Regular Session 2017-2018 Senate Bill 0916 P.N. 2086

HOUSE AMENDED

PRIOR PRINTER'S NO. 1535

PRINTER'S NO. 2086

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

916

Session of

2018

INTRODUCED BY GREENLEAF, BARTOLOTTA, RESCHENTHALER, YUDICHAK,

FARNESE, HAYWOOD, VOGEL, BREWSTER, SCARNATI, WHITE, BROWNE,

FONTANA, WARD, BOSCOLA AND LEACH, MARCH 15, 2018

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, OCTOBER 9, 2018

AN ACT

Amending Title TITLES 42 (Judiciary and Judicial Procedure) AND

44 (LAW AND JUSTICE) of the Pennsylvania Consolidated

Statutes, in post-trial matters, further providing for

postconviction DNA testing.; 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 finds and declares as follows:

(1) Postconviction DNA testing has exonerated wrongfully

convicted individuals and identified real perpetrators of

crimes.

(2) To the extent possible, DNA testing of evidence

before trial is encouraged to help prevent wrongful

convictions and to lead to earlier detection and conviction

of actual perpetrators.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9543.1 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 9543.1. Postconviction DNA testing.

(a) Motion.--

(1) An individual convicted of a criminal offense in a

court of this Commonwealth [and serving a term of

imprisonment or awaiting execution because of a sentence of

death] may apply by making a written motion to the sentencing

court at any time for the performance of forensic DNA testing

on specific evidence that is related to the investigation or

prosecution that resulted in the judgment of conviction.

(2) The evidence may have been discovered either prior

to or after the applicant's conviction. The evidence shall be

available for testing as of the date of the motion. If the

evidence was discovered prior to the applicant's conviction,

the evidence shall not have been subject to the DNA testing

requested because the technology for testing was not in

existence at the time of the trial or the applicant's counsel

did not seek testing at the time of the trial in a case where

a verdict was rendered on or before January 1, 1995, or the

evidence was subject to the testing, but newer technology

could provide substantially more accurate and substantially

probative results, or the applicant's counsel sought funds

from the court to pay for the testing because his client was

indigent and the court refused the request despite the

client's indigency.

(3) A request for DNA testing under this section shall

be by written petition and shall be filed with the clerk of

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courts of the judicial district where the sentence is

imposed.

(4) DNA testing may be sought at any time if the motion

is made in a timely manner and for the purpose of

demonstrating the applicant's actual innocence and not to

delay the execution of sentence or administration of justice.

(5) Notwithstanding any other provision of law, a plea

of guilty to a crime of violence, as defined in section

9714(g) (relating to sentences for second and subsequent

offenses), or a confession given by an applicant concerning

the offense for which the applicant was convicted, shall not

prohibit the applicant from asserting actual innocence under

subsection (c)(2) or the court from making a determination

and ordering DNA testing under subsection (d)(2).

(6) The motion shall explain how, after review of the

record of the applicant's trial, there is a reasonable

possibility if the applicant is under State supervision, or

there is a reasonable probability if the applicant is not

under State supervision, or after review of the record of the

applicant's guilty plea there is a reasonable probability,

that the testing would produce exculpatory evidence that

would establish :

(i) the applicant's actual innocence of the offense

for which the applicant was convicted;

(ii) in a capital case, the applicant's actual

innocence of the charged or uncharged conduct

constituting an aggravating circumstance under section

9711(d) (relating to sentencing procedure for murder of

the first degree) if the applicant's exoneration of the

conduct would result in vacating a sentence of death; or

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(iii) in a capital case, a mitigating circumstance

under section 9711(e)(7) under the circumstances set

forth in section 9711(c)(1)(iv).

(b) Notice to the Commonwealth.--

(1) Upon receipt of a motion under subsection (a), the

court shall notify the Commonwealth and shall afford the

Commonwealth an opportunity to respond to the motion.

(2) Upon receipt of a motion under subsection (a) or

notice of the motion, as applicable, the Commonwealth and the

court shall take the steps reasonably necessary to ensure

that any remaining biological material in the possession of

the Commonwealth or the court is preserved pending the

completion of the proceedings under this section.

penalty of perjury, the applicant shall:

(1) (i) specify the evidence to be tested;

(ii) state that the applicant consents to provide

samples of bodily fluid for use in the DNA testing; and

(iii) acknowledge that the applicant understands

that, if the motion is granted, any data obtained from

any DNA samples or test results may be entered into law

enforcement databases, may be used in the investigation

of other crimes and may be used as evidence against the

applicant in other cases.

(2) (i) in a sworn statement subject to the penalties

under 18 Pa.C.S. §§ 4902 (relating to perjury) and 4903

(relating to false swearing), assert the applicant's

actual innocence of the offense for which the applicant

was convicted and that the applicant seeks DNA testing

for the purpose of demonstrating the applicant's actual

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innocence; and

(ii) in a capital case:

(A) assert the applicant's actual innocence of

the charged or uncharged conduct constituting an

aggravating circumstance under section 9711(d)

[(relating to sentencing procedure for murder of the

first degree)] if the applicant's exoneration of the

conduct would result in vacating a sentence of death;

(B) assert that the outcome of the DNA testing

would establish a mitigating circumstance under

section 9711(e)(7) if that mitigating circumstance

was presented to the sentencing judge or jury and

facts as to that issue were in dispute at the

sentencing hearing.

(3) present a prima facie case demonstrating that the:

(i) identity of or the participation in the crime by

the perpetrator was at issue in the proceedings that

resulted in the applicant's conviction and sentencing;

and

(ii) DNA testing of the specific evidence, assuming

exculpatory results, would establish:

(A) the applicant's actual innocence of the

offense for which the applicant was convicted;

(B) in a capital case, the applicant's actual

innocence of the charged or uncharged conduct

constituting an aggravating circumstance under

section 9711(d) if the applicant's exoneration of the

conduct would result in vacating a sentence of death;

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under section 9711(e)(7) under the circumstances set

forth in [subsection (c)(1)(iv)] section 9711(c)(1)

(iv).

(d) Order.--

(1) Except as provided in paragraph (2), the court shall

order the testing requested in a motion under subsection (a)

under reasonable conditions designed to preserve the

integrity of the evidence and the testing process upon a

determination, after review of the record of the applicant's

trial, that the:

(i) requirements of subsection (c) have been met;

(ii) evidence to be tested has been subject to a

chain of custody sufficient to establish that it has not

been altered in any material respect; and

(iii) motion is made in a timely manner and for the

purpose of demonstrating the applicant's actual innocence

and not to delay the execution of sentence or

administration of justice.

(2) The court shall not order the testing requested in a

motion under subsection (a) if, after review of the record of

the applicant's trial, the court determines that there is no

reasonable possibility for an applicant under State

supervision, or there is no reasonable probability for an

applicant not under State supervision , or after review of the

record of the applicant's guilty plea, the court determines

that there is no reasonable probability, that the testing

would produce exculpatory evidence that:

(i) would establish the applicant's actual innocence

of the offense for which the applicant was convicted;

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(ii) in a capital case, would establish the

applicant's actual innocence of the charged or uncharged

conduct constituting an aggravating circumstance under

section 9711(d) if the applicant's exoneration of the

conduct would result in vacating a sentence of death; or

(iii) in a capital case, would establish a

mitigating circumstance under section 9711(e)(7) under

the circumstances set forth in [subsection (c)(1)(iv)]

section 9711(c)(1)(iv).

(3) Any DNA testing order under this section shall

constitute a final order. An applicant or the Commonwealth

may appeal a decision denying or granting a DNA testing order

in accordance with the Pennsylvania Rules of Appellate

Procedure.

(4) Any decision granting or denying a DNA testing order

shall include an explanation by the court of how the testing

requested in a motion under subsection (a) has met or fails

to have met the requirements under paragraphs (1), (2) and

(3).

(5) Upon determining the petitioner has met the

applicable burden established in paragraph (1) or (2), the

court may require the Commonwealth to prepare an inventory of

evidence related to the case and serve a copy of the

inventory to the prosecution, the applicant, the applicant's

attorney, if applicable, and the court. The inventory may

include, but not be limited to, a list of evidence collected

and forensic testing previously done relating to the evidence

and the names of agencies that conducted the forensic

testing.

(e) Testing procedures.--

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(1) Any DNA testing ordered under this section shall be

conducted by:

(i) a laboratory mutually selected by the

Commonwealth and the applicant;

(ii) a laboratory selected by the court that ordered

the testing if the Commonwealth and the applicant are

unable to agree on a laboratory[, a laboratory selected

by the court that ordered the testing]; or

(iii) if the applicant is indigent, the testing

shall be conducted by the Pennsylvania State Police or,

at the Pennsylvania State Police's sole discretion, by a

laboratory designated by the Pennsylvania State Police.

(2) The costs of any testing ordered under this section

shall be paid:

(i) by the applicant; or

(ii) in the case of an applicant who is indigent, by

the Commonwealth of Pennsylvania.

(3) [Testing conducted by the Pennsylvania State Police

shall be carried out in accordance with the protocols and

procedures established by the Pennsylvania State Police.] To

the extent possible and not inconsistent with best laboratory

practices, the testing shall be conducted in a manner that

ensures that some portion of the sample is preserved for

replication of testing. If the laboratory determines it may

be necessary to consume the entirety of any sample during

testing, the laboratory shall inform the prosecution, the

applicant and the applicant's attorney, if applicable, of its

recommendation and obtain the prosecution and the applicant's

consent before proceeding. If the prosecution and the

applicant do not consent, the court may issue any appropriate

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order before testing proceeds.

(4) If testing is performed by a private laboratory and

a DNA database search is anticipated, the applicant shall

ensure that the chosen laboratory is accredited by an

accreditation body that is a signatory to the International

Laboratory Accreditation Cooperation Mutual Recognition

Agreement that is designated by the Federal Bureau of

Investigation in accordance with 34 U.S.C. § 12591 (relating

to quality assurance and proficiency testing standards), that

requires conformance to forensic science requirements and

that the accreditation include DNA testing, and is compliant

with Federal Bureau of Investigation quality assurance

standards.

(5) When testing is performed by a private laboratory,

the public laboratory shall take all reasonable measures

before the testing is conducted to ensure that the results of

the testing may be entered into CODIS so that a comparison to

known offender or crime scene profiles may be made if the

laboratory and test results otherwise satisfy the criteria

for database entry.

(6) Testing conducted by the Pennsylvania State Police

shall be carried out in accordance with the protocols and

procedures established by the Pennsylvania State Police.

(7) To the extent possible, if communication with the

parties regarding the testing process and test results is

necessary, the testing laboratory shall communicate with

counsel for petitioner and the Commonwealth simultaneously.

(8) No direct communication involving the testing

laboratory without the inclusion of a representative of each

party shall occur.

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(f) Posttesting procedures.--

(1) After the DNA testing conducted under this section

has been completed, the applicant may, pursuant to section

9545(b)(2) (relating to jurisdiction and proceedings), during

the [60-day] one-year period beginning on the date on which

the applicant is notified of the test results, petition to

the court for postconviction relief pursuant to section

9543(a)(2)(vi) (relating to eligibility for relief).

(2) Upon receipt of a petition filed under paragraph

(1), the court shall consider the petition along with any

answer filed by the Commonwealth and shall conduct a hearing

thereon.

(3) In any hearing on a petition for postconviction

relief filed under paragraph (1), the court shall determine

whether the exculpatory evidence resulting from the DNA

testing conducted under this section would have changed the

outcome of the trial as required by section 9543(a)(2)(vi).

(4) If testing complies with Federal Bureau of

Investigation requirements and the data meets NDIS criteria,

profiles obtained from the testing shall be searched or

uploaded to CODIS.

(5) When testing is conducted by a private laboratory, a

court may order a public laboratory with access to CODIS to

take the necessary measures to ensure the DNA profile

obtained from probative biological material from crime scene

evidence can be uploaded to CODIS by the public laboratory.

Necessary measures may include requiring the public

laboratory to conduct a review of the private laboratory's

facilities or records to ensure that the private laboratory

complies with Federal Bureau of Investigation requirements

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regarding CODIS. If the private laboratory meets Federal

Bureau of Investigation and CODIS requirements, the court may

order the public laboratory to upload the DNA profile to

determine whether the profile matches a profile of a known

individual or a profile from an unsolved crime. The DNA

profile submitted to the databases must comply with the

Federal Bureau of Investigation requirements for the

uploading of DNA profiles to CODIS, and the Commonwealth

shall take all reasonable measures to ensure that the testing

complies with the requirements.

(6) If DNA testing conclusively identifies the DNA

profile of the applicant on probative and inculpatory

evidence, the court shall dismiss the petition and may make

any further orders that are appropriate. An order under this

paragraph may:

(i) direct that the Pennsylvania Board of Probation

and Parole be notified of the test results; or

(ii) mandate that the applicant's DNA profile be

added to the Commonwealth's convicted offender database.

(g) Effect of motion.--The filing of a motion for forensic

DNA testing pursuant to subsection (a) shall have the following

effect:

(1) The filing of the motion shall constitute the

applicant's consent to provide samples of bodily fluid for

use in the DNA testing.

(2) The data from any DNA samples or test results

obtained as a result of the motion may be entered into law

enforcement databases, may be used in the investigation of

other crimes and may be used as evidence against the

applicant in other cases.

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(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Applicant." The individual who files a motion under

subsection (a).

"CODIS." The Combined DNA Index System administered by the

Federal Bureau of Investigation that allows for the storage and

exchange of DNA records submitted by Federal, State and local

forensic DNA laboratories.

"DNA." Deoxyribonucleic acid.

"NDIS." The National DNA Index System which is the national

DNA database system of DNA records and meets Federal quality

assurance and privacy standards.

"Public laboratory." The Pennsylvania State Police Forensic

DNA Division, the Philadelphia Police Department Forensic

Science Bureau, the Allegheny County Medical Examiner's Office

or any other laboratory maintained by the Commonwealth with

access to CODIS.

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

SECTION 2. SECTIONS 2302, 2303, 2311(2), 2312, 2313, 2314,

2315 AND 2316 OF TITLE 44 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

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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:

"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

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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

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

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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

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

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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.

"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.

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(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).

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. CH. 55 SUBCH. B (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

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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 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

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.

20180SB0916PN2086 - 18 -

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.

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

20180SB0916PN2086 - 19 -

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

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

20180SB0916PN2086 - 20 -

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]

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.

20180SB0916PN2086 - 21 -

(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).

CRIMINAL CHARGE FOR A FELONY SEX OFFENSE OR OTHER SPECIFIED

OFFENSE, OTHER THAN AN OFFENSE ENUMERATED UNDER PARAGRAPH (4) OR

(6) OF THE DEFINITION OF "OTHER SPECIFIED OFFENSE" IN SECTION

2303 FILED AFTER JUNE 18, 2002, MAY 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] COLLECTED 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

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

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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 3. 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 PROVIDING A DNA SAMPLE UNDER THIS CHAPTER AND

FINGERPRINTS IF THE OFFENDER HAS A PAST OR PRESENT FEDERAL,

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

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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 SAMPLE 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 4. 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) [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] AND 2316.1 (RELATING TO COLLECTION FROM PERSONS

ACCEPTED FROM OTHER JURISDICTIONS) SHALL BE COLLECTED AS

20180SB0916PN2086 - 24 -

FOLLOWS:

(I) DNA SAMPLES FROM PERSONS WHO ARE INCARCERATED OR

CONFINED 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 SECTION 2316 OR 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

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.

* * *

20180SB0916PN2086 - 25 -

§ 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] FOR SAMPLES AND FORENSIC DNA

PROFILES AND RECORDS FROM ACCREDITED FORENSIC DNA

LABORATORIES WHICH SUBMIT DNA RECORDS TO THE STATE DNA DATA

BASE.

(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.

20180SB0916PN2086 - 26 -

* * *

(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 NON-LAW 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

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

20180SB0916PN2086 - 27 -

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.

(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.

(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

20180SB0916PN2086 - 28 -

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

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 DATA BASE UNDER THE FORMER DNA ACT, FORMER PROVISIONS

20180SB0916PN2086 - 29 -

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 OR 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

(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

20180SB0916PN2086 - 30 -

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 AN 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 A

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 OR 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

EXPUNGEMENT TO THE PERSON AND HIS ATTORNEY OF RECORD, IF ANY,

WITHIN 60 DAYS AFTER DESTROYING THE DNA SAMPLE, RECORD OR

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

20180SB0916PN2086 - 31 -

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.

(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 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

(2) THE AMENDMENT OF 42 PA.C.S. § 9543.1 SHALL TAKE

EFFECT IN 60 DAYS.

(3) 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.

(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 360

DAYS.

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