1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in general provisions
3relating to criminal proceedings, requiring saliva or tissue
4sample for DNA analysis after arrest for violent offense; and
5providing for DNA data bank exchange.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 42 of the Pennsylvania Consolidated
9Statutes is amended by adding sections to read:

10§ 8704. Saliva or tissue sample required for DNA analysis after
11arrest for violent offense.

12(a) Procedure.--

13(1) A person arrested for a violent offense shall have a
14sample of his saliva or tissue taken for DNA
15(deoxyribonucleic acid) analysis to determine identification
16characteristics specific to the person.

17(2) After a determination by a court that probable cause
18exists for the arrest, a sample shall be taken prior to the
19person's release from custody.

1(3) The analysis shall be performed by the Pennsylvania
2State Police or other entity designated by the Commissioner
3of Pennsylvania State Police.

4(4) The Pennsylvania State Police shall store and
5maintain the identification characteristics of the profile
6resulting from the DNA analysis in a DNA data bank and shall
7make identification characteristics available as provided in
8section 8705 (relating to DNA data bank exchange).

9(b) Notice of final disposition of the criminal
10proceedings.--

11(1) The clerk of courts shall notify the Pennsylvania
12State Police of the final disposition of the criminal
13proceedings involving a person subject to subsection (a). The
14notice shall occur within 60 days of the final disposition.

15(2) If the charge for which the sample was taken under
16subsection (a) is dismissed or the defendant is acquitted at
17trial, the Pennsylvania State Police shall destroy the sample
18and all records thereof, provided there is no other pending
19arrest or felony conviction that would otherwise require that
20the sample remain in the data bank.

21(c) Definition.--As used in this section "violent offense"
22means an offense under Title 18 (relating to crimes and
23offenses), including an attempt, conspiracy or solicitation to
24commit any such offense, which is punishable by imprisonment of
25more than one year and involves an act dangerous to human life
26or property.

27§ 8705. DNA data bank exchange.

28(a) Duties of Pennsylvania State Police.--

29(1) The Pennsylvania State Police shall receive blood,
30saliva or tissue samples and shall analyze, classify and file

1the results of DNA identification characteristics profiles of
2blood, saliva or tissue samples submitted under section 8704
3(relating to saliva or tissue sample required for DNA
4analysis after arrest for violent offense) and shall make
5such information available as provided in this section.

6(2) The results of an analysis and comparison of the
7identification characteristics from two or more blood, saliva
8or tissue samples shall be made available directly to
9Federal, State and local law enforcement officers upon
10request made in furtherance of an official investigation of
11any criminal offense.

12(3) (i) The Pennsylvania State Police shall confirm
13whether there is a DNA profile on file for a specific
14individual if a Federal, State or local law-enforcement
15officer requests that information in furtherance of an
16official investigation of any criminal offense.

17(ii) The request for information may be made by
18personal contact, mail or electronic means. The name of
19the requester and the purpose for which the information
20is requested shall be maintained on file with the
21Pennsylvania State Police.

22(4) The Pennsylvania State Police shall specify the
23positions in that agency which require regular access to the
24data bank and samples submitted as a necessary function of
25the job.

26(5) The Pennsylvania State Police shall create a
27separate statistical database comprised of DNA profiles of
28blood, saliva or tissue samples of persons whose identities
29are unknown.

30(b) Copy of request for information to be submitted to

1person charged.--At his request, a copy of the request for
2search shall be furnished to any person identified and charged
3with an offense as the result of a search of information in the
4data bank.

5(c) Fees.--The Pennsylvania State Police may charge a
6reasonable fee to search and provide a comparative analysis of
7DNA profiles in the data bank to any authorized law enforcement
8agency outside this Commonwealth.

9(d) Regulations.--The Pennsylvania State Police shall
10promulgate regulations governing:

11(1) The methods of obtaining information from the data
12bank in accordance with this section.

13(2) Procedures for verification of the identity and
14authority of a requester seeking information under this
15section.

16(e) Construction.--Nothing in this section shall be
17construed to prohibit the Pennsylvania State Police from sharing
18or otherwise disseminating the information in the statistical
19database with law enforcement or criminal justice agencies
20within or without this Commonwealth.

21Section 2. This act shall take effect in 60 days.