PRIOR PRINTER'S NO. 1958
PRINTER'S NO. 1987
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1523
Session of
2017
INTRODUCED BY MARSICO, BAKER, O'NEILL, ENGLISH, JOZWIAK,
STEPHENS, M. K. KELLER, MILLARD, EVERETT, SACCONE, CORBIN,
A. HARRIS, KORTZ, BARBIN, STAATS, DeLUCA, ROTHMAN, KNOWLES,
TOPPER, TOOHIL, SCHEMEL, NESBIT, SAYLOR, PYLE, DELOZIER AND
D. COSTA, JUNE 9, 2017
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 13, 2017
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for policy, for definitions, for powers and duties
of State Police, for State DNA Data Base, for State DNA Data
Bank, for State Police recommendation of additional offenses,
for procedural compatibility with FBI and for DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases, providing for collection from persons
accepted from other jurisdictions and further providing for
procedures for withdrawal, collection and transmission of DNA
samples, for procedures for conduct, disposition and use of
DNA analysis, for DNA data base exchange and for expungement.
AMENDING TITLE 44 (LAW AND JUSTICE) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN DNA DATA AND TESTING, FURTHER
PROVIDING FOR POLICY, FOR DEFINITIONS, FOR POWERS AND DUTIES
OF STATE POLICE, FOR STATE DNA DATA BASE, FOR STATE DNA DATA
BANK, FOR STATE POLICE RECOMMENDATION OF ADDITIONAL OFFENSES,
FOR PROCEDURAL COMPATIBILITY WITH FBI AND FOR DNA SAMPLE
REQUIRED UPON CONVICTION, DELINQUENCY ADJUDICATION AND
CERTAIN ARD CASES, PROVIDING FOR COLLECTION FROM PERSONS
ACCEPTED FROM OTHER JURISDICTIONS AND FURTHER PROVIDING FOR
PROCEDURES FOR WITHDRAWAL, COLLECTION AND TRANSMISSION OF DNA
SAMPLES, FOR PROCEDURES FOR CONDUCT, DISPOSITION AND USE OF
DNA ANALYSIS, FOR DNA DATA BASE EXCHANGE AND FOR EXPUNGEMENT.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314,
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2315 and 2316 of Title 44 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
(1) [DNA data banks are] Forensic DNA testing is an
important tool in criminal investigations, in [the exclusion
of] excluding innocent individuals who are the subject of
criminal investigations or prosecutions and in [deterring and
detecting recidivist acts] detecting and deterring repeated
crimes by the same individual.
(2) Several states have enacted laws requiring persons
convicted of certain crimes, especially sex offenses, to
provide genetic samples for DNA profiling.
(3) Moreover, it is the policy of the Commonwealth to
assist Federal, State and local criminal justice and law
enforcement agencies in the identification and detection of
individuals in criminal investigations.
(4) It is therefore in the best interest of the
Commonwealth to establish a DNA data base and a DNA data bank
containing DNA samples submitted by individuals convicted of,
adjudicated delinquent for or accepted into ARD for felony
sex offenses and other specified offenses.
(5) It is in the best interest of the Commonwealth to
authorize the State Police to use DNA analysis and to
identify these individuals to a criminal justice agency in
certain cases.
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Accredited forensic DNA laboratory." A forensic DNA
laboratory that has received accreditation by an accrediting
body nationally recognized within the forensic science community
in accordance with the FBI Quality Assurance Standards to
perform forensic DNA testing and is in compliance with FBI
Quality Assurance Standards.
"ARD." Accelerated Rehabilitative Disposition.
"CODIS." The [term is derived from] Combined DNA Index
System[, the Federal Bureau of Investigation's national DNA
identification index system that allows the storage and exchange
of DNA records submitted by state and local forensic DNA
laboratories.] established and maintained by the Federal Bureau
of Investigation.
"Commissioner." The Commissioner of the Pennsylvania State
Police.
"Crime scene DNA profile." A DNA profile derived from a DNA
sample recovered from a victim, crime scene or item linked to a
crime, which may have originated from a perpetrator.
"Criminal justice agency." A criminal justice agency as
defined in 18 Pa.C.S. § 9102 (relating to definitions).
"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.] located in the chromosomes or
mitochondria of a living organism's cells .
"DNA record." A forensic DNA profile and identification
information stored in the State DNA Data Base or the Combined
DNA Index System for the purpose of [generating investigative
leads] identification or supporting statistical interpretation
of DNA test results. [The term includes nuclear and
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mitochondrial typing. The DNA record is the result obtained from
the DNA typing tests. The DNA record is comprised of the
characteristics of a DNA sample which are of value in
establishing the identity of individuals. The results of all DNA
identification tests on an individual's DNA sample are also
collectively referred to as the DNA profile of an individual.]
"DNA sample." [A blood or tissue sample provided by any
person with respect to offenses covered by this chapter or
submitted to the Pennsylvania State Police laboratory pursuant
to the former act of May 28, 1995 (1st Sp.Sess., P.L.1009,
No.14), known as the DNA Detection of Sexual and Violent
Offenders Act, to the former 42 Pa.C.S. Ch. 47 (relating to DNA
data and testing) or to this chapter for analysis or storage, or
both.] A sample of biological material suitable for forensic DNA
testing .
"FBI." The Federal Bureau of Investigation.
"Felony sex offense." A felony offense or an attempt,
conspiracy or solicitation to commit a felony offense under any
of the following:
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 4302 (relating to incest).
18 Pa.C.S. § [5902(c)(1)(iii) and (iv)] 5902(c)(1)(iv)
(relating to prostitution and related offenses).
18 Pa.C.S. § 5903(a) (relating to obscene and other
sexual materials and performances) where the offense
constitutes a felony.
[18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor) where the most serious underlying offense for which
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the defendant contacted the minor is graded as a felony.
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).]
Any offense graded as a felony requiring registration
under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
"Forensic DNA laboratory." A laboratory that performs
forensic DNA testing for the purposes of identification.
"Forensic DNA profile." The data set derived from forensic
DNA testing.
"Forensic DNA testing." A test that applies techniques from
molecular biology to analyze human deoxyribonucleic acid (DNA)
to identify data which meets the requirements for inclusion in
CODIS and the national DNA identification index system
administered by the FBI.
"Former DNA Act." The former act of May 28, 1995 (1st
Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual
and Violent Offenders Act.
"Fund." The DNA Detection Fund reestablished in section 2335
(relating to DNA Detection Fund).
"Human behavioral genetic research." The study of the
possible genetic underpinnings of behaviors, including, but not
limited to, aggression, substance abuse, social attitudes,
mental abilities, sexual activity and eating habits.
"Law enforcement identification purposes." Assisting in the
determination of the identity of an individual whose DNA is
contained in a biological sample.
"Mitochondrial DNA analysis." A method that applies
techniques from molecular biology to analyze DNA found in the
mitochondria of cells for the purpose of identification.
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"Other specified offense." Any of the following:
(1) A felony offense, other than a felony sex offense .
(2) [An offense under 18 Pa.C.S. § 2910 (relating to
luring a child into a motor vehicle or structure) or 3126
(relating to indecent assault) or an attempt to commit such
an offense.] (Reserved).
(3) [An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).] (Reserved).
(4) An offense under 18 Pa.C.S. (relating to crimes and
offenses) or 75 Pa.C.S. (relating to vehicles) that is graded
as a misdemeanor of the first degree.
(5) A misdemeanor offense requiring registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
(6) An offense graded as a misdemeanor of the second
degree under any of the following:
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2903 (relating to false imprisonment).
18 Pa.C.S. § 3127 (relating to indecent exposure).
18 Pa.C.S. Ch. 39 (relating to theft and related
offenses).
18 Pa.C.S. § 4105 (relating to bad checks).
18 Pa.C.S. § 4106 (relating to access device fraud).
18 Pa.C.S. § 4952 (relating to intimidation of
witnesses or victims).
18 Pa.C.S. § 4953 (relating to retaliation against
witness, victim or party).
18 Pa.C.S. § 4958 (relating to intimidation,
retaliation or obstruction in child abuse cases).
18 Pa.C.S. § 5121 (relating to escape).
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18 Pa.C.S. § 5126 (relating to flight to avoid
apprehension, trial or punishment).
18 Pa.C.S. § 5131 (relating to recruiting criminal
gang members).
18 Pa.C.S. § 5510 (relating to abuse of corpse).
18 Pa.C.S. § 5511 (relating to cruelty to animals).
18 Pa.C.S. § 5902 (relating to prostitution and
related offenses).
"State Police." The Pennsylvania State Police.
"Y chromosome analysis." A method that applies techniques
from molecular biology to examine DNA found on the Y chromosome.
§ 2311. Powers and duties of State Police.
In addition to any other powers and duties conferred by this
chapter, the State Police shall:
* * *
(2) Promulgate [rules and regulations], as necessary,
rules, regulations and guidelines to carry out the provisions
of this chapter.
* * *
§ 2312. State DNA Data Base.
[The State DNA Data Base is reestablished. It shall be
administered by the State Police and provide DNA records to the
FBI for storage and maintenance by CODIS.] A Statewide DNA Data
Base is reestablished within the State Police to store forensic
DNA profiles and records developed by or submitted to the State
Police under the former DNA Act, the former provisions of 42
Pa.C.S. Ch. 47 (relating to DNA data and testing) or to this
chapter, and to contribute forensic DNA profiles and records to
CODIS and the national DNA identification index system . The
State DNA Data Base shall have the capability provided by
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computer software and procedures administered by the State
Police to store and maintain [DNA records] forensic DNA profiles
and records related to:
(1) forensic casework;
(2) convicted or delinquency adjudicated offenders
required to provide a DNA sample under this chapter; and
(3) anonymous DNA records used for statistical research
[or] on the frequency of DNA genotypes, quality control or
the development of new DNA identification methods.
§ 2313. State DNA Data Bank.
The State DNA Data Bank is reestablished. It shall serve as
the repository of DNA samples collected under this chapter or
under prior law.
§ 2314. State Police recommendation of additional offenses and
annual report.
(a) Recommendation.--The State Police may recommend to the
General Assembly that it enact legislation for the inclusion of
additional offenses for which DNA samples shall be taken and
otherwise subjected to the provisions of this chapter. In
determining whether to recommend additional offenses, the State
Police shall consider those offenses for which DNA testing will
have a substantial impact on the detection and identification of
sex offenders and [violent] other offenders.
(b) Annual report.--No later than August 1 of each year, the
commissioner shall submit to the Governor's Office, the
chairperson and minority chairperson of the Judiciary Committee
of the Senate and the chairperson and minority chairperson of
the Judiciary Committee of the House of Representatives, a
written report containing information regarding the collection
and testing of DNA samples under the provisions of this chapter.
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The report must include, but need not be limited to, the
following information pertaining to the previous fiscal year:
(1) The age, race and sex of those convicted from whom
DNA samples were submitted upon conviction.
(2) The fiscal impact on the State Police of collecting
and testing DNA samples from persons convicted of or
adjudicated delinquent for offenses.
(3) The average length of time between the receipt of
DNA samples from those convicted of offenses and the
completion of forensic DNA testing of each of those
categories of DNA samples.
(4) Recommendations, if any, under this section for the
inclusion of additional offenses for which DNA samples must
be collected or recommendations for the removal of specific
offenses from the categories requiring the collection of DNA
samples from arrestees or persons convicted of crimes.
§ 2315. Procedural compatibility with FBI.
The DNA identification system [as] established by the State
Police shall [be compatible] comply with [the procedures
specified by] the FBI Quality Assurance Standards for forensic
DNA testing laboratories and DNA data basing laboratories and
CODIS policies and procedures, including use of comparable test
procedures, laboratory equipment, supplies and computer
software.
§ 2316. DNA sample required upon conviction, delinquency
adjudication and certain ARD cases.
(a) General rule.--A person who is convicted or adjudicated
delinquent for a felony sex offense or other specified offense
or who is or remains incarcerated for a felony sex offense or
other specified offense on or after the effective date of this
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chapter shall have a DNA sample [drawn] collected as follows:
(1) A person who is sentenced or receives a delinquency
disposition to a term of confinement for an offense covered
by this subsection shall have a DNA sample [drawn] collected
upon intake to a prison, jail or juvenile detention facility
or any other detention facility or institution. If the person
is already confined at the time of sentencing or
adjudication, the person shall have a DNA sample [drawn]
collected immediately after the sentencing or adjudication.
If a DNA sample is not timely [drawn] collected in accordance
with this section, the DNA sample may be [drawn] collected
any time thereafter by the prison, jail, juvenile detention
facility, detention facility or institution.
(2) A person who is convicted or adjudicated delinquent
for an offense covered by this subsection shall have a DNA
sample [drawn] collected as a condition for any sentence or
adjudication which disposition will not involve an intake
into a prison, jail, juvenile detention facility or any other
detention facility or institution.
(3) Under no circumstances shall a person who is
convicted or adjudicated delinquent for an offense covered by
this subsection be released in any manner after such
disposition unless and until a DNA sample [has been
withdrawn] and fingerprints have been collected.
(b) Condition of release, probation or parole.--
(1) A person who has been convicted or adjudicated
delinquent for a felony sex offense or other specified
offense and who serves a term of confinement in connection
therewith after June 18, 2002, shall not be released in any
manner unless and until a DNA sample has been [withdrawn]
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collected.
(2) This chapter shall apply to incarcerated persons
convicted or adjudicated delinquent for a felony sex offense
or other specified offense prior to June 19, 2002.
(3) [This] The following shall apply:
(i) Except as provided under subparagraph (ii), this
chapter shall apply to incarcerated persons and persons
on probation or parole who were convicted or adjudicated
delinquent for a felony sex offense or other specified
offenses prior to the effective date of this paragraph.
(ii) Subparagraph (i) shall not apply to persons
convicted or adjudicated delinquent of an offense
enumerated under paragraph (4) or (6) of the definition
of "other specified offense" in section 2303 (relating to
definitions).
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for a felony sex offense or other specified
offense filed after June 18, 2002, [may] shall be conditioned
upon the [giving] collection of a DNA sample.
(d) Supervision of DNA samples.--All DNA samples [taken]
collected pursuant to this section shall be taken in accordance
with rules, regulations and guidelines promulgated by the State
Police in consultation with the Department of Corrections.
(d.1) Mandatory submission.--The requirements of this
chapter are mandatory and apply regardless of whether a court
advises a person that a DNA sample must be provided to the State
DNA Data Base and the State DNA Data Bank as a result of a
conviction or adjudication of delinquency. A person who has been
sentenced to death or life imprisonment without the possibility
of parole or to any term of incarceration is not exempt from the
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requirements of this chapter. Any person subject to this chapter
who has not provided a DNA sample for any reason, including
because of an oversight or error, shall provide a DNA sample for
inclusion in the State DNA Data Base and the State DNA Data Bank
after being notified by authorized law enforcement or
corrections personnel. If a person provides a DNA sample which
is not adequate for any reason, the person shall provide another
DNA sample for inclusion in the State DNA Data Base and the
State DNA Data Bank after being notified by authorized law
enforcement or corrections personnel. The DNA sample may be
collected under this chapter but shall not be required if the
authorized law enforcement or corrections official confirms that
a DNA sample from the person has already been validly collected
and provided to the State DNA Data Bank and a DNA record for the
person exists in the State DNA Data Base .
(e) Definition.--As used in this section, the term
"released" means any release, parole, furlough, work release,
prerelease or release in any other manner from a prison, jail,
juvenile detention facility or any other place of confinement.
Section 2. Title 44 is amended by adding a section to read:
§ 2316.1. Collection from persons accepted from other
jurisdictions.
(a) Conditional acceptance.--When a person is accepted into
this Commonwealth for supervision from another jurisdiction
under the Interstate Compact for Supervision of Adult Offenders,
other reciprocal agreement with a Federal, state or county
agency, or a provision of law, whether or not the person is
confined or released, the acceptance shall be conditioned on the
offender's providing DNA samples under this chapter and
fingerprints if the offender has a past or present Federal,
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state or military court conviction or adjudication that is
equivalent to a felony sex offense or other specified offense as
determined by the Pennsylvania Board of Probation and Parole.
Additional DNA samples may be collected but shall not be
required if the supervising agency or place of confinement
confirms that a DNA sample is currently on file with the State
DNA Data Bank and a DNA record for the person exists in the
State DNA Data Base.
(b) Time period.--
(1) If the person accepted under subsection (a) is not
confined, the DNA sample and fingerprints required under this
chapter shall be provided within five calendar days after the
person reports to the supervising agent or within five
calendar days of notice to the person, whichever occurs
first. The person shall appear and the DNA samples shall be
collected in accordance with the provisions of this chapter.
(2) If the person accepted under subsection (a) is
confined, the person shall provide the DNA sample and
fingerprints required by this chapter within five calendar
days after the person is received at a place of incarceration
or confinement.
Section 3. Sections 2317 heading, (a) and (b), 2318(a) and
(c), 2319 and 2321 of Title 44 are amended to read:
§ 2317. Procedures for [withdrawal,] collection and
transmission of DNA samples.
(a) [Drawing] Collection of DNA samples.--
(1) Each DNA sample required to be [drawn] collected
pursuant to [section] sections 2316 (relating to DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases) and 2316.1 (relating to collection from
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persons accepted from other jurisdictions) [from persons who
are incarcerated or confined shall be drawn at the place of
incarceration or confinement as provided for in section 2316.
DNA samples from persons who are not ordered or sentenced to
a term of confinement shall be drawn at a prison, jail unit,
juvenile facility or other facility to be specified by the
court. Only] shall be collected as follows:
(i) From persons who are incarcerated or confined,
the DNA sample shall be collected at the place of
incarceration or confinement as provided in section 2316
or 2316.1.
(ii) DNA samples from persons who are not ordered to
be or are not currently incarcerated or confined shall be
collected as provided in sections 2316 and 2316.1 or at a
prison, jail unit, juvenile facility or other facility
specified by the court or supervising agency.
(iii) For DNA blood samples, only those individuals
qualified to draw DNA blood samples in a medically
approved manner shall draw a DNA blood sample to be
submitted for DNA analysis. [Such sample]
(iv) DNA samples and the set of fingerprints
provided for in paragraph (2) shall be delivered to the
State Police within 48 hours of [drawing] collecting the
sample.
(2) In addition to the DNA sample, a full set of
fingerprints shall be taken from the person from whom the DNA
sample is being [drawn] collected for the exclusive purpose
of verifying the identity of such person.
(b) Limitation on liability.--Persons authorized to [draw]
collect DNA samples under this section shall not be criminally
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liable for withdrawing a DNA sample and transmitting test
results pursuant to this chapter if they perform these
activities in good faith and shall not be civilly liable for
such activities when the person acted in a reasonable manner
according to generally accepted medical and other professional
practices.
* * *
§ 2318. Procedures for conduct, disposition and use of DNA
analysis.
(a) Procedures.--
(1) The State Police shall [prescribe] promulgate, as
necessary, rules, regulations and guidelines to implement
this chapter, including procedures to be used in the
collection, submission, identification, analysis, storage and
disposition of DNA samples and [typing results of] forensic
DNA profiles and records from DNA samples submitted under the
former DNA Act, former provisions of 42 Pa.C.S. Ch. 47
(relating to DNA data and testing) or this chapter.
(2) The [DNA sample typing] results of forensic DNA
testing shall be securely stored in the State DNA Data Base,
and records of testing shall be retained on file with the
State Police consistent with the procedures established by
the FBI[.] Quality Assurance Standards for forensic DNA
testing laboratories and DNA data basing laboratories and
CODIS policies and procedures.
(3) These procedures shall also include quality
assurance guidelines [to ensure that DNA identification
records meet standards] for samples and forensic DNA profiles
and records from accredited forensic DNA laboratories which
submit DNA records to the State DNA Data Base.
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(4) The rules, regulations and guidelines shall address
the following:
(i) Verification of accreditation.
(ii) Compliance with FBI Quality Assurance
Standards, including continuing education requirements
for the personnel of forensics DNA testing laboratories.
* * *
(c) Use of tests.--
(1) Except as otherwise provided in section 2319(c)
(relating to DNA data base exchange), the tests to be
performed on each DNA sample shall be used only for law
enforcement identification purposes or to assist in the
recovery or identification of human remains from disasters or
for other humanitarian identification purposes, including
identification of missing persons.
(2) A DNA sample or DNA record acquired under this
chapter may not be used for human behavioral genetic research
or for nonlaw enforcement or nonhumanitarian identification
purposes.
* * *
§ 2319. DNA data base exchange.
(a) Receipt of DNA samples by State Police.--It shall be the
duty of the State Police to [receive]:
(1) Receive and store DNA samples, [to store,] to
perform [analysis] forensic DNA testing or to contract for
[DNA typing analysis] testing with [a qualified] an
accredited forensic DNA laboratory that meets the
[guidelines] rules, regulations and guidelines under section
2318 (relating to procedures for conduct, disposition and use
of DNA analysis) as established by the State Police[, to
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classify and to file the DNA record of identification
characteristic profiles of].
(2) Store forensic DNA records from DNA samples
submitted under the former DNA Act, former provisions of 42
Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
chapter and to make such information available as provided in
this section.
(a.1) Contracts.--The State Police may contract [out the
storage of DNA typing analysis and may contract out] for DNA
[typing analysis] testing to [a qualified] an accredited
forensic DNA laboratory that meets the rules, regulations and
guidelines as established by the State Police under section
2318. [The results of the DNA profile of individuals] DNA
records in the State DNA Data Base shall be made available:
(1) to criminal justice agencies or [approved crime]
CODIS-participating DNA laboratories which serve these
agencies; or
(2) upon written or electronic request and in
furtherance of an official investigation of a criminal
offense or offender or suspected offender.
(b) Methods of obtaining information.--The State Police
shall [adopt] promulgate, as necessary, rules, regulations and
guidelines governing the methods of obtaining information from
the State DNA Data Base and CODIS and procedures for
verification of the identity and authority of the requester.
(c) Population data base.--
(1) The State Police may establish a separate population
data base comprised of forensic DNA [samples] profiles
obtained under this chapter after all personal identification
is removed.
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(2) The State Police may share or disseminate the
population data base with other criminal justice agencies or
[crime] CODIS-participating DNA laboratories that serve to
assist the State Police with statistical data bases.
(3) The population data base may be made available to
and searched by other agencies participating in the CODIS
system.
§ 2321. Expungement.
[(a) General rule.--A person whose DNA sample, record or
profile has been included in the State DNA Data Bank or the
State DNA Data Base pursuant to the former DNA Act, former 42
Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
chapter may request expungement on the grounds that the
conviction or delinquency adjudication on which the authority
for including that person's DNA sample, record or profile was
based has been reversed and the case dismissed or that the DNA
sample, record or profile was included in the State DNA Data
Bank or the State DNA Data Base by mistake.
(b) Duty of State Police.--The State Police shall purge all
records and identifiable information in the State DNA Data Bank
or State DNA Data Base pertaining to the person and destroy each
sample, record and profile from the person upon:
(1) receipt of a written request for expungement
pursuant to this section and a certified copy of the final
court order reversing and dismissing the conviction; or
(2) clear and convincing proof that the sample record or
profile was included by mistake.]
(a) General rule.--A person whose DNA sample, record or
profile has been included in the State DNA Data Bank or the
State DNA Data Base under the former DNA Act, former provisions
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of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
chapter may have the DNA sample, record or profile expunged in
accordance with this section.
(b) Removal by request.--A person whose DNA sample, record
or profile has been included in the State DNA Data Bank or the
State DNA Date Base under the former DNA Act, former provisions
of 42 Pa.C.S. Ch. 47 or this chapter may file a written request
with the State Police that the DNA sample, record or profile be
removed on the grounds that the DNA sample, record or profile
was included in the State DNA Data Bank or the State DNA Data
Base by mistake. If the State Police grants the request, the
request shall be processed at no cost and the State Police shall
provide written notice of the removal to the person and his
attorney of record, if any, within 60 days after destroying the
DNA sample, record and profile. If the State Police denies the
request, the person may request expungement of the DNA sample,
record or profile under subsection (b.1).
(b.1) Expungement by court order.--The following shall
apply:
(1) Except as provided under paragraph (2), a person may
request the court of common pleas of the county where the
original charges were filed to issue an order directing the
expungement of the DNA sample, record or profile pertaining
to the person in the State DNA Data Bank or the State DNA
Data Base in the following instances:
(i) the conviction or delinquency adjudication for
which the person's DNA sample was collected has been
reversed and no appeal is pending;
(ii) the person was granted an unconditional pardon
for the crime for which the DNA sample was taken; or
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(iii) the DNA sample, record or profile was included
in the State DNA Data Bank or State DNA Data Base by
mistake and the State Police has erroneously refused to
grant the person's request for removal under subsection
(b).
(2) Paragraph (1) shall not apply if the person has been
convicted or adjudicated delinquent for any other crime for
which a DNA sample is required to be collected under this
chapter.
(3) The court shall give 10 days' prior notice to the
district attorney of the county where the original charges
were filed of any application for expungement under this
subsection.
(4) Notwithstanding any other law or rule of court, the
court shall have no authority to order the expungement of any
DNA sample, record or profile in the State DNA Data Bank or
the State DNA Data Base except as provided under this
subsection.
(b.2) Expungement reporting.--The court shall forward a
certified copy of an expungement order issued under subsection
(b.1) to the State Police.
(b.3) Duties of State Police.--The following shall apply:
(1) Upon receipt of an expungement order issued under
subsection (b.1), the State Police shall destroy the DNA
sample, record and profile in the State DNA Data Bank and the
State DNA Data Base pertaining to a person identified in an
expungement order.
(2) The expungement shall be processed at no cost to the
person from whom the DNA sample was taken.
(3) The State Police shall provide written notice of the
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expungement to the person and his attorney of record, if any,
within 60 days after destroying the DNA sample, record and
profile.
(4) The State Police shall publish information regarding
the eligibility requirements for expungement under this
section and the steps necessary to obtain an expungement
under this section on the State Police's publicly accessible
Internet website. The State Police shall publish the
information in at least two commonly accessible formats, such
as HyperText Markup Language and Portable Document Format.
(c) Limitations.--
(1) An incarcerated or previously incarcerated person
may not seek expungement of a DNA sample, record or profile
on the ground that that person was convicted or adjudicated
delinquent for a felony sex offense prior to July 27, 1995.
(2) A person may not seek expungement of a DNA sample,
record or profile on the ground that that person was
convicted or adjudicated delinquent for one of the other
specified offenses prior to the effective date of the former
DNA Act or this chapter.
(d) Effect of expungement.--The expungement of a DNA sample,
record or profile pursuant to this section shall have no effect
on any data bank or data base match or partial match occurring
prior to the expungement of the sample, record or profile.
Section 4. This act shall take effect as follows:
(1) This section shall take effect in 180 days.
(2) The addition of paragraphs (4) and (6) of the
definition of "other specified offense" in 44 Pa.C.S. § 2303
shall take effect December 1, 2019.
(3) The remainder of this act shall take effect in 180
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days.
SECTION 1. SECTIONS 2302, 2303, 2311(2), 2312, 2313, 2314,
2315 AND 2316 OF TITLE 44 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES ARE AMENDED TO READ:
§ 2302. POLICY.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(1) [DNA DATA BANKS ARE] FORENSIC DNA TESTING IS AN
IMPORTANT TOOL IN CRIMINAL INVESTIGATIONS, IN [THE EXCLUSION
OF] EXCLUDING INNOCENT INDIVIDUALS WHO ARE THE SUBJECT OF
CRIMINAL INVESTIGATIONS OR PROSECUTIONS AND IN [DETERRING AND
DETECTING RECIDIVIST ACTS] DETECTING AND DETERRING REPEATED
CRIMES BY THE SAME INDIVIDUAL.
(2) SEVERAL STATES HAVE ENACTED LAWS REQUIRING PERSONS
CONVICTED OF CERTAIN CRIMES, ESPECIALLY SEX OFFENSES, TO
PROVIDE GENETIC SAMPLES FOR DNA PROFILING.
(3) MOREOVER, IT IS THE POLICY OF THE COMMONWEALTH TO
ASSIST FEDERAL, STATE AND LOCAL CRIMINAL JUSTICE AND LAW
ENFORCEMENT AGENCIES IN THE IDENTIFICATION AND DETECTION OF
INDIVIDUALS IN CRIMINAL INVESTIGATIONS.
(4) IT IS [THEREFORE] IN THE BEST INTEREST OF THE
COMMONWEALTH TO ESTABLISH A DNA DATA BASE AND A DNA DATA BANK
CONTAINING DNA SAMPLES SUBMITTED BY INDIVIDUALS CONVICTED OF,
ADJUDICATED DELINQUENT FOR OR ACCEPTED INTO ARD FOR FELONY
SEX OFFENSES AND OTHER SPECIFIED OFFENSES.
(5) IT IS IN THE BEST INTEREST OF THE COMMONWEALTH TO
AUTHORIZE THE STATE POLICE TO USE DNA ANALYSIS AND TO
IDENTIFY THESE INDIVIDUALS TO A CRIMINAL JUSTICE AGENCY IN
CERTAIN CASES.
§ 2303. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ACCREDITED FORENSIC DNA LABORATORY." A FORENSIC DNA
LABORATORY THAT HAS RECEIVED ACCREDITATION BY AN ACCREDITING
BODY NATIONALLY RECOGNIZED WITHIN THE FORENSIC SCIENCE COMMUNITY
IN ACCORDANCE WITH THE FBI QUALITY ASSURANCE STANDARDS TO
PERFORM FORENSIC DNA TESTING AND IS IN COMPLIANCE WITH FBI
QUALITY ASSURANCE STANDARDS.
"ARD." ACCELERATED REHABILITATIVE DISPOSITION.
"CODIS." THE [TERM IS DERIVED FROM] COMBINED DNA INDEX
SYSTEM[, THE FEDERAL BUREAU OF INVESTIGATION'S NATIONAL DNA
IDENTIFICATION INDEX SYSTEM THAT ALLOWS THE STORAGE AND EXCHANGE
OF DNA RECORDS SUBMITTED BY STATE AND LOCAL FORENSIC DNA
LABORATORIES.] ESTABLISHED AND MAINTAINED BY THE FEDERAL BUREAU
OF INVESTIGATION.
"COMMISSIONER." THE COMMISSIONER OF THE PENNSYLVANIA STATE
POLICE.
"CRIME SCENE DNA PROFILE." A DNA PROFILE DERIVED FROM A DNA
SAMPLE RECOVERED FROM A VICTIM, CRIME SCENE OR ITEM LINKED TO A
CRIME, WHICH MAY HAVE ORIGINATED FROM A PERPETRATOR.
"CRIMINAL JUSTICE AGENCY." A CRIMINAL JUSTICE AGENCY AS
DEFINED IN 18 PA.C.S. § 9102 (RELATING TO DEFINITIONS).
"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] LOCATED IN THE CHROMOSOMES OR
MITOCHONDRIA OF A LIVING ORGANISM'S CELLS.
"DNA RECORD." A FORENSIC DNA PROFILE AND IDENTIFICATION
INFORMATION STORED IN THE STATE DNA DATA BASE OR THE COMBINED
DNA INDEX SYSTEM FOR THE PURPOSE OF [GENERATING INVESTIGATIVE
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