PRINTER'S NO. 1030
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
851
Session of
2015
INTRODUCED BY ZIMMERMAN, CUTLER, HICKERNELL, ROZZI, MILLARD,
WATSON, READSHAW, COHEN, MAJOR AND B. MILLER, MARCH 26, 2015
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 26, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in kidnapping, further providing for
duties relating to missing children and other missing
persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2908 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2908. Missing children and other missing persons.
(a) Duties of law enforcement agencies.--Law enforcement
agencies shall have the following duties with respect to missing
children:
(1) To investigate a report of a missing child
immediately upon receipt of the report regardless of the age
of the missing child or the circumstances surrounding the
disappearance of the child. In no case shall law enforcement
agencies impose a mandatory waiting period prior to
commencing the investigation of a missing child.
(2) When conducting a missing child investigation, to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
record all information relevant to the missing child and the
circumstances surrounding the disappearance of the missing
child on the appropriate law enforcement investigative
report.
(3) To make an entry into the Missing Persons File
through the Commonwealth Law Enforcement Assistance Network
(CLEAN) in accord with Pennsylvania State Police policy and
procedures immediately upon receipt of sufficient
identification information on the missing child.
(3.1) To make an entry into the Unidentified Persons
File through Commonwealth Law Enforcement Assistance Network
(CLEAN) in accord with Pennsylvania State Police policy and
procedures immediately upon:
(i) taking custody of an unidentified living child,
such as an infant, or a physically or mentally disabled
child; or
(ii) discovering an unidentified deceased child.
(4) To insure timely cancellation of any entry made
pursuant to this section where the missing child has returned
or is located.
(a.1) Unidentified deceased [children] persons.--Law
enforcement agencies [and], coroners and medical examiners
shall, with respect to unidentified deceased [children]
persons, have the duty to make an entry into the Unidentified
Deceased Person File through the Commonwealth Law Enforcement
Assistance Network (CLEAN) in accordance with Pennsylvania
State Police policy and procedures immediately upon observing
or receiving any descriptive information on an unidentified
deceased [child] person.
[(b) Definition.--As used in this section the term
20150HB0851PN1030 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"child" means a person under 18 years of age.]
(c) DNA submissions.--Law enforcement agencies shall have
the following duties with respect to missing persons:
(1) To inform the person making the missing person
report within 30 days of the receipt of the report of all of
the following:
(i) Any person making a missing person report may
provide an appropriate personal item belonging to the
missing person.
(ii) A parent or other appropriate person may submit
a DNA sample for forensic analysis.
(2) To provide any person notified under paragraph (1)
(ii) with a copy of a release form prepared and distributed
by the Pennsylvania State Police that authorizes a parent or
other appropriate person to voluntarily provide a DNA sample
or an appropriate personal article belonging to the missing
person for purposes of DNA sampling. The release form shall
explain that the results of any DNA analysis will be used
solely for the purpose of identifying the missing person.
(3) To submit any sample or item obtained under
paragraph (1), as soon as practicable after receipt and
verification of the status of the missing person, along with
a copy of the missing person report, an executed release form
and any supplemental information, to the Pennsylvania State
Police in accord with Pennsylvania State Police policy and
procedures.
(4) To immediately notify the Pennsylvania State Police
when any missing person on whose behalf a submission was made
under paragraph (3) is located or identified.
(d) Specific duties of the Pennsylvania State Police.--In
20150HB0851PN1030 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
addition to the duties set forth in subsections (a), (a.1) and
(c), the Pennsylvania State Police shall have the following
duties with respect to missing persons:
(1) To establish policy and procedures to implement the
requirements of this section.
(2) To develop a model kit to be used by law enforcement
to take DNA samples from parents or other appropriate
persons.
(3) To receive DNA samples and items submitted under
subsection (c).
(4) To conduct forensic DNA analysis of samples and
items submitted under subsection (c) utilizing appropriate
DNA typing tests, which include nuclear and mitochondrial DNA
typing, and to include the results in any appropriate missing
person or unidentified human remains database in accord with
established policy and procedures.
(5) To notify the submitting law enforcement agency when
a missing person is located or identified utilizing DNA.
(6) Except as provided in subsection (f), to maintain
the confidentiality of the results of forensic DNA analysis
conducted under this section.
(e) Use of DNA samples following a missing person's return,
location or positive identification.--
(1) Unless, within 90 days after a missing person is
returned, located or positively identified, a district
attorney provided notice to the Pennsylvania State Police
that good cause exists to believe that a criminal offense has
occurred relating to the disappearance of the missing person
and that a submitted DNA sample or the results of any
forensic DNA analysis conducted thereon may be evidence in
20150HB0851PN1030 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the prosecution of the offense, all DNA samples received
under subsection (c) and the results of any forensic analysis
performed on the samples shall be destroyed within 30 days
after the time for providing notice has expired.
(2) Notice from the district attorney shall specifically
state the offense which the district attorney has good cause
to believe has occurred.
(3) If a prosecution of the stated offense is not
commenced during the applicable period of limitations set
forth in 42 Pa.C.S. Ch. 55 (relating to limitation of time),
the DNA samples received under subsection (c) and the results
of any forensic DNA analysis performed on the DNA samples
shall be destroyed.
(f) Confidentiality.--
(1) Except as provided in paragraph (2), the results of
a forensic DNA analysis performed on a sample or item
submitted under subsection (c) are confidential.
(2) The Pennsylvania State Police may only disclose the
results of a forensic DNA analysis performed under this
section to:
(i) Law enforcement agencies.
(ii) Coroners and medical examiners.
(iii) A parent or other appropriate person
voluntarily providing a DNA sample or an article, under
subsection (c).
(3) A person who collects, processes or stores a DNA
sample from a living person for forensic DNA analysis under
this section and who intentionally violates this subsection
is liable to the living person who donated the DNA sample for
civil damages in the amount of $5,000 for each violation.
20150HB0851PN1030 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(g) Other forensic identification evidence.--
(1) In addition to any other action taken, law
enforcement agencies shall inform the person making the
missing person report that the person may provide copies of
the missing person's dental records or X-rays or both, for
inclusion in the law enforcement agency's missing person
investigative file.
(2) This subsection shall not apply if the missing
person's dental records or X-rays have previously been
obtained.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Appropriate personal item." An item of personal property
belonging to a missing person that is likely to contain the
missing person's DNA.
"Child." A person under 18 years of age.
"DNA." Deoxyribonucleic acid. DNA is located in the cells
and provides an individual's personal genetic blueprint. DNA
encodes genetic information that is the basis of human heredity
and forensic identification.
"DNA sample." A blood or tissue sample provided by a parent
or other appropriate person under this section for analysis or
storage, or both.
Section 2. This act shall take effect in 180 days.
20150HB0851PN1030 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25