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PRINTER'S NO. 676
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
663
Session of
2019
INTRODUCED BY MURT, STEPHENS, KORTZ, MILLARD AND DeLUCA,
MARCH 1, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to criminal proceedings, providing for saliva or
tissue sample required for DNA analysis after arrest for
violent offense and for DNA data bank exchange.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 8704. Saliva or tissue sample required for DNA analysis after
arrest for violent offense.
(a) Procedure.--
(1) A person arrested for a violent offense shall have a
sample of his saliva or tissue taken for DNA analysis to
determine identification characteristics specific to the
person.
(2) After a determination by a court that probable cause
exists for the arrest, a sample shall be taken prior to the
person's release from custody.
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(3) The DNA analysis shall be performed by the
Pennsylvania State Police or other entity designated by the
Commissioner of Pennsylvania State Police.
(4) The Pennsylvania State Police shall store and
maintain the identification characteristics of the profile
resulting from the DNA analysis in a DNA data bank and shall
make identification characteristics available as provided in
section 8705 (relating to DNA data bank exchange).
(b) Notice of final disposition of the criminal
proceedings.--
(1) The clerk of courts shall notify the Pennsylvania
State Police of the final disposition of the criminal
proceedings involving a person subject to subsection (a). The
notice shall occur within 60 days of the final disposition.
(2) If the charge for which the sample was taken under
subsection (a) is dismissed or the defendant is acquitted at
trial, the Pennsylvania State Police shall destroy the sample
and all records of the sample, provided there is no other
pending arrest or felony conviction that would otherwise
require that the sample remain in the data bank.
(c) Definition.--As used in this section, the term "violent
offense" means an offense under 18 Pa.C.S. (relating to crimes
and offenses), including an attempt, conspiracy or solicitation
to commit an offense, which is punishable by imprisonment of
more than one year and involves an act dangerous to human life
or property.
§ 8705. DNA data bank exchange.
(a) Duties of Pennsylvania State Police.--
(1) The Pennsylvania State Police shall receive blood,
saliva or tissue samples and shall analyze, classify and file
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the results of DNA identification characteristics profiles of
blood, saliva or tissue samples submitted under section 8704
(relating to saliva or tissue sample required for DNA
analysis after arrest for violent offense) and make the
information available as provided in this section.
(2) The results of an analysis and comparison of the
identification characteristics from two or more blood, saliva
or tissue samples shall be made available directly to
Federal, State and local law enforcement officers upon
request made in furtherance of an official investigation of
any criminal offense.
(3) (i) The Pennsylvania State Police shall confirm
whether there is a DNA profile on file for a specific
individual if a Federal, State or local law enforcement
officer requests that information in furtherance of an
official investigation of any criminal offense.
(ii) The request for information may be made by
personal contact, mail or electronic means. The name of
the requester and the purpose for which the information
is requested shall be maintained on file with the
Pennsylvania State Police.
(4) The Pennsylvania State Police shall specify the
positions in that agency which require regular access to the
data bank and samples submitted as a necessary function of
the job.
(5) The Pennsylvania State Police shall create a
separate statistical database comprised of DNA profiles of
blood, saliva or tissue samples of persons whose identities
are unknown.
(b) Copy of request for information to be submitted to
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person charged.--At the person's request, a copy of the request
for search shall be furnished to a person identified and charged
with an offense as the result of a search of information in the
data bank.
(c) Fees.--The Pennsylvania State Police may charge a
reasonable fee to search and provide a comparative analysis of
DNA profiles in the data bank to an authorized law enforcement
agency outside this Commonwealth.
(d) Regulations.--The Pennsylvania State Police shall
promulgate regulations governing:
(1) The methods of obtaining information from the data
bank in accordance with this section.
(2) Procedures for verification of the identity and
authority of a requester seeking information under this
section.
(e) Construction.--Nothing in this section shall be
construed to prohibit the Pennsylvania State Police from sharing
or otherwise disseminating the information in the statistical
database with law enforcement or criminal justice agencies
within or without this Commonwealth.
Section 2. This act shall take effect in 60 days.
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