S0988B1654A05110 PWK:MAC 06/24/24 #90 A05110
AMENDMENTS TO SENATE BILL NO. 988
Sponsor: SENATOR BAKER
Printer's No. 1654
Amend Bill, page 1, line 5, by striking out "and" where it
occurs the second time and inserting a comma
Amend Bill, page 1, lines 7 and 8, by striking out all of
line 7 and "providing" in line 8
Amend Bill, page 1, lines 12 through 14, by striking out all
of said lines and inserting
Section 1. Section 2302(2) and (4) of Title 44 of the
Pennsylvania Consolidated Statutes are amended to read:
Amend Bill, page 1, line 21; page 2, lines 1 through 4; by
striking out all of said lines on said pages
Amend Bill, page 2, line 17, by striking out "definitions"
and inserting
a definition
Amend Bill, page 2, lines 23 through 28, by striking out all
of said lines
Amend Bill, page 2, line 29, by striking out the colon after
"following" and inserting
, or an attempt, conspiracy or solicitation to commit any of
the following:
Amend Bill, page 3, lines 13 through 21, by striking out all
of said lines
Amend Bill, page 3, line 22, by inserting after "following"
, or an attempt, conspiracy or solicitation to commit any of
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the following
Amend Bill, page 5, line 14, by striking out "arrested and"
Amend Bill, page 5, line 14, by inserting a bracket before
"convicted"
Amend Bill, page 5, line 15, by inserting after "offenders"
] persons
Amend Bill, page 5, line 18, by striking out "and bias"
Amend Bill, page 6, line 7, by striking out "arrested for,"
Amend Bill, page 6, line 7, by inserting a bracket before
"convicted"
Amend Bill, page 6, line 8, by inserting after "offenses."
] required to provide a DNA sample under this chapter.
Amend Bill, page 6, line 22, by inserting a bracket before
"General"
Amend Bill, page 6, line 22, by inserting after "rule.--"
] Conviction or adjudication.--
Amend Bill, page 8, lines 20 through 30; page 9, lines 1
through 6; by striking out all of said lines on said pages and
inserting
(c.1) Arrest.--Except as otherwise provided in this section,
a DNA sample shall be collected as follows:
(1) A person who is arrested in this Commonwealth for
criminal homicide shall have a DNA sample collected at the
time fingerprints are collected under 18 Pa.C.S. § 9112
(relating to mandatory fingerprinting). The collected DNA
sample shall be submitted to the State Police within 48 hours
in a manner prescribed by rules, regulations and guidelines
promulgated under section 2318 (relating to procedures for
conduct, disposition and use of DNA analysis). The person may
not be released until a DNA sample and fingerprints are
collected.
(2) A person who is arrested in this Commonwealth for a
felony sex offense shall have a DNA sample collected at the
time fingerprints are collected under 18 Pa.C.S. § 9112. The
collected DNA sample shall be submitted to the State Police
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within 48 hours in a manner prescribed by rules, regulations
and guidelines promulgated under section 2318. The person may
not be released until a DNA sample and fingerprints are
collected.
(3) A person who is arrested in this Commonwealth for an
offense listed under paragraph (1), (4) or (5) of the
definition of "other specified offense" in section 2303 shall
have a DNA sample collected at the time fingerprints are
collected under 18 Pa.C.S. § 9112. The collected DNA sample
shall be submitted to the State Police within 48 hours in a
manner prescribed by rules, regulations and guidelines
promulgated under section 2318. The person may not be
released until a DNA sample and fingerprints are collected.
(c.2) Limitations.--Subsection (c.1) shall not apply to a
criminal proceeding in which the person who is the subject of
the criminal proceeding is not arrested and is instead proceeded
against by summons. Nothing in this subsection shall be
construed to preclude the collection of DNA otherwise authorized
by this chapter.
Amend Bill, page 10, line 5, by inserting after "release,"
bail,
Amend Bill, page 10, lines 17 through 30; pages 11 and 12,
lines 1 through 30; by striking out all of said lines on said
pages
Amend Bill, page 13, line 1, by striking out "5" and
inserting
4
Amend Bill, page 13, line 9, by striking out "6. Sections
2321(b.1)(1)" and inserting
5. Sections 2321(b.1)
Amend Bill, page 13, line 15, by inserting a bracket before
"paragraph"
Amend Bill, page 13, line 15, by inserting after "(2)"
] paragraphs (2) and (3)
Amend Bill, page 13, line 17, by striking out "or an arrest
was made" and inserting
or where the arrest for which the DNA sample, record or
profile was made
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Amend Bill, page 14, by inserting between lines 14 and 15
(2) Paragraph (1) shall not apply if the person has been
arrested, 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] 30 days' prior notice to
the district attorney of the county where the original
charges were filed of an 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 a
DNA sample, record or profile in the State DNA Data Bank or
the State DNA Data Base except as provided under this
subsection.
Amend Bill, page 14, line 15, by striking out all of said
line and inserting
* * *
Amend Bill, page 14, line 24, by striking out all of said
line and inserting
Section 6. This act shall take effect as follows:
(1) The addition of 44 Pa.C.S. § 2316(c.1)(2) shall take
effect in 365 days.
(2) The addition of 44 Pa.C.S. § 2316(c.1)(3) shall take
effect in 18 months.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect in 180
days.
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