S0775B1602A06733     DMS:CDM  12/05/11     #90        A06733

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 775

Printer's No. 1602

  

1

Amend Bill, page 9, lines 7 through 10, by striking out

2

"arrest, during booking or intake or as soon as " in line 7 and

3

all of lines 8 through 10 and inserting

4

:

5

(i)  preliminary arraignment;

6

(ii)  during booking or intake following an arrest

7

based on a warrant issued on probable cause; or

8

(iii)  as soon as administratively practical after

9

the event specified in subparagraph (i) or (ii), but not

10

later than prior to release on bail or pending trial or

11

any other physical release from confinement or custody.

12

Amend Bill, page 17, line 14, by inserting a bracket before

13

"(a)"

14

Amend Bill, page 17, lines 18 and 19, by striking out ":" in

15

line 18 and "(1)" in line 19

16

Amend Bill, page 17, line 19, by striking out "arrest,

17

charge,"

18

Amend Bill, page 17, line 22, by striking out "; ["

19

Amend Bill, page 17, lines 22 through 27, by striking out the

20

bracket after "that" in line 22, all of lines 23 through 26 and

21

"(5)" in line 27

22

Amend Bill, page 18, line 1, by striking out "immediately"

23

Amend Bill, page 18, line 5, by striking out the bracket

24

before "written"

- 1 -

 


1

Amend Bill, page 18, line 6, by striking out the bracket

2

after "a"

3

Amend Bill, page 18, line 7, by striking out the bracket

4

before "or]"

5

Amend Bill, page 18, lines 7 through 11, by striking out the

6

bracket after "[or" in line 7 and all of lines 8 through 11

7

Amend Bill, page 18, line 13, by inserting after "mistake."

8

]

9

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

10

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

11

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

12

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

13

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

14

accordance with this section.

15

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

16

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

17

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

18

provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and

19

testing) or this chapter may file an expungement request with

20

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

21

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

22

Data Base by mistake. A person requesting expungement under this

23

subsection shall be required to prove that the DNA sample,

24

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

25

or the State DNA Data Base by clear and convincing evidence.

26

(c)  Mandatory expungement.--The following shall apply:

27

(1)  Except as provided in paragraph (2), all records and

28

identifiable information, including any sample, record or

29

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

30

Base pertaining to a person shall be destroyed in the

31

following instances:

32

(i)  the arrest, charge, conviction or delinquency

33

adjudication on which the authority for including the

34

person's DNA sample, record or profile was based has been

35

reversed and the case dismissed;

36

(ii)  the charge on which the authority for including

37

the person's DNA sample, record or profile has been

38

dismissed and the prosecuting authority is barred from

39

seeking a retrial;

40

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

41

charge on which the authority for including the person's

42

DNA sample, record or profile was based;

43

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

44

not charged with the crime on which the authority for

- 2 -

 


1

including the person's DNA sample, record or profile was

2

based;

3

(v)  the prosecuting authority has elected not to

4

commence criminal proceeding against the person for the

5

crime on which the authority for including the person's

6

DNA sample, record or profile was based;

7

(vi)  charges for the crime on which the authority

8

for including the person's DNA sample, record or profile

9

was based were not filed within the statute of

10

limitations; and

11

(vii)  the person is granted an unconditional pardon

12

for the crime on which the authority for including the

13

person's DNA sample, record or profile was based.

14

(2)  The provisions of paragraph (1) shall not apply if

15

the person has been arrested, charged, convicted or

16

adjudicated delinquent for any other crime for which a DNA

17

sample, record or profile is required under this chapter.

18

(d)  Disposition reporting.--All criminal justice agencies,

19

including law enforcement agencies, district attorneys and

20

courts shall submit reports of dispositions that require

21

mandatory expungement under subsection (c) to the State Police

22

within 60 days of the date of such disposition. Courts shall

23

collect and submit criminal court dispositions as required by

24

the Administrative Office of Pennsylvania Courts.

25

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

26

(1)  Upon receipt of any report of disposition under

27

subsection (d), the State Police shall immediately purge all

28

records and identifiable information in the State DNA Data

29

Bank or the State DNA Data Base pertaining to a person and

30

destroy each sample, record and profile of the person where

31

such sample, record or profile was created concerning the

32

person.

33

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

34

person from whom the DNA sample was taken.

35

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

36

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

37

within 45 days after expunging and destroying the sample,

38

record or profile.

39

(4)  The State Police shall provide the CODIS expungement

40

policy to any person whose sample, record or profile has been

41

expunged and destroyed under this section if such information

42

has been transferred to CODIS.

  

- 3 -