitable for DNA
12"FBI." The Federal Bureau of Investigation.
1618 Pa.C.S. Ch. 31 (relating to sexual offenses).
1918 Pa.C.S. § 4302 (relating to incest).
3018 Pa.C.S. § 6320 (relating to sexual exploitation of
15"Human behavioral genetic research." The study of the
16possible genetic underpinnings of behaviors, including, but not
17limited to, aggression, substance abuse, social attitudes,
18mental abilities, sexual activity and eating habits.
25"Modified DNA search." A search of the State DNA Data Base,
26using scientifically valid and reliable methods in accordance
27with rules, regulations and guidelines promulgated under section
282318 (relating to procedures for conduct, disposition and use of
29DNA analysis), to determine that a crime scene DNA profile is
30sufficiently likely to have originated from a close relative of
3"Other specified offense." Any of the following:
14(5) 18 Pa.C.S. § 2902 (relating to unlawful restraint).
24"State Police." The Pennsylvania State Police.
27§ 2311. Powers and duties of State Police.
30* * *
4* * *
5§ 2312. State DNA Data Base.
6[The State DNA Data Base is reestablished. It shall be
7administered by the State Police and provide DNA records to the
8FBI for storage and maintenance by CODIS.] A Statewide DNA Data
9Base is established within the State Police to store DNA records
10from DNA samples submitted for analysis and storage to the State
11Police laboratory under the former DNA Act, the former
12provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
13testing) or to this chapter, and to provide DNA records to
14CODIS. The State DNA Data Base shall have the capability
15provided by computer software and procedures administered by the
16State Police to store and maintain DNA records related to:
17(1) forensic casework;
24§ 2313. State DNA Data Bank.
30(a) Recommendation.--The State Police may recommend to the
1General Assembly that it enact legislation for the inclusion of
2additional offenses for which DNA samples shall be taken and
3otherwise subjected to the provisions of this chapter. In
4determining whether to recommend additional offenses, the State
5Police shall consider those offenses for which DNA testing will
6have a substantial impact on the detection and identification of
7sex offenders and [violent] other offenders.
8(b) Annual report.--No later than August 1 of each year, the
9commissioner shall submit to the Governor's Office, the majority
10and minority chairmen of the Senate Judiciary Committee and the
11majority and minority chairmen of the House Judiciary Committee,
12a written report containing information regarding the collection
13and testing of DNA samples under the provisions of this chapter.
14The report must include, but need not be limited to, the
15following information pertaining to the previous fiscal year:
1of those categories of DNA samples.
2(7) Recommendations, if any, under this section for the
3inclusion of additional offenses for which DNA samples must
4be collected or recommendations for the removal of specific
5offenses from the categories requiring the collection of DNA
6samples from arrestees or persons convicted of crimes.
7§ 2315. Procedural compatibility with FBI.
8The DNA identification system [as] established by the State
9Police shall be compatible with the procedures [specified]
10established by the FBI Quality Assurance Standards for forensic
11DNA testing laboratories and DNA data basing laboratories and
12CODIS policies and procedures, including use of comparable test
13procedures, laboratory equipment, supplies and computer
17(a) [General rule] Conviction or adjudication.--A person who
18is convicted or adjudicated delinquent for criminal homicide, a
19felony sex offense or other specified offense or who is or
20remains incarcerated for criminal homicide, a felony sex offense
21or other specified offense on or after the effective date of
22this chapter shall have a DNA sample [drawn] collected as
24(1) A person who is sentenced or receives a delinquency
25disposition to a term of confinement for an offense covered
26by this subsection shall have a DNA sample [drawn] collected
27upon intake to a prison, jail or juvenile detention facility
28or any other detention facility or institution. If the person
29is already confined at the time of sentencing or
30adjudication, the person shall have a DNA sample [drawn]
1collected immediately after the sentencing or adjudication.
2If a DNA sample is not timely [drawn] collected in accordance
3with this section, the DNA sample may be [drawn] collected
4any time thereafter by the prison, jail, juvenile detention
5facility, detention facility or institution.
6(2) A person who is convicted or adjudicated delinquent
7for an offense covered by this subsection shall have a DNA
8sample [drawn] collected as a condition for any sentence or
9adjudication which disposition will not involve an intake
10into a prison, jail, juvenile detention facility or any other
11detention facility or institution.
12(3) Under no circumstances shall a person who is
13convicted or adjudicated delinquent for an offense covered by
14this subsection be released in any manner after such
15disposition unless and until a DNA sample [has been
16[withdrawn] and fingerprints have been collected.
17(b) Condition of release, probation or parole.--
18(1) A person who has been convicted or adjudicated
19delinquent for criminal homicide, a felony sex offense or
20other specified offense and who serves a term of confinement
21in connection therewith after June 18, 2002, shall not be
22released in any manner unless and until a DNA sample has been
3(c) Certain ARD cases.--Acceptance into ARD as a result of a
4criminal charge for criminal homicide, a felony sex offense or
5other specified offense filed after June 18, 2002, [may] shall
6be conditioned upon the [giving] collection of a DNA sample.
10(1) A person who is arrested for an offense covered
11under this subsection shall have a DNA sample collected <-no
12later than five days after the date of the arrest. <-at the
13time fingerprints are collected pursuant to 18 Pa.C.S. § 9112
14(relating to mandatory fingerprinting). DNA collected shall
15be submitted to the Pennsylvania State Police within 48 hours
16in the manner prescribed by rules, regulations or guidelines
17promulgated under section 2318 (relating to procedures for
18conduct, disposition and use of DNA analysis).
<-22(2) (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
30(4) This subsection shall apply as follows:
13(d) Supervision of DNA samples.--All DNA samples taken
14pursuant to this section shall be taken in accordance with
15rules, regulations and guidelines promulgated by the State
16Police in consultation with the Department of Corrections.
17(d.1) Mandatory submission.--The requirements of this
18chapter are mandatory and apply regardless of whether a court
19advises a person that a DNA sample must be provided to the State
20DNA Data Base and the State DNA Data Bank as a result of [a] an
21arrest, conviction or adjudication of delinquency. A person who
22has been sentenced to death or life imprisonment without the
23possibility of parole or to any term of incarceration is not
24exempt from the requirements of this chapter. Any person subject
25to this chapter who has not provided a DNA sample for any
26reason, including because of an oversight or error, shall
27provide a DNA sample for inclusion in the State DNA Data Base
28and the State DNA Data Bank after being notified by authorized
29law enforcement or corrections personnel. If a person provides a
30DNA sample which is not adequate for any reason, the person
1shall provide another DNA sample for inclusion in the State DNA
2Data Base and the State DNA Data Bank after being notified by
3authorized law enforcement or corrections personnel. The
4collection of a DNA sample under this chapter shall not be
5required if the authorized law enforcement or corrections
6official confirms that a DNA sample from the person has already
7been validly collected and provided to the State DNA Data <-Base
8and the State DNA Data Bank. <-Bank and a DNA record for the
9person exists in the State DNA Data Base.
10(e) Definition.--As used in this section, the term
11"released" means any release, parole, furlough, work release,
12prerelease or release in any other manner from a prison, jail,
13juvenile detention facility or any other place of confinement.
14Section 2. Title 44 is amended by adding a section to read:
17(a) Conditional acceptance.--When a person is accepted into
18this Commonwealth for supervision from another jurisdiction
19under the Interstate Compact for Supervision of Adult Offenders,
20other reciprocal agreement with a Federal, state or county
21agency, or a provision of law, whether or not the person is
22confined or released, the acceptance shall be conditioned on the
23offender's providing DNA samples under this chapter if the
24offender has a past or present Federal, state or military court
25conviction or adjudication that is equivalent to criminal
26homicide, a felony sex offense or other specified offense as
27determined by the Pennsylvania Board of Probation and Parole.
28Additional DNA samples shall not be required if a DNA sample is
29currently on file with the State DNA Data <-Bank and a DNA record
30is currently on file in the State DNA Data Base.
1(b) Time period.--
2(1) If the person accepted under subsection (a) is not
3confined, the DNA sample and fingerprints required under this
4chapter shall be provided within five calendar days after the
5person reports to the supervising agent or within five
6calendar days of notice to the person, whichever occurs
7first. The person shall appear and the DNA samples shall be
8collected in accordance with the provisions of this chapter.
9(2) If the person accepted under subsection (a) is
10confined, the person shall provide the DNA sample and
11fingerprints required by this chapter within five calendar
12days after the person is received at a place of incarceration
18(a) [Drawing] Collection of DNA samples.--
19(1) Each DNA sample required to be [drawn] collected
20pursuant to [section] sections 2316 (relating to DNA sample
21required [upon conviction, delinquency adjudication and
22certain ARD cases]) and 2316.1 (relating to collection from
<-23persons accepted from other jurisdictions) from persons who
24are incarcerated or confined shall be [drawn] collected at
25the place of incarceration or confinement as provided for in
26section 2316. DNA samples from persons who are not ordered or
27sentenced to a term of confinement shall be [drawn] collected
28at a prison, jail unit, juvenile facility or other facility
29to be specified by the court. [Only] For DNA blood samples,
<-30persons accepted from other jurisdictions) [from] shall be
1collected as follows:
6(ii) DNA samples from persons who are not [ordered
7or sentenced to a term of confinement] incarcerated or
8confined shall be [drawn] collected as prescribed in
9sections 2316 and 2316.1 or at a prison, jail unit,
10juvenile facility or other facility [to be] specified by
11the court or supervising agent. [Only] For DNA blood
12samples, only those individuals qualified to draw DNA
13blood samples in a medically approved manner shall draw a
14DNA blood sample to be submitted for DNA analysis. [Such
15sample] DNA samples and the set of fingerprints provided
16for in paragraph (2) shall be delivered to the State
17Police within 48 hours of [drawing] collecting the
19* * *
20(b) Limitation on liability.--Persons authorized to [draw]
21collect DNA samples under this section shall not be criminally
22liable for withdrawing a DNA sample and transmitting test
23results pursuant to this chapter if they perform these
24activities in good faith and shall not be civilly liable for
25such activities when the person acted in a reasonable manner
26according to generally accepted medical and other professional
28* * *
2(1) The State Police shall [prescribe] promulgate, as
3necessary, rules, regulations and guidelines to implement
4this chapter, including procedures to be used in the
5collection, submission, identification, analysis, storage and
6disposition of DNA samples and typing results of DNA samples
7submitted under the former DNA Act, former provisions of 42
8Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
10(2) The DNA sample typing results shall be securely
11stored in the State DNA Data Base, and records of testing
12shall be retained on file with the State Police consistent
13with the procedures established by the FBI Quality Assurance
14Standards for forensic DNA testing laboratories and DNA data
15basing laboratories and CODIS policies and procedures. <-No
16sample typing results from a sample collected pursuant to
17section 2316(c.1) (relating to DNA sample required) shall be
18stored in the State DNA Data Base or submitted to the
19National DNA Index System until the defendant has been held
20for court for a qualifying offense after grand jury
21indictment or waiver or preliminary hearing or waiver.
22(3) These procedures shall also include quality
23assurance guidelines to ensure that DNA identification
24records meet standards for accredited forensic DNA
25laboratories which submit DNA records to the State DNA Data
29(i) Verification of accreditation.
30(ii) Compliance with FBI Quality Assurance
3* * *
4(c) Use of tests.--
5(1) Except as otherwise provided in section 2319(c)
6(relating to DNA data base exchange), the tests to be
7performed on each DNA sample shall be used only for law
8enforcement identification purposes or to assist in the
9recovery or identification of human remains from disasters or
10for other humanitarian identification purposes, including
11identification of missing persons.
16* * *
17Section 4. Title 44 is amended by adding a section to read:
18§ 2318.1. Request for modified DNA search.
19(a) General rule.--
27(b) Modified DNA search.--
30(2) The State Police may conduct a modified DNA search
5(3) In all cases, the State Police shall use procedures
6for conducting a modified DNA search that are consistent with
7the rules, regulations and guidelines promulgated under
8section 2318 (relating to procedures for conduct, disposition
9and use of DNA analysis).
10(c) Release of information from a modified DNA search.--The
11State Police shall provide the requesting criminal justice
12agency with personally identifying information on individuals
13whose DNA records were identified through a modified DNA search.
30(i) The crime scene DNA profile has sufficient size,
1quality and integrity.
12(3) The State Police procedures, promulgated under
13section 2318, to conduct modified DNA searches shall be based
14on scientifically valid and reliable methods to determine
15that a crime scene DNA profile is sufficiently likely to have
16originated from a close relative of an individual whose DNA
17profile is recorded in the State DNA Data Base <-or the
18National DNA Index System. The State Police may require the
24(iii) Y chromosome analysis.
25(iv) Mitochondrial DNA analysis.
26(v) Any other suitable method designed to determine
27that a crime scene DNA profile originated from a close
28relative of an individual in the State DNA Data Base <-or
29the National DNA Index System.
30Section 5. Sections 2319, 2321 and 2322 of Title 44 are
1amended to read:
2§ 2319. DNA data base exchange.
3(a) Receipt of DNA samples by State Police.--It shall be the
4duty of the State Police to receive DNA samples, to store, to
5perform analysis or to contract for DNA typing analysis with [a
6qualified] an accredited forensic DNA laboratory that meets the
7[guidelines] rules, regulations and guidelines under section
82318 (relating to procedures for conduct, disposition and use of
9DNA analysis) as established by the State Police, to classify
10and to file the DNA record of identification characteristic
11profiles of DNA samples submitted under the former DNA Act,
12former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
13testing) or this chapter and to make such information available
14as provided in this section. The State Police may contract [out]
15for the storage of DNA typing analysis [and may contract out] or
16DNA typing analysis to [a qualified] an accredited forensic DNA
17laboratory that meets the rules, regulations and guidelines as
18established by the State Police under section 2318. The results
19of the DNA profile of individuals in the State DNA Data Base
20shall be made available:
27(b) Methods of obtaining information.--The State Police
28shall [adopt] promulgate, as necessary, rules, regulations and
29guidelines governing the methods of obtaining information from
30the State DNA Data Base and CODIS and procedures for
1verification of the identity and authority of the requester.
2(c) Population data base.--
6(2) The State Police may share or disseminate the
7population data base with other criminal justice agencies or
8[crime] CODIS-participating DNA laboratories that serve to
9assist the State Police with statistical data bases.
13(d) Separate category.--The State Police shall create a
14separate category within the data base to store DNA samples and
15records collected upon arrest under section 2316(c.1) (relating
16to DNA sample required).
17§ 2321. Expungement.
18[(a) General rule.--A person whose DNA sample, record or
19profile has been included in the State DNA Data Bank or the
20State DNA Data Base pursuant to the former DNA Act, former 42
21Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
22chapter may request expungement on the grounds that the
23conviction or delinquency adjudication on which the authority
24for including that person's DNA sample, record or profile was
25based has been reversed and the case dismissed or that the DNA
26sample, record or profile was included in the State DNA Data
27Bank or the State DNA Data Base by mistake.
1sample, record and profile from the person upon:
7(a) General rule.--A person whose DNA sample, record or
8profile has been included in the State DNA Data Bank or the
9State DNA Data Base under the former DNA Act, former provisions
10of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
11chapter may have the DNA sample, record or profile expunged in
12accordance with this section.
13(b) Removal by request.--A person whose DNA sample, record
14or profile has been included in the State DNA Data Bank or the
15State DNA Date Base under the former DNA Act, former provisions
16of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
17with the State Police on the grounds that the DNA sample, record
18or profile be removed on the grounds that the DNA sample, record
19or profile was included in the State DNA Data Bank or the State
20DNA Data Base by mistake. If the State Police grants the
21request, the request shall be processed at no cost and the State
22Police shall provide written notice of the removal to the person
23and his attorney of record, if any, within 60 days after
24destroying the DNA sample, record and profile. If the State
25Police erroneously denies the request, the person may <-request
26expungement of the DNA sample, record or profile under
30(1) Except as provided under paragraph (2), a person may
1request the court of common pleas of the county where the
2original charges were filed to <-file a request for expungement
3of the DNA sample, record or profile with the court of common
4pleas of the county where the original charges were filed or
5the arrest for which the DNA sample, record or profile
6originated was made. Upon receipt of a request for
7expungement, the court shall serve notice upon the district
8attorney who shall file and serve objections, if any, within
930 days of service of notice. At a hearing on the request,
10the district attorney shall have the burden of showing by a
11preponderance of the evidence that the sample, record or
12profile should not be removed.
15(1) Except as provided under paragraphs (2) and (3), the
16court of common pleas of the county where the original
17charges were filed or the arrest for which the DNA sample,
18record or profile originated was made may issue an order
19directing the expungement of the DNA sample, record or
20profile pertaining to the person in the State DNA Data Bank
21or the State DNA Data Base in the following instances:
1appeal is pending;
<-12(viii) the DNA sample, record or profile was
13included in the State DNA Data Bank or State DNA Data
14Base by mistake and the State Police has erroneously
15refused to grant the person's request for removal under
17(2) Paragraph (1) <-and subsection (b) shall not apply if
18the person has been arrested, charged, convicted or
19adjudicated delinquent for any other crime for which a DNA
20sample is required to be collected under this chapter.
<-25(3) The court may not order expungement prior to 30 days
26after serving notice to the district attorney. Within the 30-
27day period the district attorney may file objections to the
28expungement. If the district attorney files objections, a
29hearing shall be held at which the burden shall be on the
30district attorney to show, by a preponderance of the
1evidence, that none of the circumstances in paragraph (1) are
2present or, except for a motion filed under subparagraph (1)
3(iii), why the interests of justice will not be served and
4expungement should not be ordered.
5(4) Notwithstanding any other law or rule of court, the
6court shall have no authority to order the expungement of any
7DNA sample, record or profile in the State DNA Data Bank or
8the State DNA Data Base except as provided under this
10(b.2) Expungement reporting.--<-A person whose DNA sample,
11record or profile has been expunged under subsection (b.1) <-The
12court shall forward a certified copy of an expungement order
13issued under subsection <-(b) or (b.1) to the State Police.
14(b.3) Duties of State Police.--The following shall apply:
15(1) Upon receipt of an expungement order issued under
16subsection <-(b) or (b.1), the State Police shall destroy the
17DNA sample, record and profile in the State DNA Data Bank and
18the State DNA Data Base pertaining to a person identified in
19an expungement order.
26(4) The State Police shall publish information regarding
27the eligibility requirements for expungement under this
28section and the steps necessary to obtain an expungement
29under this section on the State Police's publicly available
30Internet website. <-The information shall include a simplified
1form petition and proposed order, approved by the
2Administrative Office of Pennsylvania Courts, which can be
3used by the person to request an expungement from the court
4authorized under subsection (b) or (b.1). The State Police
5shall publish the information in at least two commonly
6accessible formats, such as HyperText Markup Language and
7Portable Document Format.
9(1) An incarcerated or previously incarcerated person
10may not seek expungement of a DNA sample, record or profile
11on the ground that that person was convicted or adjudicated
12delinquent for a felony sex offense prior to July 27, 1995.
13(2) A person may not seek expungement of a DNA sample,
14record or profile on the ground that that person was
15convicted or adjudicated delinquent for one of the other
16specified offenses prior to the effective date of the former
17DNA Act or this chapter.
18(d) Effect of expungement.--The expungement of a DNA sample,
19record or profile pursuant to this section shall have no effect
20on any data bank or data base match or partial match occurring
21prior to the expungement of the sample, record or profile.
22§ 2322. Mandatory cost.
23Unless the court finds that undue hardship would result, a
24mandatory cost of $250, which shall be in addition to any other
25costs imposed pursuant to statutory authority, shall
26automatically be assessed on any person convicted, adjudicated
27delinquent or granted ARD for criminal homicide, a felony sex
28offense or other specified offense, and all proceeds derived
29from this section shall be transmitted to the fund.
30Section 6. This act shall take effect in 60 days.