PRIOR PRINTER'S NO. 970 PRINTER'S NO. 3555
No. 835 Session of 2003
INTRODUCED BY MAITLAND, GILLESPIE, KELLER, BAKER, BALDWIN,
BASTIAN, BELFANTI, BROWNE, BUNT, CAPPELLI, CREIGHTON,
FLEAGLE, FLICK, GEIST, HENNESSEY, HERMAN, HICKERNELL, HORSEY,
JOSEPHS, LAUGHLIN, MACKERETH, McGEEHAN, R. MILLER, S. MILLER,
MUNDY, PAYNE, READSHAW, RUBLEY, SAINATO, SOLOBAY, STABACK,
STEIL, SURRA, J. TAYLOR, TIGUE, TRUE, E. Z. TAYLOR, REICHLEY,
MELIO, JAMES, DALLY AND BLAUM, MARCH 11, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 24, 2004
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 scope of chapter relating to DNA data and testing, for the
4 definition of DEFINITIONS OF "DNA RECORD" AND "other <--
5 specified offense," for DNA sample required upon conviction,
6 delinquency adjudication and certain ARD cases and for
7 expungement.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 4701 of Title 42 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 4701. Scope of chapter.
13 This chapter provides for DNA detection of sexual [and
14 violent] offenders and other felony offenders.
15 Section 2. The definition of DEFINITIONS OF "DNA RECORD" AND <--
16 "other specified offense" in section 4703 of Title 42 is ARE <--
17 amended to read:
1 § 4703. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 * * *
6 "DNA RECORD." DNA IDENTIFICATION INFORMATION STORED IN THE <--
7 STATE DNA DATA BASE OR THE COMBINED DNA INDEX SYSTEM FOR THE
8 PURPOSE OF GENERATING INVESTIGATIVE LEADS OR SUPPORTING
9 STATISTICAL INTERPRETATION OF DNA TEST RESULTS. THE DNA RECORD
10 IS THE RESULT OBTAINED FROM THE DNA TYPING TESTS, WHICH INCLUDE,
11 BUT ARE NOT LIMITED TO, NUCLEAR AND MITOCHONDRIAL DNA TYPING.
12 THE DNA RECORD IS COMPRISED OF THE CHARACTERISTICS OF A DNA
13 SAMPLE WHICH ARE OF VALUE IN ESTABLISHING THE IDENTITY OF
14 INDIVIDUALS. THE RESULTS OF ALL DNA IDENTIFICATION TESTS ON AN
15 INDIVIDUAL'S DNA SAMPLE ARE ALSO COLLECTIVELY REFERRED TO AS THE
16 DNA PROFILE OF AN INDIVIDUAL.
17 * * *
18 "Other specified offense." [An] Any felony offense or an
19 attempt, conspiracy or solicitation to commit [an offense under
20 any of the following:
21 18 Pa.C.S. § 2502 (relating to murder).
22 18 Pa.C.S. § 2709(c)(2)(ii) (relating to harassment and
23 stalking).
24 18 Pa.C.S. § 2901 (relating to kidnapping).
25 18 Pa.C.S. § 2910 (relating to luring a child into a
26 motor vehicle).
27 18 Pa.C.S. § 3126 (relating to indecent assault).
28 18 Pa.C.S. § 3502 (relating to burglary).
29 18 Pa.C.S. § 3701 (relating to robbery).] any felony
30 offense.
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1 * * *
2 Section 3. Section 4716(b) of Title 42 is amended by adding
3 a paragraph to read:
4 § 4716. DNA sample required upon conviction, delinquency
5 adjudication and certain ARD cases.
6 * * *
7 (b) Condition of release.--
8 * * *
9 (3) This chapter shall apply to incarcerated persons AND <--
10 PERSONS ON PROBATION OR PAROLE WHO WERE convicted or
11 adjudicated delinquent for other specified offenses prior to
12 the effective date of this paragraph.
13 * * *
14 Section 4. Section 4721(c) of Title 42 is amended AND THE <--
15 SECTION IS AMENDED BY ADDING A SUBSECTION to read:
16 § 4721. Expungement.
17 * * *
18 (c) [Limitation] Limitations.--
19 (1) An incarcerated or previously incarcerated [AN <--
20 INCARCERATED OR PREVIOUSLY INCARCERATED] (1) A person may
21 not seek expungement of a DNA SAMPLE, record or profile on <--
22 the ground that that person was convicted or adjudicated
23 delinquent for a felony sex offense prior to the effective
24 date of the former DNA Act or prior to the effective date of
25 this chapter.
26 (2) An incarcerated or previously incarcerated A person <--
27 may not seek expungement of a DNA SAMPLE, record or profile <--
28 on the ground that that person was convicted or adjudicated
29 delinquent for one of the other specified offenses prior to
30 the effective date of the former DNA Act, this chapter or
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1 section 4716(b)(3) (relating to DNA sample required upon
2 conviction, delinquency adjudication and certain ARD cases).
3 (D) EFFECT OF EXPUNGEMENT.--THE EXPUNGEMENT OF A DNA SAMPLE, <--
4 RECORD OR PROFILE PURSUANT TO THIS SECTION SHALL HAVE NO EFFECT
5 ON ANY DATA BANK OR DATA BASE MATCH OCCURRING PRIOR TO THE
6 EXPUNGEMENT OF THE SAMPLE, RECORD OR PROFILE.
7 Section 5. This act shall take effect in 60 180 days. <--
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