S0775B2417A13537     LKK:CMM  10/02/12     #90        A13537

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 775

Printer's No. 2417

  

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Amend Bill, page 28, line 16, by inserting after "for"

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criminal homicide,

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Amend Bill, page 30, line 3, by striking out "and" and

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inserting

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 or

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Amend Bill, page 30, line 4, by inserting after "sample"

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and fingerprints

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Amend Bill, page 30, lines 17 and 18, by striking out "one

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year after the effective date of " in line 17 and "this

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subsection" in line 18 and inserting

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 July 1, 2014

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Amend Bill, page 30, lines 21 and 22, by striking out "two

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years after the effective date of " in line 21 and "this

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subsection" in line 22 and inserting

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 July 1, 2015

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Amend Bill, page 35, line 2, by striking out "or DNA record"

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and inserting

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, record or profile

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Amend Bill, page 36, line 18, by striking out "shall" and

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inserting

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 may

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Amend Bill, page 38, line 22, by inserting a bracket before

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"samples"

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Amend Bill, page 38, line 22, by inserting after "samples"

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] records or profiles

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Amend Bill, page 39, line 2, by striking out "samples and"

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Amend Bill, page 39, line 3, by inserting after "records"

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or profiles

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Amend Bill, page 40, lines 1 through 15, by striking out all

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of said lines and inserting

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

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

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

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

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chapter may make a written request to the State Police seeking

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removal of the person's DNA sample, record or profile from the

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State DNA Data Bank or the State DNA Data Base on the grounds

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that the sample, record or profile was collected or included by

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mistake. Within 60 days of receipt of a written request for

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removal, the State Police shall review the request and determine

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if the DNA sample, record or profile was included in the State

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DNA Data Bank or the State DNA Data Base by mistake:

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(1)  If the State Police determine that the DNA sample,

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record or profile was included by mistake, the request for

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removal shall be granted and the DNA sample, record and

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profile shall be destroyed within 30 days of the

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determination at no cost to the person making the request.

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The State Police shall provide written notice of the removal

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

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completion of the removal.

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(2)  If the State Police deny the request, written notice

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of the denial and reasons therein shall be provided to the

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person and his attorney of record, if any.

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(3)  If the State Police erroneously deny the request,

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the person may request expungement of the DNA sample, record

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or profile under subsection (b.1).

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Amend Bill, page 41, line 24, by striking out "subsection (c)

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(1)" and inserting

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 this subsection

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Amend Bill, page 42, line 1, by striking out "(c)" and

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inserting

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 (b.1)

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Amend Bill, page 42, line 2, by striking out "an" and

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1

inserting

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 the

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Amend Bill, page 42, lines 2 and 3, by striking out "issued

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under " in line 2 and "subsection (c)" in line 3

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Amend Bill, page 42, line 6, by striking out "(c)" and

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inserting

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 (b.1)

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Amend Bill, page 43, line 8, by striking out "in 270 days"

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and inserting

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 July 1, 2013

  

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