Regular Session 2015-2016 Senate Bill 0683 P.N. 1556

HOUSE AMENDED

PRIOR PRINTER'S NOS. 672, 1518

PRINTER'S NO. 1556

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

683

Session of

2015

INTRODUCED BY PILEGGI, GREENLEAF, RAFFERTY, BOSCOLA, BROWNE,

COSTA, McGARRIGLE, SCHWANK, VULAKOVICH, VANCE, WARD, YAW AND

YUDICHAK, MARCH 31, 2015

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

FEBRUARY 9, 2016

AN ACT

Amending Title 44 (Law and Justice) of the Pennsylvania

Consolidated Statutes, in DNA data and testing, further

providing for policy, for definitions, for powers and duties

of State Police, for State DNA Data Base, for State DNA Data

Bank, for State Police recommendation of additional offenses,

for procedural compatibility with FBI and for DNA sample

required upon conviction, delinquency adjudication and

certain ARD cases; providing for collection from persons

accepted from other jurisdictions; further providing for

procedures for withdrawal, collection and transmission of DNA

samples, for procedures for conduct, disposition and use of

DNA analysis; providing for request for modified DNA search;

and further providing, for DNA data base exchange, AND for

expungement and for mandatory cost.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,

2315 and 2316 of Title 44 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 2302. Policy.

The General Assembly finds and declares that:

(1) [DNA data banks are] FORENSIC DNA TESTING IS an

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important tool in criminal investigations, in [the exclusion

of] excluding innocent individuals who are the subject of

criminal investigations or prosecutions and in [deterring and

detecting recidivist acts] detecting and deterring repeated

crimes by the same individual .

(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.

(2.1) Several states have authorized the disclosure of

DNA profiles in their state's DNA data base where comparison

of DNA linked to a crime with the known offender DNA profile

in the data base establishes the likelihood of a close

familial relationship between the two.

(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 for,

charged with, convicted of, adjudicated delinquent for or

accepted into ARD for criminal homicides, felony sex offenses

and other specified offenses.

(5) It is in the best interest of the Commonwealth to

authorize the State Police to use DNA analysis and to

identify these individuals to a criminal justice agency in

certain cases.

§ 2303. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

"Accredited forensic DNA laboratory." A forensic DNA

laboratory that has received accreditation by an accrediting

body nationally recognized within the forensic science community

in accordance with the FBI Quality Assurance Standards to

perform forensic DNA testing and is in compliance with FBI

Quality Assurance Standards.

"ARD." Accelerated Rehabilitative Disposition.

"Arrest." The taking or keeping of a person in custody by

legal authority or proceedings commenced by a police complaint

that is proceeded against by summons or by a petition filed

pursuant to 42 Pa.C.S. § 6321(a)(3) (relating to commencement of

proceedings).

"CODIS." The [term is derived from] Combined DNA Index

System[, the Federal Bureau of Investigation's national DNA

identification index system that allows the storage and exchange

of DNA records submitted by state and local forensic DNA

laboratories.] established and maintained by the Federal Bureau

of Investigation.

"Commissioner." The Commissioner of the Pennsylvania State

Police.

"Crime scene DNA profile." A DNA profile derived from a DNA

sample recovered from a victim, crime scene or item linked to a

crime, which may have originated from a perpetrator.

"Criminal homicide." Any of the following:

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

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

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

manslaughter).

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

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

(5) 18 Pa.C.S. § 2505 (relating to causing or aiding

suicide), when the offense is graded as a felony.

(6) 18 Pa.C.S. § 2506 (relating to drug delivery

resulting in death).

(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of

law enforcement officer).

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

unborn child).

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

child).

(10) 18 Pa.C.S. § 2605 (relating to voluntary

manslaughter of unborn child).

"Criminal justice agency." A criminal justice agency as

defined in 18 Pa.C.S. § 9102 (relating to definitions).

"DNA." Deoxyribonucleic acid[. DNA is located in the cells

and provides an individual's personal genetic blueprint. DNA]

located in the chromosomes or mitochondria of a living

organism's cells which [encodes genetic information that is the

basis of human heredity and forensic identification].

"DNA record." A FORENSIC DNA profile and identification

information stored in the State DNA Data Base or the Combined

DNA Index System for the purpose of [generating investigative

leads] IDENTIFICATION or supporting statistical interpretation

of DNA test results. [The term includes nuclear and

mitochondrial typing. The DNA record is the result obtained from

the DNA typing tests. [The DNA record is comprised of the

characteristics of a DNA sample which are of value in

establishing the identity of individuals. The results of all DNA

identification tests on an individual's DNA sample are also

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collectively referred to as the DNA profile of an individual.]

"DNA sample." [A blood or tissue sample provided by any

person with respect to offenses covered by this chapter or

submitted to the Pennsylvania State Police laboratory pursuant

to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009,

No.14), known as the DNA Detection of Sexual and Violent

Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA

data and testing) or to this chapter for analysis or storage, or

both.] A sample of biological material suitable for FORENSIC DNA

analysis TESTING .

"FBI." The Federal Bureau of Investigation.

"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. § 3130 (relating to conduct relating to sex

offenders).

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

18 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(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

the defendant contacted the minor is graded as a felony.

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).]

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Any offense graded as a felony requiring registration

under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

"Forensic DNA laboratory." A laboratory that performs

forensic DNA testing for the purposes of identification.

"Forensic DNA testing." A test that applies techniques from

molecular biology to analyze HUMAN deoxyribonucleic acid (DNA)

to identify characteristics unique to a particular individual.

DATA WHICH MEETS THE REQUIREMENTS FOR INCLUSION IN CODIS AND THE

NATIONAL DNA IDENTIFICATION INDEX SYSTEM ADMINISTERED BY THE

FBI.

"FORENSIC DNA PROFILE." THE DATA SET DERIVED FROM FORENSIC

DNA TESTING.

"Former DNA Act." The former act of May 28, 1995 (1st

Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual

and Violent Offenders Act.

"Fund." The DNA Detection Fund reestablished in section 2335

(relating to DNA Detection Fund).

"Human behavioral genetic research." The study of the

possible genetic underpinnings of behaviors, including, but not

limited to, aggression, substance abuse, social attitudes,

mental abilities, sexual activity and eating habits.

"Law enforcement identification purposes." Assisting in the

determination of the identity of an individual whose DNA is

contained in a biological sample.

"Mitochondrial DNA analysis." A method that applies

techniques from molecular biology to analyze DNA found in the

mitochondria of cells FOR THE PURPOSE OF IDENTIFICATION .

"Modified DNA search." A search of the State DNA Data Base,

using scientifically valid and reliable methods in accordance

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with rules, regulations and guidelines promulgated under section

2318 (relating to procedures for conduct, disposition and use of

DNA analysis), to determine that a crime scene DNA profile is

sufficiently likely to have originated from a close relative of

an individual whose DNA profile is recorded in the State DNA

Data Base.

"Other specified offense." Any of the following:

(1) A felony offense, other than criminal homicide or a

felony sex offense.

(2) [An offense under 18 Pa.C.S. § 2910 (relating to

luring a child into a motor vehicle or structure) or 3126

(relating to indecent assault) or an attempt to commit such

an offense.] (Reserved).

(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H

(relating to registration of sexual offenders)] (Reserved).

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

assault).

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

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

trespass).

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

child).

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

children). AN OFFENSE UNDER 18 PA.C.S. (RELATING TO CRIMES

AND OFFENSES) OR 75 PA.C.S. (RELATING TO VEHICLES) THAT IS

GRADED AS A MISDEMEANOR OF THE FIRST DEGREE.

(9) (5) A misdemeanor offense requiring registration

under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

(6) AN OFFENSE GRADED AS A MISDEMEANOR OF THE SECOND

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DEGREE UNDER ANY OF THE FOLLOWING:

18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT).

18 PA.C.S. § 2903 (RELATING TO FALSE IMPRISONMENT).

18 PA.C.S. § 3127 (RELATING TO INDECENT EXPOSURE).

18 PA.C.S. CH. 39 (RELATING TO THEFT AND RELATED

OFFENSES).

18 PA.C.S. § 4105 (RELATING TO BAD CHECKS).

18 PA.C.S. § 4106 (RELATING TO ACCESS DEVICE FRAUD).

18 PA.C.S. § 4952 (RELATING TO INTIMIDATION OF

WITNESSES OR VICTIMS).

18 PA.C.S. § 4953 (RELATING TO RETALIATION AGAINST

WITNESS, VICTIM OR PARTY).

18 PA.C.S. § 4958 (RELATING TO INTIMIDATION,

RETALIATION OR OBSTRUCTION IN CHILD ABUSE CASES).

18 PA.C.S. § 5121 (RELATING TO ESCAPE).

18 PA.C.S. § 5126 (RELATING TO FLIGHT TO AVOID

APPREHENSION, TRIAL OR PUNISHMENT).

18 PA.C.S. § 5131 (RELATING TO RECRUITING CRIMINAL

GANG MEMBERS.

18 PA.C.S. § 5510 (RELATING TO ABUSE OF CORPSE).

18 PA.C.S. § 5511 (RELATING TO CRUELTY TO ANIMALS).

18 PA.C.S. § 5902 (RELATING TO PROSTITUTION AND

RELATED OFFENSES).

"State Police." The Pennsylvania State Police.

"Y chromosome analysis." A method that applies techniques

from molecular biology to examine DNA found on the Y chromosome.

§ 2311. Powers and duties of State Police.

In addition to any other powers and duties conferred by this

chapter, the State Police shall:

* * *

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

rules, regulations and guidelines to carry out the provisions

of this chapter.

* * *

§ 2312. State DNA Data Base.

[The State DNA Data Base is reestablished. It shall be

administered by the State Police and provide DNA records to the

FBI for storage and maintenance by CODIS.] A Statewide DNA Data

Base is established REESTABLISHED within the State Police to

store DNA records from DNA samples submitted for analysis and

storage FORENSIC DNA PROFILES AND RECORDS DEVELOPED BY OR

SUBMITTED to the State Police laboratory under the former DNA

Act, the former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA

data and testing) or to this chapter, and to provide DNA

CONTRIBUTE FORENSIC DNA PROFILES AND records to CODIS AND TH E

NATIONAL DNA IDENTIFICATION INDEX SYSTEM . The State DNA Data

Base shall have the capability provided by computer software and

procedures administered by the State Police to store and

maintain [DNA records] FORENSIC DNA PROFILES AND RECORDS related

to:

(1) forensic casework;

(2) [convicted] arrestees and convicted or delinquency

adjudicated offenders required to provide a DNA sample under

this chapter; and

(3) anonymous DNA records used for statistical research

[or] on the frequency of DNA genotypes, quality control or

the development of new DNA identification methods.

§ 2313. State DNA Data Bank.

The State DNA Data Bank is reestablished. It shall serve as

the repository of DNA samples collected under this chapter or

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under prior law.

§ 2314. State Police recommendation of additional offenses and

annual report.

(a) Recommendation.--The State Police may recommend to the

General Assembly that it enact legislation for the inclusion of

additional offenses for which DNA samples shall be taken and

otherwise subjected to the provisions of this chapter. In

determining whether to recommend additional offenses, the State

Police shall consider those offenses for which DNA testing will

have a substantial impact on the detection and identification of

sex offenders and [violent] other offenders.

(b) Annual report.--No later than August 1 of each year, the

commissioner shall submit to the Governor's Office, the chairman

and minority chairman of the Judiciary Committee of the Senate

and the chairman and minority chairman of the Judiciary

Committee of the House of Representatives, a written report

containing information regarding the collection and testing of

DNA samples under the provisions of this chapter. The report

must include, but need not be limited to, the following

information pertaining to the previous fiscal year:

(1) The number of DNA samples submitted from individuals

upon arrest.

(2) The age, race and sex of arrestees from whom DNA

samples were submitted upon arrest and the THE age, race and

sex of those convicted from whom DNA samples were submitted

upon conviction.

(3) (2) The fiscal impact on the State Police of

collecting AND TESTING DNA samples from persons convicted of

OR ADJUDICATED DELINQUENT FOR offenses.

(4) The fiscal impact on the State Police of collecting

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DNA samples from arrestees.

(5) The number of DNA samples collected at arrest that

were expunged from the Statewide DNA Data Base.

(6) (3) The average length of time between the receipt

of DNA samples from arrestees and from those convicted of

offenses and the completion of forensic DNA testing of each

of those categories of DNA samples.

(7) (4) Recommendations, if any, under this section for

the inclusion of additional offenses for which DNA samples

must be collected or recommendations for the removal of

specific offenses from the categories requiring the

collection of DNA samples from arrestees or persons convicted

of crimes.

§ 2315. Procedural compatibility with FBI.

The DNA identification system [as] established by the State

Police shall [be compatible] COMPLY with [the procedures

[specified] established by] the FBI Quality Assurance Standards

for forensic DNA testing laboratories and DNA data basing

laboratories and CODIS policies and procedures , including use of

comparable test procedures, laboratory equipment, supplies and

computer software.

§ 2316. DNA sample required [upon conviction, delinquency

adjudication and certain ARD cases].

(a) [General rule] Conviction or adjudication.--A person who

is convicted or adjudicated delinquent for criminal homicide, a

felony sex offense or other specified offense or who is or

remains incarcerated for criminal homicide, a felony sex offense

or other specified offense on or after the effective date of

this chapter shall have a DNA sample [drawn] collected as

follows:

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(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] collected

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]

collected immediately after the sentencing or adjudication.

If a DNA sample is not timely [drawn] collected in accordance

with this section, the DNA sample may be [drawn] collected

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] collected 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.

(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] and fingerprints have been collected.

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

(1) A person who has been convicted or adjudicated

delinquent for criminal homicide, 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] collected.

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(2) This chapter shall apply to incarcerated persons

convicted or adjudicated delinquent for criminal homicide, a

felony sex offense or other specified 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 criminal homicide, a felony sex

offense or other specified offenses prior to the effective

date of this paragraph.

criminal charge for criminal homicide, a felony sex offense or

other specified offense filed after June 18, 2002, [may] shall

be conditioned upon the [giving] collection of a DNA sample.

(c.1) Arrest.--A person who is arrested in this Commonwealth

for criminal homicide, felony sex offenses or other specified

offenses shall have a DNA sample collected as follows:

(1) A person who is arrested for an offense covered

under this subsection shall have a DNA sample collected no

later than five days after the date of the arrest.

(2) If a DNA sample is not timely collected in

accordance with this subsection, the DNA sample may be

collected any time thereafter by a law enforcement official,

prison, jail, juvenile detention facility, detention facility

or institution.

(3) A person who is arrested for an offense covered

under this subsection may not be released unless and until a

DNA sample and fingerprints have been collected.

(4) This subsection shall apply as follows:

(i) Beginning one year after the effective date of

this subsection, any person arrested for criminal

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homicide shall have a DNA sample collected under this

subsection upon arrest.

(ii) Beginning two years after the effective date of

this subsection, any person arrested for a felony sex

offense shall have a DNA sample collected under this

subsection upon arrest.

(iii) Beginning three years after the effective date

of this subsection, any person arrested for any other

specified offense shall have a DNA sample collected under

this subsection upon arrest.

(d) Supervision of DNA samples.--All DNA samples [taken]

COLLECTED pursuant to this section shall be taken in accordance

with rules, regulations and guidelines 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] an

arrest, 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 DNA sample for inclusion in the State DNA

Data Base and the State DNA Data Bank after being notified by

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authorized law enforcement or corrections personnel. The

collection of a DNA sample MAY BE COLLECTED under this chapter

BUT shall not be required if the authorized law enforcement or

corrections official confirms that a DNA sample from the person

has already been validly collected and provided to the State DNA

Data Base and the State DNA Data Bank BANK AND A DNA RECORD FOR

THE PERSON EXISTS IN THE STATE DNA DATA BASE .

(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 2. 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

under the Interstate Compact for Supervision of Adult Offenders,

other reciprocal agreement with a Federal, state or county

agency, or a provision of law, whether or not the person is

confined or released, the acceptance shall be conditioned on the

offender's providing DNA samples under this chapter AND

FINGERPRINTS if the offender has a past or present Federal,

state or military court conviction or adjudication that is

equivalent to criminal homicide, a felony sex offense or other

specified offense as determined by the Pennsylvania Board of

Probation and Parole. Additional DNA samples MAY BE COLLECTED

BUT shall not be required if THE SUPERVISING AGENCY OR PLACE OF

CONFINEMENT CONFIRMS THAT a DNA sample is currently on file with

the State DNA Data BANK AND A DNA RECORD FOR THE PERSON EXISTS

IN THE STATE DNA DATA Base.

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(b) Time period.--

(1) If the person accepted under subsection (a) is not

confined, the DNA sample and fingerprints required under 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

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 within five calendar

days after the person is received at a place of incarceration

or confinement.

Section 3. Sections 2317 heading and (a)(1) and (b) and,

2318(a) and (c), 2319, 2321 AND 2322 of Title 44 are amended to

read:

§ 2317. Procedures for [withdrawal,] collection and

transmission of DNA samples.

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

(1) Each DNA sample required to be [drawn] collected

pursuant to [section] sections 2316 (relating to DNA sample

required [upon conviction, delinquency adjudication and

certain ARD cases]) and 2316.1 (relating to collection from

persons accepted from other jurisdictions) [from persons who

are incarcerated or confined shall be [drawn] collected 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] collected

at a prison, jail unit, juvenile facility or other facility

to be specified by the court. [Only] For DNA blood samples,

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only those individuals qualified to draw DNA blood samples in

a medically approved manner shall draw a DNA blood sample to

be submitted for DNA analysis. [Such sample] DNA samples and

the set of fingerprints provided for in paragraph (2) shall

be delivered to the State Police within 48 hours of [drawing]

collecting the sample.

* * * TO BE SPECIFIED BY THE COURT. ONLY] SHALL BE

COLLECTED AS FOLLOWS:

(I) FROM PERSONS WHO ARE INCARCERATED OR CONFINED,

THE DNA SAMPLE SHALL BE COLLECTED AT THE PLACE OF

INCARCERATION OR CONFINEMENT AS PROVIDED IN SECTION 2316

OR 2346.1.

(II) DNA SAMPLES FROM PERSONS WHO ARE NOT ORDERED TO

BE OR ARE NOT CURRENTLY INCARCERATED OR CONFINED SHALL BE

COLLECTED AS PROVIDED IN SECTIONS 2316 AND 2316.1 OR AT A

PRISON, JAIL UNIT, JUVENILE FACILITY OR OTHER FACILITY

SPECIFIED BY THE COURT OR SUPERVISING AGENCY.

(III) FOR DNA BLOOD SAMPLES, ONLY THOSE INDIVIDUALS

QUALIFIED TO DRAW DNA BLOOD SAMPLES IN A MEDICALLY

APPROVED MANNER SHALL DRAW A DNA BLOOD SAMPLE TO BE

SUBMITTED FOR DNA ANALYSIS. [SUCH SAMPLE]

(IV) DNA SAMPLES AND THE SET OF FINGERPRINTS

PROVIDED FOR IN PARAGRAPH (2) SHALL BE DELIVERED TO THE

STATE POLICE WITHIN 48 HOURS OF [DRAWING] COLLECTING THE

SAMPLE.

(2) IN ADDITION TO THE DNA SAMPLE, A FULL SET OF

FINGERPRINTS SHALL BE TAKEN FROM THE PERSON FROM WHOM THE DNA

SAMPLE IS BEING [DRAWN] COLLECTED FOR THE EXCLUSIVE PURPOSE

OF VERIFYING THE IDENTITY OF SUCH PERSON.

(b) Limitation on liability.--Persons authorized to [draw]

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collect DNA samples under this section shall not be criminally

liable for withdrawing a DNA sample and transmitting test

results pursuant to this chapter if they perform these

activities in good faith and shall not be civilly liable for

such activities when the person acted in a reasonable manner

according to generally accepted medical and other professional

practices.

* * *

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

analysis.

(a) Procedures.--

(1) The State Police shall [prescribe] promulgate, as

necessary, rules, regulations and guidelines to implement

this chapter, including procedures to be used in the

collection, submission, identification, analysis, storage and

disposition of DNA samples and [typing results of] FORENSIC

DNA PROFILES AND RECORDS FROM DNA samples submitted under the

former DNA Act, former provisions of 42 Pa.C.S. Ch. 47

(relating to DNA data and testing) or this chapter.

(2) The [DNA sample typing] results OF FORENSIC DNA

TESTING shall be securely stored in the State DNA Data Base,

and records of testing shall be retained on file with the

State Police consistent with the procedures established by

the FBI[.] Quality Assurance Standards for forensic DNA

testing laboratories and DNA data basing laboratories and

CODIS policies and procedures.

(3) These procedures shall also include quality

assurance guidelines [to ensure that DNA identification

records meet standards for] FOR SAMPLES AND FORENSIC DNA

PROFILES AND RECORDS FROM accredited forensic DNA

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laboratories which submit DNA records to the State DNA Data

Base.

(4) The rules, regulations and guidelines shall address

the following:

(i) Verification of accreditation.

(ii) Compliance with FBI Quality Assurance

Standards, including continuing education requirements

for the personnel of forensics DNA testing laboratories.

* * *

(1) Except as otherwise provided in section 2319(c)

(relating to DNA data base exchange), the tests to be

performed on each DNA sample shall be used only for law

enforcement identification purposes or to assist in the

recovery or identification of human remains from disasters or

for other humanitarian identification purposes, including

identification of missing persons.

(2) A DNA sample or DNA record acquired under this

chapter may not be used for human behavioral genetic research

or for nonlaw enforcement or nonhumanitarian identification

purposes.

* * *

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

§ 2318.1. Request for modified DNA search.

(a) General rule.--

(1) A criminal justice agency may request in writing

that the State Police perform a modified DNA search in an

unsolved case and shall provide information as required by

the State Police.

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

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modified DNA search if the State Police determine that the

request complies with subsection (d)(2).

(b) Modified DNA search.--

(1) The State Police may conduct a modified DNA search

if it grants a request under subsection (a)(2).

(2) The State Police may conduct a modified DNA search

in unsolved cases without the request of a criminal justice

agency if the State Police determine that they would have

granted a request had a request been made by a criminal

justice agency.

(3) In all cases, the State Police shall use procedures

for conducting a modified DNA search that are consistent with

the rules, regulations and guidelines promulgated under

section 2318 (relating to procedures for conduct, disposition

and use of DNA analysis).

State Police shall provide the requesting criminal justice

agency with personally identifying information on individuals

whose DNA records were identified through a modified DNA search.

(d) Requirements.--

(1) The State Police shall require a criminal justice

agency to provide assurances and information in support of

its request for a modified DNA search, including:

(i) A representation INFORMATION DEMONSTRATING that

a modified DNA search is necessary for COULD MATERIALLY

ASSIST law enforcement identification purposes TO

IDENTIFY THE PERPETRATOR in an unsolved case FELONY CRIME

OF VIOLENCE AS DEFINED IN 42 PA.C.S. § 9714(G) (RELATING

TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES) .

(ii) A representation that all other REASONABLE

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investigative leads have been pursued.

(iii) A commitment to further investigate the case

if personal identifying information from a modified DNA

search is provided.

(iv) Any other information the State Police deem

necessary.

(2) The State Police may grant a modified DNA search

request if the State Police determine that:

(i) The crime scene DNA profile has SAMPLE IS OF

sufficient size, quality and integrity TO PERMIT

ADDITIONAL FORENSIC DNA TESTING IF NECESSARY .

(ii) The crime scene FORENSIC DNA profile has

previously been subjected to a routine DNA search against

the State DNA Data Base AND THE NATIONAL DNA

IDENTIFICATION INDEX SYSTEM IN CODIS AND DOES NOT HAVE A

MATCH TO AN IDENTIFIABLE INDIVIDUAL .

(iii) The modified DNA search is necessary for COULD

MATERIALLY ASSIST law enforcement identification purposes

TO IDENTIFY THE PERPETRATOR in an A QUALIFYING unsolved

case.

(iv) The criminal justice agency has pursued all

other REASONABLE investigative leads.

(v) Any relevant consideration , including factors or

requirements considered by any other jurisdiction ,

supports granting the request.

(3) The State Police GUIDELINES AND procedures,

promulgated under section 2318, to conduct modified DNA

searches shall be based on scientifically valid and reliable

methods to determine that a crime scene DNA profile is

sufficiently likely to have originated from a close relative

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of an individual whose DNA profile is recorded in the State

DNA Data Base. The State Police GUIDELINES OR PROCEDURES may

require the following:

(i) An analysis of the rarity in the relevant

population of each shared DNA characteristic ALLELE .

(ii) An analysis of the pattern of shared DNA

characteristics ALLELE .

(iii) Y chromosome analysis.

(iv) Mitochondrial DNA analysis.

(v) Any other suitable method REQUIREMENTS designed

to determine that a crime scene DNA profile originated

from a close relative of an individual in the State DNA

Data Base.

(E) VALIDITY.--A PERSON MAY NOT CHALLENGE THE VALIDITY OF A

CONVICTION, ARREST, SEARCH OR OTHER INVESTIGATIVE MEASURES TAKEN

IN THE INVESTIGATION OF THE CRIME FOR WHICH THE PERSON WAS

ARRESTED, CHARGED OR CONVICTED, ON THE ASSERTION THAT A MODIFIED

DNA SEARCH DID NOT MEET THE REQUIREMENTS OF THIS SECTION OR WAS

IMPROPERLY CONDUCTED.

Section 5. Sections 2319, AND 2321 and 2322 of Title 44 are

amended to read:

§ 2319. DNA data base exchange.

(a) Receipt of DNA samples by State Police.--It shall be the

duty of the State Police to receive DNA samples, to store, to

perform analysis or to contract for DNA typing analysis with [a

qualified] an accredited forensic DNA laboratory that meets the

[guidelines] rules, regulations and guidelines under section

2318 (relating to procedures for conduct, disposition and use of

DNA analysis) as established by the State Police, to classify

and to file the DNA record of identification characteristic

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profiles of DNA samples submitted under the former DNA Act,

(A) RECEIPT OF DNA SAMPLES BY STATE POLICE.--IT SHALL BE THE

DUTY OF THE STATE POLICE TO [RECEIVE]:

(1) RECEIVE AND STORE DNA SAMPLES, [TO STORE,] TO

PERFORM [ANALYSIS] FORENSIC DNA TESTING OR TO CONTRACT FOR

[DNA TYPING ANALYSIS] TESTING WITH [A QUALIFIED] AN

ACCREDITED FORENSIC DNA LABORATORY THAT MEETS THE

[GUIDELINES] RULES, REGULATIONS AND GUIDELINES UNDER SECTION

2318 (RELATING TO PROCEDURES FOR CONDUCT, DISPOSITION AND USE

OF DNA ANALYSIS) AS ESTABLISHED BY THE STATE POLICE[, TO

CLASSIFY AND TO FILE THE DNA RECORD OF IDENTIFICATION

CHARACTERISTIC PROFILES OF].

(2) STORE FORENSIC DNA RECORDS FROM DNA SAMPLES

SUBMITTED UNDER THE FORMER DNA ACT, former provisions of 42

Pa.C.S. Ch. 47 (relating to DNA data and testing) or this

chapter and to make such information available as provided in

this section. The State Police may contract [out] for the

storage of DNA typing analysis [and may contract out] or DNA

typing analysis to [a qualified] an accredited forensic DNA

laboratory that meets the rules, regulations and guidelines

as established by the State Police under section 2318. The

results of the DNA profile of individuals in the State DNA

Data Base shall be made available: PROVIDED IN THIS SECTION.

(A.1) CONTRACTS.--THE STATE POLICE MAY CONTRACT [OUT]

FOR [THE STORAGE OF DNA TYPING ANALYSIS AND MAY CONTRACT OUT]

DNA [TYPING ANALYSIS] TESTING TO [A QUALIFIED] AN ACCREDITED

FORENSIC DNA LABORATORY THAT MEETS THE RULES, REGULATIONS AND

GUIDELINES AS ESTABLISHED BY THE STATE POLICE UNDER SECTION

2318. [THE RESULTS OF THE DNA PROFILE OF INDIVIDUALS] DNA

RECORDS IN THE STATE DNA DATA BASE SHALL BE MADE AVAILABLE:

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(1) to criminal justice agencies or [approved crime]

CODIS-participating DNA laboratories which serve these

agencies; or

(2) upon written or electronic request and in

furtherance of an official investigation of a criminal

offense or offender or suspected offender.

(b) Methods of obtaining information.--The State Police

shall [adopt] promulgate, as necessary, rules, regulations and

guidelines governing the methods of obtaining information from

the State DNA Data Base and CODIS and procedures for

verification of the identity and authority of the requester.

(1) The State Police may establish a separate population

data base comprised of FORENSIC DNA [samples] PROFILES

obtained under this chapter after all personal identification

is removed.

(2) The State Police may share or disseminate the

population data base with other criminal justice agencies or

[crime] CODIS-participating DNA laboratories that serve to

assist the State Police with statistical data bases.

(3) The population data base may be made available to

and searched by other agencies participating in the CODIS

system.

(d) Separate category.--The State Police shall create a

separate category within the data base to store DNA samples and

records collected upon arrest under section 2316(c.1) (relating

to DNA sample required).

§ 2321. Expungement.

[(a) General rule.--A person whose DNA sample, record or

profile has been included in the State DNA Data Bank or the

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State DNA 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.

(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.]

(a) General rule.--A person whose DNA sample, record or

profile has been included in the State DNA Data Bank or the

State DNA Data Base under the former DNA Act, former provisions

of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this

chapter may have the DNA sample, record or profile expunged in

accordance with this section.

(b) Removal by request.--A person whose DNA sample, record

or profile has been included in the State DNA Data Bank or the

State DNA Date Base under the former DNA Act, former provisions

of 42 Pa.C.S. Ch. 47 or this chapter may file a written request

with the State Police on the grounds that the DNA sample, record

or profile be removed on the grounds that the DNA sample, record

or profile was included in the State DNA Data Bank or the State

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DNA Data Base by mistake. If the State Police grants the

request, the request shall be processed at no cost and the State

Police shall provide written notice of the removal to the person

and his attorney of record, if any, within 60 days after

destroying the DNA sample, record and profile. If the State

Police erroneously denies the request, the person may request

expungement of the DNA sample, record or profile under

subsection (b.1) .

(b.1) Expungement by court order.--The following shall

apply:

(1) Except as provided under paragraph (2), a person may

request the court of common pleas of the county where the

original charges were filed to issue an order directing the

expungement of the DNA sample, record or profile pertaining

to the person in the State DNA Data Bank or the State DNA

Data Base in the following instances:

(i) the conviction or delinquency adjudication for

which the person's DNA sample was collected has been

reversed and no appeal is pending;

(ii) the charge for which the DNA sample was taken

has been dismissed, no appeal is pending and the

prosecuting authority is barred from seeking a retrial;

(iii) there has been a judgment of acquittal on the

charge for which the DNA sample was taken;

(iv) the person from whom the DNA sample was taken

was not charged with a crime for which a DNA sample is

authorized to be taken under this chapter;

(v) the prosecuting authority has expressly declined

to prosecute the charge for which the DNA sample was

taken;

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(vi) the charge for which the DNA sample was taken

was not filed within the statute of limitations;

(vii) (II) the person was granted an unconditional

pardon for the crime for which the DNA sample was taken;

(viii) (III) the DNA sample, record or profile was

included in the State DNA Data Bank or State DNA Data

Base by mistake and the State Police has erroneously

refused to grant the person's request for removal under

subsection (b).

(2) Paragraph (1) shall not apply if the person has been

arrested, charged, convicted or adjudicated delinquent for

any other crime for which a DNA sample is required to be

collected under this chapter.

(3) The court shall give 10 days' prior notice to the

district attorney of the county where the original charges

were filed of any application for expungement under this

subsection .

(4) Notwithstanding any other law or rule of court, the

court shall have no authority to order the expungement of any

DNA sample, record or profile in the State DNA Data Bank or

the State DNA Data Base except as provided under this

subsection.

(b.2) Expungement reporting.-- A person whose DNA sample,

record or profile has been expunged under subsection (b.1) THE

COURT shall forward a certified copy of an expungement order

issued under subsection (b.1) to the State Police.

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

(1) Upon receipt of an expungement order issued under

subsection (b.1) , the State Police shall destroy the DNA

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sample, record and profile in the State DNA Data Bank and the

State DNA Data Base pertaining to a person identified in an

expungement order.

(2) The expungement shall be processed at no cost to the

person from whom the DNA sample was taken.

(3) The State Police shall provide written notice of the

expungement to the person and his attorney of record, if any,

within 60 days after destroying the DNA sample, record and

profile.

(4) The State Police shall publish information regarding

the eligibility requirements for expungement under this

section and the steps necessary to obtain an expungement

under this section on the State Police's publicly available

Internet website. The State Police shall publish the

information in at least two commonly accessible formats, such

as HyperText Markup Language and Portable Document Format.

(1) An incarcerated or previously incarcerated person

may not seek expungement of a DNA sample, record or profile

on the ground that that person was convicted or adjudicated

delinquent for a felony sex offense prior to July 27, 1995.

(2) A person may not seek expungement of a DNA sample,

record or profile on the ground that that person was

convicted or adjudicated delinquent for one of the other

specified offenses prior to the effective date of the former

DNA Act or this chapter.

(d) Effect of expungement.--The expungement of a DNA sample,

record or profile pursuant to this section shall have no effect

on any data bank or data base match or partial match occurring

prior to the expungement of the sample, record or profile.

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§ 2322. Mandatory cost.

Unless the court finds that undue hardship would result, a

mandatory cost of $250, which shall be in addition to any other

costs imposed pursuant to statutory authority, shall

automatically be assessed on any person convicted, adjudicated

delinquent or granted ARD for criminal homicide, a felony sex

offense or other specified offense, and all proceeds derived

from this section shall be transmitted to the fund.

Section 6 4. This act shall take effect in 60 180 days.

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