PRIOR PRINTER'S NO. 863

PRINTER'S NO.  1602

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

775

Session of

2011

  

  

INTRODUCED BY PILEGGI, GREENLEAF, FOLMER, RAFFERTY, ERICKSON, YAW, PIPPY, LEACH, VANCE, SOLOBAY, WARD AND BROWNE, MARCH 15, 2011

  

  

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, SEPTEMBER 27, 2011   

  

  

  

AN ACT

  

1

Amending Title 44 (Law and Justice) of the Pennsylvania

2

Consolidated Statutes, in DNA data and testing, further

3

providing for policy, for definitions, for State DNA Data

4

Base, for procedural compatibility with FBI and for DNA

5

sample required upon conviction, delinquency adjudication and

6

certain ARD cases; providing for collection from persons

7

accepted from other jurisdictions; further providing for

8

procedures for withdrawal, collection and transmission of DNA

9

samples, for procedures for conduct, disposition and use of

10

DNA analysis; providing for request for modified DNA search;

11

further providing for DNA data base exchange and for

12

expungement; and providing for severability.

13

The General Assembly of the Commonwealth of Pennsylvania

14

hereby enacts as follows:

15

Section 1.  Sections 2302, 2303, 2312 and 2315 of Title 44 of

16

the Pennsylvania Consolidated Statutes are amended to read:

17

§ 2302.  Policy.

18

The General Assembly finds and declares that:

19

(1)  DNA data banks are an important tool in criminal

20

investigations, in [the exclusion of] excluding innocent 

21

individuals who are the subject of criminal investigations or

22

prosecutions and in [deterring and detecting recidivist acts]

 


1

detecting and deterring repeated crimes by the same

2

individual.

3

(2)  Several states have enacted laws requiring persons

4

arrested, charged or convicted of certain crimes, especially

5

sex offenses, to provide genetic samples for DNA profiling.

6

(2.1)  Several states have authorized the use of DNA

7

analysis to identify crime scene DNA profiles by establishing

8

that the source of a crime scene DNA profile is likely to be

9

a close relative of a specific individual whose DNA record is

10

on file.

11

(3)  Moreover, it is the policy of the Commonwealth to

12

assist Federal, State and local criminal justice and law

13

enforcement agencies in the identification and detection of

14

individuals in criminal investigations.

15

(4)  It is therefore in the best interest of the

16

Commonwealth to establish a DNA data base and a DNA data bank

17

containing DNA samples submitted by individuals arrested for,

18

charged with, convicted of, adjudicated delinquent for or

19

accepted into ARD for felony sex offenses and other specified

20

offenses.

21

(5)  It is in the best interest of the Commonwealth to

22

authorize the State Police to use DNA analysis and to

23

identify these individuals to a criminal justice agency in

24

certain cases.

25

§ 2303.  Definitions.

26

The following words and phrases when used in this chapter

27

shall have the meanings given to them in this section unless the

28

context clearly indicates otherwise:

29

"Accredited forensic DNA laboratory."  A forensic DNA

30

laboratory that has received accreditation by an accrediting

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1

body nationally recognized within the forensic science community

2

in accordance with the FBI Quality Assurance Standards to

3

perform forensic DNA testing and is in compliance with FBI

4

quality assurance standards.

5

"ARD."  Accelerated Rehabilitative Disposition.

6

"CODIS."  The [term is derived from] Combined DNA Index

7

System, the Federal Bureau of Investigation's national DNA

8

identification index system that allows the storage and exchange

9

of DNA records submitted by state and local forensic DNA

10

laboratories.

11

"Commissioner."  The Commissioner of the Pennsylvania State

12

Police.

13

"Crime scene DNA profile."  A DNA profile that characterizes

14

the sample of DNA found on a victim or originating from and

15

associated with the scene of a crime.

16

"Criminal justice agency."  A criminal justice agency as

17

defined in 18 Pa.C.S. § 9102 (relating to definitions).

18

"DNA."  Deoxyribonucleic acid. DNA is located in the cells

19

and provides an individual's personal genetic blueprint. DNA

20

encodes genetic information that is the basis of human heredity

21

and forensic identification.

22

"DNA record."  DNA identification information stored in the

23

State DNA Data Base or the Combined DNA Index System for the

24

purpose of generating investigative leads or supporting

25

statistical interpretation of DNA test results. The term

26

includes nuclear and mitochondrial typing. The DNA record is the

27

result obtained from the DNA typing tests. The DNA record is

28

comprised of the characteristics of a DNA sample which are of

29

value in establishing the identity of individuals or the source

30

of a crime scene DNA profile. The results of all DNA

- 3 -

 


1

identification tests on an individual's DNA sample are also

2

collectively referred to as the DNA profile of an individual.

3

"DNA sample."  A [blood or tissue] bodily sample:

4

(1)  provided by any person with respect to offenses

5

covered by this chapter or submitted to the Pennsylvania

6

State Police laboratory pursuant to the former act of May 28,

7

1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA

8

Detection of Sexual and Violent Offenders Act, to the former

9

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

10

this chapter for analysis or storage, or both[.]; or

11

(2)  found at a crime scene that might have come from a

12

possible offender.

13

"FBI."  The Federal Bureau of Investigation.

14

"Felony sex offense."  A felony offense or an attempt,

15

conspiracy or solicitation to commit a felony offense under any

16

of the following:

17

18 Pa.C.S. Ch. 31 (relating to sexual offenses).

18

18 Pa.C.S. § 4302 (relating to incest).

19

18 Pa.C.S. § 5902(c)(1)(iii) and (iv) (relating to

20

prostitution and related offenses).

21

18 Pa.C.S. § 5903(a) (relating to obscene and other

22

sexual materials and performances) where the offense

23

constitutes a felony.

24

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

25

18 Pa.C.S. § 6318 (relating to unlawful contact with

26

minor) where the most serious underlying offense for which

27

the defendant contacted the minor is graded as a felony.

28

18 Pa.C.S. § 6320 (relating to sexual exploitation of

29

children).

30

"Forensic DNA laboratory."  A laboratory that performs

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1

forensic DNA testing for the purposes of identification.

2

"Forensic DNA testing."  A test that applies techniques from

3

molecular biology to deoxyribonucleic acid (DNA) to help resolve

4

issues of identification.

5

"Former DNA Act."  The former act of May 28, 1995 (1st

6

Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual

7

and Violent Offenders Act.

8

"Fund."  The DNA Detection Fund reestablished in section 2335

9

(relating to DNA Detection Fund).

10

"Human behavioral genetic research."  The study of the

11

possible genetic underpinnings of behaviors, including, but not

12

limited to, aggression, substance abuse, social attitudes,

13

mental abilities, sexual activity and eating habits.

14

"Judicial determination."  A determination by a court of

15

competent jurisdiction, including a settlement approved by such

16

court.

17

"Law enforcement identification purposes."  Assisting in the

18

determination of the identity of an individual whose DNA is

19

contained in a biological sample.

20

"Mitochondrial DNA analysis."  A method that applies

21

techniques from molecular biology to analyze DNA found in the

22

mitochondria of cells.

23

"Modified DNA search."  A search of a crime scene DNA profile

24

against the State DNA Data Base by the State Police that is

25

conducted using the procedure and methods set forth in the

26

regulations published under section 2318.1(d)(3) (relating to

27

request for modified DNA search).

28

"Other specified offense."  [A felony offense or an offense

29

under 18 Pa.C.S. § 2910 (relating to luring a child into a motor

30

vehicle) or 3126 (relating to indecent assault) or an attempt to

- 5 -

 


1

commit such an offense.] Any of the following:

2

A felony offense.

3

18 Pa.C.S. § 2701(b)(2) (relating to simple assault).

4

18 Pa.C.S. § 2902(a) (relating to unlawful restraint).

5

18 Pa.C.S. § 2910 (relating to luring a child into a

6

motor vehicle or structure.

7

18 Pa.C.S. § 3126 (relating to indecent assault).

8

18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal

9

trespass).

10

18 Pa.C.S. § 4303 (relating to concealing death of

11

child).

12

18 Pa.C.S. § 4304 (relating to endangering welfare of

13

children).

14

18 Pa.C.S. § 4305 (relating to dealing in infant

15

children).

16

An attempt, conspiracy or solicitation to commit a felony

17

offense or other offense specified in this definition.

18

"State Police."  The Pennsylvania State Police.

19

"Y chromosome analysis."  A method that applies techniques

20

from molecular biology to examine DNA found on the Y chromosome.

21

§ 2312.  State DNA Data Base.

22

[The State DNA Data Base is reestablished. It shall be

23

administered by the State Police and provide DNA records to the

24

FBI for storage and maintenance by CODIS.] A Statewide DNA Data

25

Base is established within the State Police to provide DNA

26

records to CODIS. The State DNA Data Base shall have the

27

capability provided by computer software and procedures

28

administered by the State Police to store and maintain DNA

29

records related to:

30

(1)  forensic casework;

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1

(2)  arrested, charged and convicted offenders required

2

to provide a DNA sample under this chapter; and

3

(3)  anonymous DNA records used for statistical research

4

[or] on the frequency of DNA genotypes, quality control or

5

the development of new DNA identification methods.

6

§ 2315.  Procedural compatibility with FBI.

7

The DNA identification system [as] established by the State

8

Police shall be compatible with the procedures [specified]

9

established by the FBI quality assurance standards for forensic

10

DNA testing laboratories and DNA data basing laboratories and

11

CODIS policies and procedures, including use of comparable test

12

procedures, laboratory equipment, supplies and computer

13

software.

14

Section 2.  Section 2316 heading and subsections (a) and (b)

15

(3) of Title 44 are amended and the section is amended by adding

16

a subsection to read:

17

§ 2316.  DNA sample required upon arrest, criminal charge,

18

conviction, delinquency adjudication and certain ARD

19

cases.

20

(a)  [General rule] Conviction or adjudication.--A person who

21

is convicted or adjudicated delinquent for a felony sex offense

22

or other specified offense or who is or remains incarcerated for

23

a felony sex offense or other specified offense on or after the

24

effective date of this chapter shall have a DNA sample [drawn]

25

collected as follows:

26

(1)  A person who is sentenced or receives a delinquency

27

disposition to a term of confinement for an offense covered

28

by this subsection shall have a DNA sample [drawn] collected 

29

upon intake to a prison, jail or juvenile detention facility

30

or any other detention facility or institution. If the person

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1

is already confined at the time of sentencing or

2

adjudication, the person shall have a DNA sample [drawn]

3

collected immediately after the sentencing or adjudication.

4

If a DNA sample is not timely [drawn] collected in accordance

5

with this section, the DNA sample may be [drawn] collected 

6

any time thereafter by the prison, jail, juvenile detention

7

facility, detention facility or institution.

8

(2)  A person who is convicted or adjudicated delinquent

9

for an offense covered by this subsection shall have a DNA

10

sample [drawn] collected as a condition for any sentence or

11

adjudication which disposition will not involve an intake

12

into a prison, jail, juvenile detention facility or any other

13

detention facility or institution.

14

(3)  Under no circumstances shall a person who is

15

convicted or adjudicated delinquent for an offense covered by

16

this subsection be released in any manner after such

17

disposition unless and until a DNA sample has been

18

[withdrawn] collected.

19

(b)  Condition of release, probation or parole.--

20

* * *

21

(3)  This chapter shall apply to incarcerated persons and

22

persons on probation or parole who were convicted or

23

adjudicated delinquent for other specified offenses prior to

24

the effective date of this paragraph whether or not the

25

offense for which the person is currently imprisoned or under

26

probation or parole supervision is a felony sex offense or

27

other specified offense.

28

* * *

29

(c.1)  Criminal charge or arrest.--

30

(1)  A person who is charged or arrested as an adult for

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1

a felony sex offense or other specified offense shall have a

2

DNA sample collected immediately following:

<--

3

(i)  a judicial determination at a preliminary

4

hearing that probable cause exists for the arrest or

5

criminal charge; or

6

(ii)  the waiver of the right to a preliminary

7

hearing. arrest, during booking or intake or as soon as

<--

8

administratively practical after arrest but not later

9

than prior to release on bail or pending trial or any

10

other physical release from confinement or custody.

11

(2)  If for any reason a person does not provide a DNA

12

sample and fingerprints under this chapter, the court shall

13

order the person to report within five calendar days of

14

arrest or charge to a prison, jail unit, juvenile facility or

15

other facility to be specified by the court to provide DNA

16

samples and fingerprints in accordance with this chapter.

17

(3)  The State Police shall create a separate category

18

within the data base to store DNA samples and records

19

collected under this subsection, and the DNA records and

20

samples contained therein shall not be subject to any

21

modified DNA search authorized under section 2318.1 (relating

22

to request for modified DNA search).

23

(4)  This subsection shall apply as follows:

<--

24

(i)  Beginning 90 days after the effective date of

25

this subsection, any person required to provide a DNA

26

sample under this subsection for an arrest or charge

27

under 18 Pa.C.S. Chs. 25 (relating to criminal homicide),

28

26 (relating to crimes against unborn child) and 31

29

(relating to sexual offenses) and §§ 6312 (relating to

30

sexual abuse of children) and 6320 (relating to sexual

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1

exploitation of children) shall have a DNA sample

2

collected pursuant to this chapter.

3

(ii)  Beginning one year after the effective date of

4

this subsection, any person required to provide a DNA

5

sample under this subsection for an arrest or charge

6

under 18 Pa.C.S. Chs. 27 (relating to assault), 33

7

(relating to arson, criminal mischief and other property

8

destruction), 35 (relating to burglary and other criminal

9

intrusion), 37 (relating to robbery) and 43 (relating to

10

offenses against the family) shall have a DNA sample

11

collected pursuant to this chapter.

12

(iii)  Beginning two years after the effective date

13

of this subsection, any person required to provide a DNA

14

sample under this subsection for an arrest or charge for

15

any other felony sex offense or other specified offense

16

shall have a sample collected pursuant to this chapter.

17

* * *

18

Section 3.  Title 44 is amended by adding a section to read:

19

§ 2316.1.  Collection from other jurisdictions.

20

(a)  Conditional acceptance.--When a person is accepted into

21

this Commonwealth for supervision from another jurisdiction

22

under the Interstate Compact for Supervision of Adult Offenders,

23

other reciprocal agreement with a Federal, state or county

24

agency, or a provision of law, whether or not the person is

25

confined or released, the acceptance shall be conditioned on the

26

offender's providing DNA samples under this chapter if the

27

offender has a past or present Federal, state or military court

28

conviction or adjudication that is equivalent to a felony sex

29

offense or other specified offense as determined by the

30

Pennsylvania Board of Probation and Parole. Additional DNA

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1

samples shall not be required if a DNA sample is currently on

2

file with CODIS or the State DNA Data Base.

3

(b)  Time period.--

4

(1)  If the person accepted under subsection (a) is not

5

confined, the DNA sample and fingerprints required under this

6

chapter shall be provided within five calendar days after the

7

person reports to the supervising agent or within five

8

calendar days of notice to the person, whichever occurs

9

first. The person shall appear and the DNA samples shall be

10

collected in accordance with the provisions of this chapter.

11

(2)  If the person accepted under subsection (a) is

12

confined, the person shall provide the DNA sample and

13

fingerprints required by this chapter within five calendar

14

days after the person is received at a place of incarceration

15

or confinement.

16

Section 4.  Sections 2317(a)(1) and 2318(a) and (c) of Title

17

44 are amended to read:

18

§ 2317.  Procedures for withdrawal, collection and transmission

19

of DNA samples.

20

(a)  [Drawing] Collection of DNA samples.--

21

(1)  Each DNA sample required to be [drawn] collected 

22

pursuant to [section] sections 2316 (relating to DNA sample

23

required upon arrest, criminal charge, conviction,

24

delinquency adjudication and certain ARD cases) and 2316.1

25

(relating to collection from persons accepted from other

26

jurisdictions) from persons who are incarcerated or confined

27

shall be [drawn] collected at the place of incarceration or

28

confinement as provided for in section 2316. DNA samples from

29

persons who are not ordered or sentenced to a term of

30

confinement shall be [drawn] collected at a prison, jail

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1

unit, juvenile facility or other facility to be specified by

2

the court. Only those individuals qualified to draw DNA blood 

3

samples in a medically approved manner shall draw a DNA blood 

4

sample to be submitted for DNA analysis. Such sample and the

5

set of fingerprints provided for in paragraph (2) shall be

6

delivered to the State Police within 48 hours of [drawing]

7

collecting the sample.

8

* * *

9

§ 2318.  Procedures for conduct, disposition and use of DNA

10

analysis.

11

(a)  Procedures.--

12

(1)  The State Police shall [prescribe] promulgate

<--

13

regulations develop guidelines to implement this chapter,

<--

14

including procedures to be used in the collection,

15

submission, identification, analysis, storage and disposition

16

of DNA samples and typing results of DNA samples submitted

17

under the former DNA Act, former 42 Pa.C.S. Ch. 47 (relating

18

to DNA data and testing) or this chapter.

19

(2)  The DNA sample typing results shall be securely

20

stored in the State DNA Data Base, and records of testing

21

shall be retained on file with the State Police consistent

22

with the procedures established by the FBI quality assurance

23

standards for forensic DNA testing laboratories and DNA data

24

basing laboratories and CODIS policies and procedures.

25

(3)  These procedures shall also include quality

26

assurance guidelines to ensure that DNA identification

27

records meet standards for accredited forensic DNA 

28

laboratories which submit DNA records to the State DNA Data

29

Base.

30

(4)  The regulations guidelines shall address the

<--

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1

following:

2

(i)  Verification of accreditation.

3

(ii)  Compliance with FBI quality assurance standards

4

including continuing education requirements for the

5

personnel of forensics DNA testing laboratories.

6

* * *

7

(c)  Use of tests.--

8

(1)  Except as otherwise provided in section 2319(c)

9

(relating to DNA data base exchange), the tests to be

10

performed on each DNA sample shall be used only for law

11

enforcement identification purposes or to assist in the

12

recovery or identification of human remains from disasters or

13

for other humanitarian identification purposes, including

14

identification of missing persons.

15

(2)  No DNA sample or DNA record shall be used for human

16

behavioral genetic research.

17

* * *

18

Section 5.  Title 44 is amended by adding a section to read:

19

§ 2318.1.  Request for modified DNA search.

20

(a)  General rule.--

21

(1)  A criminal justice agency may request in writing

22

that the State Police perform a modified DNA search in an

23

unsolved case and shall provide information as required by

24

the State Police.

25

(2)  The State Police shall grant a request to conduct a

26

modified DNA search if the State Police determine that the

27

request complies with subsection (d)(2).

28

(b)  Modified DNA search.--

29

(1)  The State Police shall conduct a modified DNA search

30

if it grants a request under subsection (a)(2).

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1

(2)  The State Police may conduct a modified DNA search

2

in unsolved cases without the request of a criminal justice

3

agency only if the State Police determine that they would

4

have granted a request had a request been made by a criminal

5

justice agency.

6

(3)  In all cases, the State Police shall use procedures

7

for conducting a modified DNA search that are consistent with

8

the regulations published under subsection (d)(3).

9

(c)  Release of information from a modified DNA search.--The

10

State Police shall provide the requesting criminal justice

11

agency with personally identifying information on individuals

12

whose DNA records were identified through a modified DNA search.

13

(d)  Requirements.--

14

(1)  The State Police shall require a criminal justice

15

agency to provide assurances and information in support of

16

its request for a modified DNA search, including:

17

(i)  A representation that a modified DNA search is

18

necessary for law enforcement identification purposes in

19

an unsolved case.

20

(ii)  A representation that all other investigative

21

leads have been pursued.

22

(iii)  A commitment to further investigate the case

23

if personal identifying information from a modified DNA

24

search is provided.

25

(iv)  Any other information the State Police deem

26

necessary.

27

(2)  The regulations shall require the State Police to

<--

28

consider the following when determining whether to shall 

<--

29

grant a modified DNA search request so long as the State

<--

30

Police determine that:

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1

(i)  The sufficiency of the crime scene DNA profile

<--

2

has sufficient size, quality or and integrity of the

<--

3

crime scene DNA profile.

4

(ii)  Whether the The crime scene DNA profile has

<--

5

previously been subjected to a routine DNA search against

6

the State DNA Data Base.

7

(iii)  Whether the The modified DNA search is

<--

8

necessary for law enforcement identification purposes in

9

an unsolved case.

10

(iv)  Whether the The criminal justice agency has

<--

11

pursued all other investigative leads.

12

(v)  Any other relevant consideration the State

<--

13

Police deem relevant, including factors or requirements

14

considered by any other jurisdiction that supports

<--

15

granting the request.

16

(3)  The State Police shall adopt a procedure to conduct

17

modified DNA searches based on scientifically valid and

18

reliable methods to determine that a crime scene DNA profile

19

is sufficiently likely to have originated from a close

20

relative of an individual whose DNA profile is recorded in

21

the State DNA Data Base. The State Police may require the

22

following:

23

(i)  An analysis of the rarity in the relevant

24

population of each shared DNA characteristic.

25

(ii)  An analysis of the pattern of shared DNA

26

characteristics.

27

(iii)  Y chromosome analysis.

28

(iv)  Mitochondrial DNA analysis.

29

(v)  Any other suitable method designed to determine

30

that a crime scene DNA profile originated from a close

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1

relative of an individual in the State DNA Data Base.

2

The State Police shall not be limited to procedures or

3

methods used by the FBI in conducting moderate or low

4

stringency CODIS searches.

5

Section 6.  Sections 2319(a) and (c) and 2321(a) and (b) of

6

Title 44 are amended to read:

7

§ 2319.  DNA data base exchange.

8

(a)  Receipt of DNA samples by State Police.--It shall be the

9

duty of the State Police to receive DNA samples, to store, to

10

perform analysis or to contract for DNA typing analysis with [a

11

qualified] an accredited forensic DNA laboratory that meets the

12

guidelines and regulations under section 2318 (relating to

13

procedures for conduct, disposition and use of DNA analysis) as

14

established by the State Police, to classify and to file the DNA

15

record of identification characteristic profiles of DNA samples

16

submitted under the former DNA Act, former 42 Pa.C.S. Ch. 47 

17

(relating to DNA data and testing) or this chapter and to make

18

such information available as provided in this section. The

19

State Police may contract [out] for the storage of DNA typing

20

analysis [and may contract out] or DNA typing analysis to [a

21

qualified] an accredited forensic DNA laboratory that meets

22

guidelines and regulations as established by the State Police

23

under section 2318. The results of the DNA profile of

24

individuals in the State DNA Data Base shall be made available:

25

(1)  to criminal justice agencies or [approved crime]

26

CODIS-participating DNA laboratories which serve these

27

agencies; or

28

(2)  upon written or electronic request and in

29

furtherance of an official investigation of a criminal

30

offense or offender or suspected offender.

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1

* * *

2

(c)  Population data base.--

3

(1)  The State Police may establish a separate population

4

data base comprised of DNA samples obtained under this

5

chapter after all personal identification is removed.

6

(2)  The State Police may share or disseminate the

7

population data base with other criminal justice agencies or

8

[crime] CODIS-participating DNA laboratories that serve to

9

assist the State Police with statistical data bases.

10

(3)  The population data base may be made available to

11

and searched by other agencies participating in the CODIS

12

system.

13

§ 2321.  Expungement.

14

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

15

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

16

State DNA Data Base pursuant to the former DNA Act, former 42

17

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

18

chapter may request expungement on the grounds that:

19

(1)  the arrest, charge, conviction or delinquency

20

adjudication on which the authority for including that

21

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

22

reversed and the case dismissed; [or that]

23

(2)  the charge has been dismissed;

24

(3)  there has been a judgment of acquittal;

25

(4)  no charge was filed within the applicable time

<--

26

period statute of limitations; or

<--

27

(5)  the DNA sample, record or profile was included in

28

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

29

mistake.

30

(b)  Duty of State Police.--The State Police shall

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1

immediately purge all records and identifiable information in

2

the State DNA Data Bank or State DNA Data Base pertaining to the

3

person and destroy each sample, record and profile from the

4

person upon:

5

(1)  receipt of a [written request for expungement

6

pursuant to this section and a] certified copy of the final

7

court order reversing and dismissing the conviction; [or]

8

(1.1)  receipt of a certified copy of a final court order

9

establishing that the charge has been dismissed or has

10

resulted in an acquittal or that no charge was filed within

11

the applicable time period statute of limitations; or

<--

12

(2)  clear and convincing proof that the sample record or

13

profile was included by mistake.

14

* * *

15

Section 7.  Title 44 is amended by adding a section to read:

16

§ 2337.  Severability.

17

The provisions of this chapter are severable. If any

18

provision of this chapter or its application to any person or

19

circumstance is held invalid, the invalidity shall not affect

20

other provisions or applications of this chapter which can be

21

given effect without the invalid provision or application.

22

Section 8.  This act shall take effect in 270 days.

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