PRINTER'S NO. 814
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
841
Session of
2023
INTRODUCED BY HOWARD, SANCHEZ, MADDEN, KHAN AND KRAJEWSKI,
APRIL 4, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 4, 2023
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 DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases, for collection from persons accepted from
other jurisdictions, for expungement and for mandatory cost.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302(4) of Title 44 of the Pennsylvania
Consolidated Statutes, amended February 3, 2022 (P.L.16, No.4),
is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
* * *
(4) It is in the best interest of the Commonwealth to
establish a DNA data base and a DNA data bank containing DNA
samples submitted by individuals convicted of, adjudicated
delinquent for or accepted into ARD for felony sex offenses
and other specified offenses of adults and of juveniles and
containing DNA samples collected as part of an investigation
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into missing persons or unidentified decedents.
* * *
Section 2. The definition of "other specified offense" in
section 2303 of Title 44 is amended and the section is amended
by adding a definition 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:
* * *
"Other specified offense of an adult." Any of the following:
(1) A felony offense, other than a felony sex offense.
(2) (Reserved).
(3) (Reserved).
(4) 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.
(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
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
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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. Ch. 55 Subch. B (relating to cruelty to
animals).
18 Pa.C.S. § 5902 (relating to prostitution and
related offenses).
"Other specified offense of a juvenile." An offense under
any of the following for which a juvenile has been tried as an
adult or adjudicated delinquent:
(1) 18 Pa.C.S. § 2502 (relating to murder).
(2) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(3) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
(4) 18 Pa.C.S. § 2702 (relating to aggravated assault).
(5) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(6) 18 Pa.C.S. § 2707.1 (relating to discharge of a
firearm into an occupied structure).
(7) 18 Pa.C.S. § 2716 (relating to weapons of mass
destruction).
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(8) 18 Pa.C.S. § 2717 (relating to terrorism).
(9) 18 Pa.C.S. § 2718 (relating to strangulation).
* * *
Section 3. Sections 2316(a) introductory paragraph, (b) and
(c) and 2316.1(a) of Title 44 are amended to read:
§ 2316. DNA sample required upon conviction, delinquency
adjudication and certain ARD cases.
(a) General rule.--A person who is convicted or adjudicated
delinquent for a felony sex offense [or], other specified
offense of an adult or other specified offense of a juvenile or
who is or remains incarcerated for a felony sex offense [or],
other specified offense of an adult or other specified offense
of a juvenile on or after the effective date of this chapter
shall have a DNA sample collected as follows:
* * *
(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 of an adult 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
collected.
(2) This chapter shall apply to incarcerated persons
convicted or adjudicated delinquent for a felony sex offense
or other specified offense of an adult prior to June 19,
2002.
(3) The following shall apply:
(i) Except as provided under subparagraph (ii), this
chapter shall apply to incarcerated persons and persons
on probation or parole who were convicted or adjudicated
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delinquent for a felony sex offense or other specified
[offenses] offense of an adult prior to the effective
date of this paragraph.
(ii) Subparagraph (i) shall not apply to persons
convicted or adjudicated delinquent of an offense
enumerated under paragraph (4) or (6) of the definition
of "other specified offense of an adult" in section 2303
(relating to definitions).
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for a felony sex offense or other specified
offense of an adult, other than an offense enumerated under
paragraph (4) or (6) of the definition of "other specified
offense of an adult" in section 2303 filed after June 18, 2002,
may be conditioned upon the collection of a DNA sample.
* * *
§ 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 providing a DNA sample 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 a felony sex offense or other specified offense of
an adult as determined by the Pennsylvania Parole Board [of
Probation and Parole]. Additional DNA samples may be collected
but shall not be required if the supervising agency or place of
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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.
* * *
Section 4. Section 2321(c)(2) of Title 44 is amended and the
section is amended by adding a subsection to read:
§ 2321. Expungement.
* * *
(a.1) Automatic expungement of juvenile record.--A DNA
sample, record or profile of a juvenile that 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 or this
chapter shall be automatically expunged at the time the
applicable offense would be eligible for expungement.
* * *
(c) Limitations.--
* * *
(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]
another specified [offenses] offense of an adult prior to the
effective date of the former DNA Act or this chapter.
* * *
Section 5. Section 2322 of Title 44 is amended to read:
§ 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 a felony sex offense or other
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specified offense of an adult, and all proceeds derived from
this section shall be transmitted to the fund.
Section 6. This act shall take effect in 60 days.
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