1Amending Title 44 (Law and Justice) of the Pennsylvania
2Consolidated Statutes, further providing for policy, for the
3definition of "felony sex offense" and for DNA sample;
4providing for collection from persons accepted from other
5jurisdictions; and further providing for procedures for
6withdrawal, collection and transmission of DNA samples and
7for expungement.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 2302 of Title 44 of the Pennsylvania
11Consolidated Statutes is amended to read:

12§ 2302. Policy.

13The General Assembly finds and declares that:

14(1) DNA data banks are an important tool in criminal
15investigations, in the exclusion of individuals who are the
16subject of criminal investigations or prosecutions and in
17deterring and detecting recidivist acts.

18(2) Several states have enacted laws requiring persons
19arrested, charged or convicted of certain crimes, especially
20sex offenses, to provide genetic samples for DNA profiling.

1(3) Moreover, it is the policy of the Commonwealth to
2assist Federal, State and local criminal justice and law
3enforcement agencies in the identification and detection of
4individuals in criminal investigations.

5(4) It is therefore in the best interest of the
6Commonwealth to establish a DNA data base and a DNA data bank
7containing DNA samples submitted by individuals arrested, 
8charged, convicted of, adjudicated delinquent for or accepted
9into ARD for felony [sex] offenses and other specified
10offenses.

11Section 2. The definition of "felony sex offense" in section
122303 of Title 44 is amended to read:

13§ 2303. Definitions.

14The following words and phrases when used in this chapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18["Felony sex offense." A felony offense or an attempt,
19conspiracy or solicitation to commit a felony offense under any
20of the following:

2118 Pa.C.S. Ch. 31 (relating to sexual offenses).

2218 Pa.C.S. § 4302 (relating to incest).

2318 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to
24prostitution and related offenses).

2518 Pa.C.S. § 5903(a) (relating to obscene and other
26sexual materials and performances) where the offense
27constitutes a felony.

2818 Pa.C.S. § 6312 (relating to sexual abuse of children).

2918 Pa.C.S. § 6318 (relating to unlawful contact with
30minor) where the most serious underlying offense for which

1the defendant contacted the minor is graded as a felony.

218 Pa.C.S. § 6320 (relating to sexual exploitation of
3children).]

4* * *

5Section 3. Section 2316 of Title 44 is amended to read:

6§ 2316. DNA sample required upon arrest, conviction,
7delinquency adjudication and certain ARD cases.

8(a) [General rule] Conviction or adjudication.--A person who
9is convicted or adjudicated delinquent for a felony [sex]
10offense or other specified offense or who is or remains
11incarcerated for a felony [sex] offense or other specified
12offense on or after the effective date of this chapter shall
13have a DNA sample drawn as follows:

14(1) A person who is sentenced or receives a delinquency
15disposition to a term of confinement for an offense covered
16by this subsection shall have a DNA sample drawn upon intake
17to a prison, jail or juvenile detention facility or any other
18detention facility or institution. If the person is already
19confined at the time of sentencing or adjudication, the
20person shall have a DNA sample drawn immediately after the
21sentencing or adjudication. If a DNA sample is not timely
22drawn in accordance with this section, the DNA sample may be
23drawn any time thereafter by the prison, jail, juvenile
24detention facility, detention facility or institution.

25(2) A person who is convicted or adjudicated delinquent
26for an offense covered by this subsection shall have a DNA
27sample drawn as a condition for any sentence or adjudication
28which disposition will not involve an intake into a prison,
29jail, juvenile detention facility or any other detention
30facility or institution.

1(3) Under no circumstances shall a person who is
2convicted or adjudicated delinquent for an offense covered by
3this subsection be released in any manner after such
4disposition unless and until a DNA sample has been withdrawn.

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

6(1) A person who has been convicted or adjudicated
7delinquent for a felony [sex] offense or other specified
8offense and who serves a term of confinement in connection
9therewith after June 18, 2002, shall not be released in any
10manner unless and until a DNA sample has been withdrawn.

11(2) This chapter shall apply to incarcerated persons
12convicted or adjudicated delinquent for a felony [sex]
13offense prior to June 19, 2002.

14(3) This chapter shall apply to incarcerated persons and
15persons on probation or parole who were convicted or
16adjudicated delinquent for other specified offenses prior to
17the effective date of this paragraph[.] whether or not the 
18offense for which the person is currently imprisoned or under 
19probation or parole supervision is a felony offense or other 
20specified offense.

21(c) Certain ARD cases.--Acceptance into ARD as a result of a
22criminal charge for a felony [sex] offense or other specified
23offense filed after June 18, 2002, may be conditioned upon the
24giving of a DNA sample.

25(c.1) Criminal charge or arrest.--A person who is charged or
26arrested as an adult for a felony offense or other specified
27offense shall have a DNA sample drawn as follows:

28(1) An adult person arrested for a felony offense or
29other specified felony shall provide a DNA sample and
30fingerprints as required under this chapter immediately

1following arrest, during booking or intake or as soon as
2administratively practical after arrest but no later than
3prior to release on bail or pending trial or any other
4physical release from confinement or custody.

5(2) If for any reason a person subject to this chapter
6did not have DNA samples and fingerprints taken under
7paragraph (1) or otherwise bypasses the State or county
8prison system, the court shall order the person to report
9within five calendar days to prison, jail unit, juvenile
10facility or other facility to be specified by the court to
11provide DNA samples and fingerprints in accordance with this
12chapter.

13(d) Supervision of DNA samples.--All DNA samples taken
14pursuant to this section shall be taken in accordance with
15regulations promulgated by the State Police in consultation with
16the 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
21conviction or adjudication of delinquency. A person who has been
22sentenced to death or life imprisonment without the possibility
23of parole or to any term of incarceration is not exempt from the
24requirements of this chapter. Any person subject to this chapter
25who has not provided a DNA sample for any reason, including
26because of an oversight or error, shall provide a DNA sample for
27inclusion in the State DNA Data Base and the State DNA Data Bank
28after being notified by authorized law enforcement or
29corrections personnel. If a person provides a DNA sample which
30is not adequate for any reason, the person shall provide another

1DNA sample for inclusion in the State DNA Data Base and the
2State DNA Data Bank after being notified by authorized law
3enforcement or corrections personnel.

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

8Section 4. Title 44 is amended by adding a section to read:

9§ 2316.1. Collection from persons accepted from other
10jurisdictions.

11(a) Conditional acceptance.--When a person is accepted into
12this Commonwealth for supervision from another jurisdiction
13through the Interstate Compact for Supervision of Adult
14Offenders or under any other reciprocal agreement with any
15Federal, state or county agency, or any other provision of law,
16whether or not the person is confined or released, the
17acceptance shall be conditioned on the offender providing DNA
18samples under this chapter if the offender has a record of any
19past or present conviction or adjudication that is substantially
20similar to a felony offense or other specified offense from any
21Federal, state or military court. Additional DNA samples shall
22not be required if a DNA sample is currently on file with CODIS
23or the DNA record.

24(b) Time period.--

25(1) If the person accepted under subsection (a) is not
26confined, the DNA sample and fingerprints required by this
27chapter shall be provided within five calendar days after the
28person reports to the supervising agent or within five
29calendar days of notice to the person, whichever occurs
30first. The person shall appear and the DNA samples shall be

1collected in accordance with the provisions of this chapter.

2(2) If the person accepted under subsection (a) is
3confined, the person shall provide the DNA sample and
4fingerprints required by this chapter as soon as practical
5after receipt in a facility in this Commonwealth.

6Section 5. Sections 2317(a)(1) and 2321(a) and (b) of Title
744 are amended to read:

8§ 2317. Procedures for withdrawal, collection and transmission
9of DNA samples.

10(a) Drawing of DNA samples.--

11(1) Each DNA sample required to be drawn pursuant to
12[section] sections 2316 (relating to DNA sample required upon
13arrest, conviction, delinquency adjudication and certain ARD
14cases) and 2326.1 (relating to collection from persons 
15accepted from other jurisdictions), from persons who are
16incarcerated or confined shall be drawn at the place of
17incarceration or confinement as provided for in section 2316.
18DNA samples from persons who are not ordered or sentenced to
19a term of confinement shall be drawn at a prison, jail unit,
20juvenile facility or other facility to be specified by the
21court. Only those individuals qualified to draw DNA samples
22in a medically approved manner shall draw a DNA sample to be
23submitted for DNA analysis. Such sample and the set of
24fingerprints provided for in paragraph (2) shall be delivered
25to the State Police within 48 hours of drawing the sample.

26* * *

27§ 2321. Expungement.

28(a) General rule.--

29(1) A person whose DNA sample, record or profile has
30been included in the State DNA Data Bank or the State DNA

1Data Base pursuant to the former DNA Act, former 42 Pa.C.S.
2Ch. 47 (relating to DNA data and testing) or this chapter may
3request expungement [on the grounds that the conviction or
4delinquency adjudication on which the authority for including
5that person's DNA sample, record or profile was based has
6been reversed and the case dismissed or that the DNA sample,
7record or profile was included in the State DNA Data Bank or
8the State DNA Data Base by mistake.] if the person files the 
9request in writing with the State Police and any of the 
10following apply:

11(i) The State Police receive, for each conviction of
12the person of an offense the basis of which that analysis
13was or could have been included in the State DNA Data
14Bank or the State DNA Data Base, a certified copy of a
15final court order establishing that the conviction has
16been overturned.

17(ii) The person has not been convicted of an offense
18the basis of which that analysis was or could have been
19included in the State DNA Data Bank or the State DNA Data
20Base and the State Police receive, for each charge
21against the person the basis of which the analysis was or
22could have been included in the State DNA Data Bank or
23the State DNA Data Base, a certified copy of a final
24court order establishing that the charge has been
25dismissed or has resulted in an acquittal or that no
26charge was filed within the applicable time period.

27(iii) The State Police receive clear and convincing
28proof that the DNA sample, record or profile was included
29in the State DNA Data Bank or the State DNA Data Base by
30mistake.

1(2) For purposes of this section, a court order is not
2"final" if time remains for an appeal or application for
3discretionary review with respect to the order.

4(b) Duty of State Police.--The State Police shall purge all
5records and identifiable information in the State DNA Data Bank
6or State DNA Data Base pertaining to the person and destroy each
7sample, record and profile from the person upon[:

8(1) receipt of a written request for expungement
9pursuant to this section and a certified copy of the final
10court order reversing and dismissing the conviction; or

11(2) clear and convincing proof that the sample record or
12profile was included by mistake.] receipt of the applicable 
13documents and other materials required under subsection (a).

14* * *

15Section 6. This act shall take effect in 60 days.