PRINTER'S NO. 925
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
930
Session of
2021
INTRODUCED BY SCHLEGEL CULVER, MILLARD, PICKETT, HILL-EVANS,
R. BROWN, T. DAVIS, ZIMMERMAN, HOWARD AND WHEELAND,
MARCH 16, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2021
AN ACT
Amending Titles 18 (Crimes and Offenses) and 44 (Law and
Justice) of the Pennsylvania Consolidated Statutes, in
kidnapping, further providing for missing children; and, in
DNA data and testing, further providing for policy, for
definitions and for State DNA Data Base, providing for
collection of DNA in investigations of missing persons and
for collection of DNA in investigations of unidentified
decedents and further providing for DNA data base exchange.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2908(a) and (a.1) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 2908. Missing children.
(a) Duties of law enforcement agencies.--Law enforcement
agencies shall have the following duties with respect to missing
children:
(1) To investigate a report of a missing child
immediately upon receipt of the report regardless of the age
of the missing child or the circumstances surrounding the
disappearance of the child. In no case shall law enforcement
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agencies impose a mandatory waiting period prior to
commencing the investigation of a missing child.
(2) When conducting a missing child investigation, to
record all information relevant to the missing child and the
circumstances surrounding the disappearance of the missing
child on the appropriate law enforcement investigative
report.
(3) To make an entry into the Missing Persons File
through the Commonwealth Law Enforcement Assistance Network
(CLEAN) in accord with Pennsylvania State Police policy and
procedures immediately upon receipt of sufficient
identification information on the missing child.
(3.1) To make an entry into the Unidentified Persons
File through Commonwealth Law Enforcement Assistance Network
(CLEAN) in accord with Pennsylvania State Police policy and
procedures immediately upon:
(i) taking custody of an unidentified living child,
such as an infant, or a physically or mentally disabled
child; or
(ii) discovering an unidentified deceased child.
(3.2) To deliver any of the missing child's DNA to the
Pennsylvania State Police in accordance with 44 Pa.C.S. §
2316.2 (relating to collection of DNA in investigations of
missing persons) for DNA analysis and submission to the
National Missing and Unidentified Persons System.
(4) To insure timely cancellation of any entry made
pursuant to this section where the missing child has returned
or is located.
(a.1) Unidentified deceased children.--Law enforcement
agencies and coroners shall, with respect to unidentified
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deceased children, have the duty to collect DNA samples from the
unidentified deceased child and submit the DNA samples to the
Pennsylvania State Police in accordance with 44 Pa.C.S. § 2316.3
(relating to collection of DNA in investigations of unidentified
decedents) for law enforcement identification purposes and make
an entry into the Unidentified Deceased Person File through the
Commonwealth Law Enforcement Assistance Network (CLEAN) in
accordance with Pennsylvania State Police policy and procedures
immediately upon observing or receiving any descriptive
information on an unidentified deceased child.
* * *
Section 2. Section 2302 of Title 44 is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
(1) Forensic DNA testing is an important tool in
criminal investigations and investigations of missing persons
or unidentified decedents, in excluding innocent individuals
who are the subject of criminal investigations or
prosecutions and in 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 and investigations of
missing persons or unidentified decedents.
(4) It is in the best interest of the Commonwealth to
establish a DNA data base and a DNA data bank containing DNA
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samples submitted by individuals convicted of, adjudicated
delinquent for or accepted into ARD for felony sex offenses
and other specified offenses and containing DNA samples
collected as part of an investigation into missing persons or
unidentified decedents.
(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.
Section 3. Section 2303 of Title 44 is amended by adding a
definition to read:
§ 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:
* * *
"National Missing and Unidentified Persons System." A
national centralized repository and resource center for missing
persons, unidentified decedents and unclaimed decedents that is
maintained by the National Institute of Justice within the
United States Department of Justice.
* * *
Section 4. Section 2312 of Title 44 is amended to read:
§ 2312. State DNA Data Base.
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, the National Missing and
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Unidentified Persons System 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 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
on the frequency of DNA genotypes, quality control or the
development of new DNA identification methods[.]; and
( 4) missing persons and unidentified decedents.
Section 5. Title 44 is amended by adding sections to read:
§ 2316.2. Collection of DNA in investigations of missing
persons.
(a) Collection of DNA samples.--In an investigation of a
missing person, the law enforcement agency shall, within 30 days
of the receipt of a missing persons report or within 30 days of
the commencement of a missing persons investigation, whichever
is earlier, collect a DNA sample from available personal
articles belonging to the missing person for law enforcement
identification purposes.
(b) Submission of DNA samples.--Within 48 hours of the
collection under subsection (a), the DNA sample shall be
delivered to the Pennsylvania State Police for forensic DNA
analysis as provided in section 2318 (relating to procedures for
conduct, disposition and use of DNA analysis) and submission to
the National Missing and Unidentified Persons System as provided
in section 2319 (relating to DNA data base exchange), along with
the following information, if known to the investigating law
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enforcement agency:
(1) The name of the missing person.
(2) The age of the missing person.
(3) The sex of the missing person.
(4) The height and weight of the missing person.
(5) The race of the missing person.
(6) The last known location of the missing person.
(7) The date of last contact with the missing person.
(8) The circumstances of the disappearance of the
missing person.
§ 2316.3. Collection of DNA in investigations of unidentified
decedents.
(a) Collection of DNA samples.--Within 24 hours of
discovering an unidentified decedent, the investigating law
enforcement agency or coroner shall collect DNA samples from the
unidentified decedent for law enforcement identification
purposes.
(b) Submission of DNA samples.--Within 48 hours of the
collection under subsection (a), the DNA sample shall be
delivered by the law enforcement agency or coroner to the
Pennsylvania State Police for forensic DNA analysis as provided
in section 2318 (relating to procedures for conduct, disposition
and use of DNA analysis) and submission to the National Missing
and Unidentified Persons System as provided in section 2319
(relating to DNA data base exchange), along with the following
information, if known to the investigating law enforcement
agency or coroner:
(1) The estimated age of the unidentified decedent.
(2) The sex of the unidentified decedent.
(3) The height and weight of the unidentified decedent.
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(4) The race of the unidentified decedent.
(5) The location of the unidentified decedent's body.
(6) An inventory of the remains.
(7) The circumstances of the death of the unidentified
decedent.
(8) A physical description of the unidentified decedent,
including hair color, hair description, eye color,
distinctive physical features and clothing and accessories.
Section 6. Section 2319 of Title 44 is amended by adding a
subsection to read:
§ 2319. DNA data base exchange.
* * *
(a.2) National Missing and Unidentified Persons System.--Any
DNA record derived f rom a DNA sample collected in accordance
with section 2316.2 (relating to collection of DNA in
investigations of missing persons) or 2316.3 (relating to
collection of DNA in investigations of unidentified decedents)
shall be submitted to the National Missing and Unidentified
Persons System, along with any of the information delivered to
the Pennsylvania State Police in accordance with section
2316.2(b) or 2316.3(b).
* * *
Section 7. This act shall take effect in 60 days.
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