PRINTER'S NO. 1648
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CUTLER, HENNESSEY, MILLER, KAUFFMAN, V. BROWN, MILLARD, SCHLOSSBERG, BOBACK, MOUL, YOUNGBLOOD, MAJOR, BISHOP, GINGRICH, HICKERNELL, CLYMER, WATSON, ROCK, COHEN, DENLINGER AND BENNINGHOFF, APRIL 30, 2013
REFERRED TO COMMITEE ON JUDICIARY, APRIL 30, 2013
8§ 2908. Missing children and other missing persons.
12(1) To investigate a report of a missing child
13immediately upon receipt of the report regardless of the age
14of the missing child or the circumstances surrounding the
15disappearance of the child. In no case shall law enforcement
16agencies impose a mandatory waiting period prior to
17commencing the investigation of a missing child.
1(2) When conducting a missing child investigation, to
2record all information relevant to the missing child and the
3circumstances surrounding the disappearance of the missing
4child on the appropriate law enforcement investigative
6(3) To make an entry into the Missing Persons File
7through the Commonwealth Law Enforcement Assistance Network
8(CLEAN) in accord with Pennsylvania State Police policy and
9procedures immediately upon receipt of sufficient
10identification information on the missing child.
11(3.1) To make an entry into the Unidentified Persons
12File through Commonwealth Law Enforcement Assistance Network
13(CLEAN) in accord with Pennsylvania State Police policy and
14procedures immediately upon:
18(ii) discovering an unidentified deceased child.
22(a.1) Unidentified deceased [children] persons.--Law
23enforcement agencies [and], coroners and medical examiners
24shall, with respect to unidentified deceased [children]
25persons, have the duty to make an entry into the Unidentified
26Deceased Person File through the Commonwealth Law Enforcement
27Assistance Network (CLEAN) in accordance with Pennsylvania
28State Police policy and procedures immediately upon observing
29or receiving any descriptive information on an unidentified
30deceased [child] person.
13(2) To provide any person notified under paragraph (1)
14(ii) with a copy of a release form prepared and distributed
15by the Pennsylvania State Police that authorizes a parent or
16other appropriate person to voluntarily provide a DNA sample
17or an appropriate personal article belonging to the missing
18person for purposes of DNA sampling. The release form shall
19explain that the results of any DNA analysis will be used
20solely for the purpose of identifying the missing person.
21(3) To submit any sample or item obtained under
22paragraph (1), as soon as practicable after receipt and
23verification of the status of the missing person, along with
24a copy of the missing person report, an executed release form
25and any supplemental information, to the Pennsylvania State
26Police in accord with Pennsylvania State Police policy and
1(d) Specific duties of the Pennsylvania State Police.--In
2addition to the duties set forth in subsections (a), (a.1) and
3(c), the Pennsylvania State Police shall have the following
4duties with respect to missing persons:
12(4) To conduct forensic DNA analysis of samples and
13items submitted under subsection (c) utilizing appropriate
14DNA typing tests, which include nuclear and mitochondrial DNA
15typing, and to include the results in any appropriate missing
16person or unidentified human remains database in accord with
17established policy and procedures.
25(1) Unless, within 90 days after a missing person is
26returned, located or positively identified, a district
27attorney provided notice to the Pennsylvania State Police
28that good cause exists to believe that a criminal offense has
29occurred relating to the disappearance of the missing person
30and that a submitted DNA sample or the results of any
1forensic DNA analysis conducted thereon may be evidence in
2the prosecution of the offense, all DNA samples received
3under subsection (c) and the results of any forensic analysis
4performed on the samples shall be destroyed within 30 days
5after the time for providing notice has expired.
9(3) If a prosecution of the stated offense is not
10commenced during the applicable period of limitations set
11forth in 42 Pa.C.S. Ch. 55 (relating to limitation of time),
12the DNA samples received under subsection (c) and the results
13of any forensic DNA analysis performed on the DNA samples
14shall be destroyed.
22(i) Law enforcement agencies.
23(ii) Coroners and medical examiners.
27(3) A person who collects, processes or stores a DNA
28sample from a living person for forensic DNA analysis under
29this section and who intentionally violates this subsection
30is liable to the living person who donated the DNA sample for
1civil damages in the amount of $5,000 for each violation.
2(g) Other forensic identification evidence.--
3(1) In addition to any other action taken, law
4enforcement agencies shall inform the person making the
5missing person report that the person may provide copies of
6the missing person's dental records or X-rays or both, for
7inclusion in the law enforcement agency's missing person
18"Child." A person under 18 years of age.
19"DNA." Deoxyribonucleic acid. DNA is located in the cells
20and provides an individual's personal genetic blueprint. DNA
21encodes genetic information that is the basis of human heredity
22and forensic identification.
26Section 2. This act shall take effect in 180 days.