PRINTER'S NO. 363
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
374
Session of
2021
INTRODUCED BY BOSCOLA, MARCH 10, 2021
REFERRED TO JUDICIARY, MARCH 10, 2021
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for policy, for definitions and for DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302 of Title 44 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
(1) Forensic DNA testing is an important tool in
criminal investigations, 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
arrested, charged or convicted of certain crimes, especially
sex offenses, to provide genetic samples for DNA profiling.
(3) Moreover, it is the policy of the Commonwealth to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
assist Federal, State and local criminal justice and law
enforcement agencies in the identification and detection of
individuals in criminal investigations.
(4) It is in the best interest of the Commonwealth to
establish a DNA data base and a DNA data bank containing DNA
samples submitted by individuals arrested, charged, 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.
Section 2. The definition of "felony sex offense" in section
2303 of Title 44 is amended 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:
* * *
["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)(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.
Any offense graded as a felony requiring registration
20210SB0374PN0363 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).]
* * *
Section 3. Section 2316(a) heading and introductory
paragraph, (b) and (c) of Title 44 are amended and the section
is amended by adding a subsection to read:
§ 2316. DNA sample required upon arrest, conviction,
delinquency adjudication and certain ARD cases.
(a) [General rule] Conviction or adjudication.--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 collected as follows:
* * *
(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 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) 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[.]
20210SB0374PN0363 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
whether or not the offense for which the person is
currently imprisoned or under probation or parole
supervision is a felony offense or other specified
offense.
(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, 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
collection of a DNA sample.
(c.1) Criminal charge or arrest.--A person who is charged or
arrested as an adult for a felony offense or other specified
offense shall have a DNA sample drawn as follows:
(1) An adult person arrested for a felony offense or
other specified felony shall provide a DNA sample and
fingerprints as required under this chapter immediately
following arrest, during booking or intake or as soon as
administratively practical after arrest, but no later than
prior to release on bail or pending trial or any other
physical release from confinement or custody.
(2) If for any reason a person subject to this chapter
did not have DNA samples and fingerprints taken under
paragraph (1) or otherwise bypasses the State or county
prison system, the court shall order the person to report
within five calendar days to a prison, jail unit, juvenile
20210SB0374PN0363 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
facility or other facility to be specified by the court to
provide DNA samples and fingerprints in accordance with this
chapter.
* * *
Section 4. This act shall take effect in 60 days.
20210SB0374PN0363 - 5 -
1
2
3
4
5