PRINTER'S NO. 1780
No. 1462 Session of 2005
INTRODUCED BY GABIG, GEIST, B. SMITH, LEDERER, YOUNGBLOOD,
MAITLAND, CAPPELLI, BELFANTI, TIGUE, CALTAGIRONE, CRAHALLA,
DENLINGER, HICKERNELL, SHANER AND DALLY, MAY 2, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for duties relating
3 to missing children and other missing persons.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2908 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2908. Missing children and other missing persons.
9 (a) Duties of law enforcement agencies.--Law enforcement
10 agencies shall have the following duties with respect to missing
11 children:
12 (1) To investigate a report of a missing child
13 immediately upon receipt of the report regardless of the age
14 of the missing child or the circumstances surrounding the
15 disappearance of the child. In no case shall law enforcement
16 agencies impose a mandatory waiting period prior to
17 commencing the investigation of a missing child.
18 (2) When conducting a missing child investigation, to
1 record all information relevant to the missing child and the
2 circumstances surrounding the disappearance of the missing
3 child on the appropriate law enforcement investigative
4 report.
5 (3) To make an entry into the Missing Persons File
6 through the Commonwealth Law Enforcement Assistance Network
7 (CLEAN) in accord with Pennsylvania State Police policy and
8 procedures immediately upon receipt of sufficient
9 identification information on the missing child.
10 (3.1) To make an entry into the Unidentified Persons
11 File through Commonwealth Law Enforcement Assistance Network
12 (CLEAN) in accord with Pennsylvania State Police policy and
13 procedures immediately upon:
14 (i) taking custody of an unidentified living child,
15 such as an infant, or a physically or mentally disabled
16 child; or
17 (ii) discovering an unidentified deceased child.
18 (4) To insure timely cancellation of any entry made
19 pursuant to this section where the missing child has returned
20 or is located.
21 (a.1) Unidentified deceased [children] persons.--Law
22 enforcement agencies [and], coroners and medical examiners
23 shall, with respect to unidentified deceased [children] persons,
24 have the duty to make an entry into the Unidentified Deceased
25 Person File through the Commonwealth Law Enforcement Assistance
26 Network (CLEAN) in accordance with Pennsylvania State Police
27 policy and procedures immediately upon observing or receiving
28 any descriptive information on an unidentified deceased [child]
29 person.
30 [(b) Definition.--As used in this section the term "child"
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1 means a person under 18 years of age.]
2 (c) DNA submissions.--Law enforcement agencies shall have
3 the following duties with respect to missing persons:
4 (1) To inform the person making the missing person
5 report within 30 days of the receipt of the report of all of
6 the following:
7 (i) Any person making a missing person report may
8 provide an appropriate personal item belonging to the
9 missing person.
10 (ii) A parent or other appropriate person may submit
11 a DNA sample for forensic analysis.
12 (2) To provide any person notified pursuant to paragraph
13 (1)(ii) with a copy of a release form prepared and
14 distributed by the Pennsylvania State Police that authorizes
15 a parent or other appropriate person to voluntarily provide a
16 DNA sample or an appropriate personal article belonging to
17 the missing person for purposes of DNA sampling. The release
18 form shall explain that the results of any DNA analysis will
19 be used solely for the purpose of identifying the missing
20 person.
21 (3) To submit any sample or item obtained pursuant to
22 paragraph (1), as soon as practicable after receipt and
23 verification of the status of the missing person, along with
24 a copy of the missing person report, an executed release form
25 and any supplemental information, to the Pennsylvania State
26 Police in accord with Pennsylvania State Police policy and
27 procedures.
28 (4) To immediately notify the Pennsylvania State Police
29 when any missing person on whose behalf a submission was made
30 pursuant to paragraph (3) is located or identified.
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1 (d) Specific duties of the Pennsylvania State Police.--In
2 addition to the duties set forth in subsections (a), (a.1) and
3 (c), the Pennsylvania State Police shall have the following
4 duties with respect to missing persons:
5 (1) To establish policy and procedures to implement the
6 requirements of this section.
7 (2) To develop a model kit to be used by law enforcement
8 to take DNA samples from parents or other appropriate
9 persons.
10 (3) To receive DNA samples and items submitted pursuant
11 to subsection (c).
12 (4) To conduct forensic DNA analysis of samples and
13 items submitted pursuant to subsection (c) utilizing
14 appropriate DNA typing tests, which include nuclear and
15 mitochondrial DNA typing, and to include the results in any
16 appropriate missing person or unidentified human remains
17 database in accord with established policy and procedures.
18 (5) To notify the submitting law enforcement agency when
19 a missing person is located or identified utilizing DNA.
20 (6) Except as provided in subsection (f), to maintain
21 the confidentiality of the results of forensic DNA analysis
22 conducted pursuant to this section.
23 (e) Use of DNA samples following a missing person's return,
24 location or positive identification.--
25 (1) Unless, within 90 days after a missing person is
26 returned, located or positively identified, a district
27 attorney provided notice to the Pennsylvania State Police
28 that good cause exists to believe that a criminal offense has
29 occurred relating to the disappearance of the missing person
30 and that a submitted DNA sample or the results of any
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1 forensic DNA analysis conducted thereon may be evidence in
2 the prosecution of the offense, all DNA samples received
3 under subsection (c) and the results of any forensic analysis
4 performed on the samples shall be destroyed within 30 days
5 after the time for providing notice has expired.
6 (2) Notice from the district attorney shall specifically
7 state the offense which he has good cause to believe has
8 occurred.
9 (3) If a prosecution of the stated offense is not
10 commenced during the applicable period of limitations set
11 forth in 42 Pa.C.S. Ch. 55 (relating to limitation of time),
12 the DNA samples received under subsection (c) and the results
13 of any forensic DNA analysis performed thereon shall be
14 destroyed.
15 (f) Confidentiality.--
16 (1) Except as provided in paragraph (2), the results of
17 a forensic DNA analysis performed on a sample or item
18 submitted pursuant to subsection (c) are confidential.
19 (2) The Pennsylvania State Police may only disclose the
20 results of a forensic DNA analysis performed pursuant to this
21 section to:
22 (i) Law enforcement agencies.
23 (ii) Coroners and medical examiners.
24 (iii) A parent or other appropriate person
25 voluntarily providing a DNA sample or an article,
26 pursuant to subsection (c).
27 (3) Any person who collects, processes or stores a DNA
28 sample from a living person for forensic DNA analysis
29 pursuant to this section and who intentionally violates this
30 subsection is liable to the living person who donated the DNA
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1 sample for civil damages in the amount of $5,000 for each
2 violation.
3 (g) Other forensic identification evidence.--
4 (1) In addition to any other action taken, law
5 enforcement agencies shall inform the person making the
6 missing person report that the person may provide copies of
7 the missing person's dental records or X-rays or both, for
8 inclusion in the law enforcement agency's missing person
9 investigative file.
10 (2) This subsection shall not apply if the missing
11 person's dental records or X-rays have previously been
12 obtained.
13 (h) Definitions.--As used in this section, the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Appropriate personal item." An item of personal property
17 belonging to a missing person that is likely to contain the
18 missing person's DNA.
19 "Child." A person under 18 years of age.
20 "DNA." Deoxyribonucleic acid. DNA is located in the cells
21 and provides an individual's personal genetic blueprint. DNA
22 encodes genetic information that is the basis of human heredity
23 and forensic identification.
24 "DNA sample." A blood or tissue sample provided by a parent
25 or other appropriate person pursuant to this section for
26 analysis or storage, or both.
27 Section 2. This act shall take effect in 180 days.
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