PRINTER'S NO. 397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
450
Session of
2015
INTRODUCED BY BOSCOLA, BROWNE, BREWSTER AND VULAKOVICH,
FEBRUARY 12, 2015
REFERRED TO JUDICIARY, FEBRUARY 12, 2015
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for policy, for definitions and for DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases, providing for collection from persons
accepted from other jurisdictions, and further providing for
procedures for withdrawal, collection and transmission of DNA
samples and for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302 of Title 44 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
(1) DNA data banks are an important tool in criminal
investigations, in the exclusion of individuals who are the
subject of criminal investigations or prosecutions and in
deterring and detecting recidivist acts.
(2) Several states have enacted laws requiring persons
arrested, charged or convicted of certain crimes, especially
sex offenses, to provide genetic samples for DNA profiling.
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(3) Moreover, it is the policy of the Commonwealth to
assist Federal, State and local criminal justice and law
enforcement agencies in the identification and detection of
individuals in criminal investigations.
(4) It is therefore in the best interest of the
Commonwealth to establish a DNA data base and a DNA data bank
containing DNA samples submitted by individuals arrested,
charged, convicted of, adjudicated delinquent for or accepted
into ARD for felony [sex] offenses and other specified
offenses.
Section 2. The definition of "felony sex offense" in section
2303 of Title 44 is amended to read:
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
["Felony sex offense." A felony offense or an attempt,
conspiracy or solicitation to commit a felony offense under any
of the following:
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 4302 (relating to incest).
18 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to
prostitution and related offenses).
18 Pa.C.S. § 5903(a) (relating to obscene and other
sexual materials and performances) where the offense
constitutes a felony.
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor) where the most serious underlying offense for which
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the defendant contacted the minor is graded as a felony.
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).]
* * *
Section 3. Section 2316 of Title 44 is amended to read:
§ 2316. DNA sample required upon arrest, conviction,
delinquency adjudication and certain ARD cases.
(a) [General rule] Conviction or adjudication.--A person who
is convicted or adjudicated delinquent for a felony [sex]
offense or other specified offense or who is or remains
incarcerated for a felony [sex] offense or other specified
offense on or after the effective date of this chapter shall
have a DNA sample drawn as follows:
(1) A person who is sentenced or receives a delinquency
disposition to a term of confinement for an offense covered
by this subsection shall have a DNA sample drawn upon intake
to a prison, jail or juvenile detention facility or any other
detention facility or institution. If the person is already
confined at the time of sentencing or adjudication, the
person shall have a DNA sample drawn immediately after the
sentencing or adjudication. If a DNA sample is not timely
drawn in accordance with this section, the DNA sample may be
drawn any time thereafter by the prison, jail, juvenile
detention facility, detention facility or institution.
(2) A person who is convicted or adjudicated delinquent
for an offense covered by this subsection shall have a DNA
sample drawn as a condition for any sentence or adjudication
which disposition will not involve an intake into a prison,
jail, juvenile detention facility or any other detention
facility or institution.
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(3) Under no circumstances shall a person who is
convicted or adjudicated delinquent for an offense covered by
this subsection be released in any manner after such
disposition unless and until a DNA sample has been withdrawn.
(b) Condition of release, probation or parole.--
(1) A person who has been convicted or adjudicated
delinquent for a felony [sex] offense or other specified
offense and who serves a term of confinement in connection
therewith after June 18, 2002, shall not be released in any
manner unless and until a DNA sample has been withdrawn.
(2) This chapter shall apply to incarcerated persons
convicted or adjudicated delinquent for a felony [sex]
offense prior to June 19, 2002.
(3) This chapter shall apply to incarcerated persons and
persons on probation or parole who were convicted or
adjudicated delinquent for other specified offenses prior to
the effective date of this paragraph[.] whether or not the
offense for which the person is currently imprisoned or under
probation or parole supervision is a felony offense or other
specified offense.
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for a felony [sex] offense or other specified
offense filed after June 18, 2002, may be conditioned upon the
giving of a DNA sample.
(c.1) Criminal charge or arrest.--A person who is charged or
arrested as an adult for a felony offense or other specified
offense shall have a DNA sample drawn as follows:
(1) An adult person arrested for a felony offense or
other specified felony shall provide a DNA sample and
fingerprints as required under this chapter immediately
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following arrest, during booking or intake or as soon as
administratively practical after arrest, but no later than
prior to release on bail or pending trial or any other
physical release from confinement or custody.
(2) If for any reason a person subject to this chapter
did not have DNA samples and fingerprints taken under
paragraph (1) or otherwise bypasses the State or county
prison system, the court shall order the person to report
within five calendar days to prison, jail unit, juvenile
facility or other facility to be specified by the court to
provide DNA samples and fingerprints in accordance with this
chapter.
(d) Supervision of DNA samples.--All DNA samples taken
pursuant to this section shall be taken in accordance with
regulations promulgated by the State Police in consultation with
the Department of Corrections.
(d.1) Mandatory submission.--The requirements of this
chapter are mandatory and apply regardless of whether a court
advises a person that a DNA sample must be provided to the State
DNA Data Base and the State DNA Data Bank as a result of a
conviction or adjudication of delinquency. A person who has been
sentenced to death or life imprisonment without the possibility
of parole or to any term of incarceration is not exempt from the
requirements of this chapter. Any person subject to this chapter
who has not provided a DNA sample for any reason, including
because of an oversight or error, shall provide a DNA sample for
inclusion in the State DNA Data Base and the State DNA Data Bank
after being notified by authorized law enforcement or
corrections personnel. If a person provides a DNA sample which
is not adequate for any reason, the person shall provide another
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DNA sample for inclusion in the State DNA Data Base and the
State DNA Data Bank after being notified by authorized law
enforcement or corrections personnel.
(e) Definition.--As used in this section, the term
"released" means any release, parole, furlough, work release,
prerelease or release in any other manner from a prison, jail,
juvenile detention facility or any other place of confinement.
Section 4. Title 44 is amended by adding a section to read:
§ 2316.1. Collection from persons accepted from other
jurisdictions.
(a) Conditional acceptance.--When a person is accepted into
this Commonwealth for supervision from another jurisdiction
through the Interstate Compact for Supervision of Adult
Offenders or under any other reciprocal agreement with any
Federal, state or county agency, or any other provision of law,
whether or not the person is confined or released, the
acceptance shall be conditioned on the offender providing DNA
samples under this chapter if the offender has a record of any
past or present conviction or adjudication that is substantially
similar to a felony offense or other specified offense from any
Federal, state or military court. Additional DNA samples shall
not be required if a DNA sample is currently on file with CODIS
or the DNA record.
(b) Time period.--
(1) If the person accepted under subsection (a) is not
confined, the DNA sample and fingerprints required by this
chapter shall be provided within five calendar days after the
person reports to the supervising agent or within five
calendar days of notice to the person, whichever occurs
first. The person shall appear and the DNA samples shall be
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collected in accordance with the provisions of this chapter.
(2) If the person accepted under subsection (a) is
confined, the person shall provide the DNA sample and
fingerprints required by this chapter as soon as practical
after receipt in a facility in this Commonwealth.
Section 5. Sections 2317(a)(1) and 2321(a) and (b) of Title
44 are amended to read:
§ 2317. Procedures for withdrawal, collection and transmission
of DNA samples.
(a) Drawing of DNA samples.--
(1) Each DNA sample required to be drawn pursuant to
[section] sections 2316 (relating to DNA sample required upon
arrest, conviction, delinquency adjudication and certain ARD
cases) and 2326.1 (relating to collection from persons
accepted from other jurisdictions), from persons who are
incarcerated or confined shall be drawn at the place of
incarceration or confinement as provided for in section 2316.
DNA samples from persons who are not ordered or sentenced to
a term of confinement shall be drawn at a prison, jail unit,
juvenile facility or other facility to be specified by the
court. Only those individuals qualified to draw DNA samples
in a medically approved manner shall draw a DNA sample to be
submitted for DNA analysis. Such sample and the set of
fingerprints provided for in paragraph (2) shall be delivered
to the State Police within 48 hours of drawing the sample.
* * *
§ 2321. Expungement.
(a) General rule.--
(1) A person whose DNA sample, record or profile has
been included in the State DNA Data Bank or the State DNA
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Data Base pursuant to the former DNA Act, former 42 Pa.C.S.
Ch. 47 (relating to DNA data and testing) or this chapter may
request expungement [on the grounds that the conviction or
delinquency adjudication on which the authority for including
that person's DNA sample, record or profile was based has
been reversed and the case dismissed or that the DNA sample,
record or profile was included in the State DNA Data Bank or
the State DNA Data Base by mistake.] if the person files the
request in writing with the State Police and any of the
following apply:
(i) The State Police receive, for each conviction of
the person of an offense the basis of which that analysis
was or could have been included in the State DNA Data
Bank or the State DNA Data Base, a certified copy of a
final court order establishing that the conviction has
been overturned.
(ii) The person has not been convicted of an offense
the basis of which that analysis was or could have been
included in the State DNA Data Bank or the State DNA Data
Base and the State Police receive, for each charge
against the person the basis of which the analysis was or
could have been included in the State DNA Data Bank or
the State DNA Data Base, a certified copy of a final
court order establishing that the charge has been
dismissed or has resulted in an acquittal or that no
charge was filed within the applicable time period.
(iii) The State Police receive clear and convincing
proof that the DNA sample, record or profile was included
in the State DNA Data Bank or the State DNA Data Base by
mistake.
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(2) For purposes of this section, a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
(b) Duty of State Police.--The State Police shall purge all
records and identifiable information in the State DNA Data Bank
or State DNA Data Base pertaining to the person and destroy each
sample, record and profile from the person upon[:
(1) receipt of a written request for expungement
pursuant to this section and a certified copy of the final
court order reversing and dismissing the conviction; or
(2) clear and convincing proof that the sample record or
profile was included by mistake.] receipt of the applicable
documents and other materials required under subsection (a).
* * *
Section 6. This act shall take effect in 60 days.
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