Bill Text: PA HB292 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for policy and for DNA sample; providing for collection from persons accepted from other jurisdictions; and further providing for procedures for withdrawal, collection and transmission of DNA samples and for expungement.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-06 - Referred to JUDICIARY [HB292 Detail]

Download: Pennsylvania-2009-HB292-Introduced.html

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PRINTER'S NO. 312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 292 Session of2009
INTRODUCED BY D. O'BRIEN, GILLESPIE, SONNEY, BAKER, BARRAR, BELFANTI, BISHOP, CARROLL, CLYMER, CONKLIN, CREIGHTON, DENLINGER, EVERETT, FLECK, FRANKEL, GEIST, GOODMAN, GRUCELA, HARHAI, HARKINS, HARPER, HELM, HESS, KOTIK, LONGIETTI, MICOZZIE, MOUL, MURT, O'NEILL, PHILLIPS, PICKETT, PRESTON, QUIGLEY, RAPP, READSHAW, REICHLEY, SABATINA, SAYLOR, SIPTROTH, K. SMITH, SOLOBAY, THOMAS, TRUE, VULAKOVICH AND WALKO, FEBRUARY 6, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2009
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, further providing for policy and for
DNA sample; providing for collection from persons accepted
from other jurisdictions; and further providing for
procedures for withdrawal, collection and transmission of DNA
samples and for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302(2) of Title 44 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
* * *
(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.
* * *
Section 2. Section 2316 heading, (a) and (b)(3) 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 drawn 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 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 immediately after the
sentencing or adjudication. If a DNA sample is not timely
drawn in accordance with this section, the DNA sample may be
drawn 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 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
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disposition unless and until a DNA sample has been
[withdrawn] drawn.
(b) Condition of release, probation or parole.--
* * *
(3) This chapter shall apply to incarcerated persons and
persons on probation or parole who were convicted or
adjudicated delinquent for other specified offenses prior to
the effective date of this paragraph[.] whether or not the
offense for which the person is currently imprisoned or under
probation or parole supervision is a felony sex offense or
other specified offense.
* * *
(c.1) Criminal charge or arrest.--Any person who is charged
or arrested as an adult for a felony sex offense or other
specified offense shall have a DNA sample drawn as follows:
(1) Any adult person arrested for a felony sex 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 prison, jail unit, juvenile
facility or other facility to be specified by the court to
provide DNA samples and fingerprints in accordance with this
chapter.
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* * *
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
through the Interstate Compact for Supervision of Adult
Offenders or under any other reciprocal agreement with any
Federal, state or county agency, or any other provision of law,
whether or not the person is confined or released, the
acceptance shall be conditioned on the offender providing DNA
samples under this chapter if the offender has a record of any
past or present conviction or adjudication that is substantially
similar to a felony sex offense or other specified offense from
any Federal, state or military court. Additional DNA samples
shall not be required if a DNA sample is currently on file with
CODIS or the DNA record.
(b) Time period.--
(1) If the person accepted under subsection (a) is not
confined, the DNA sample and fingerprints required by 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 as soon as practical
after receipt in a facility in this Commonwealth.
Section 4. Sections 2317(a)(1) and 2321(a) and (b) are
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amended to read:
§ 2317. Procedures for withdrawal, collection and transmission
of DNA samples.
(a) Drawing of DNA samples.--
(1) Each DNA sample required to be drawn pursuant to
[section] sections 2316 (relating to DNA sample required upon
arrest, conviction, delinquency adjudication and certain ARD
cases) and 2316.1 (relating to collection from 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 those individuals qualified to draw DNA samples
in a medically approved manner shall draw a DNA sample to be
submitted for DNA analysis. Such sample and the set of
fingerprints provided for in paragraph (2) shall be delivered
to the State Police within 48 hours of drawing the sample.
* * *
§ 2321. Expungement.
(a) General rule.--
(1) 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,
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record or profile was included in the State DNA Data Bank or
the State DNA Data Base by mistake.] if the person files the
request in writing with the State Police and any of the
following apply:
(i) The State Police receive, for each conviction of
the person of an offense the basis of which that analysis
was or could have been included in the State DNA Data
Bank or the State DNA Data Base, a certified copy of a
final court order establishing that the conviction has
been overturned.
(ii) The person has not been convicted of an offense
the basis of which that analysis was or could have been
included in the State DNA Data Bank or the State DNA Data
Base and the State Police receive, for each charge
against the person the basis of which the analysis was or
could have been included in the State DNA Data Bank or
the State DNA Data Base, a certified copy of a final
court order establishing that the charge has been
dismissed or has resulted in an acquittal or that no
charge was filed within the applicable time period.
(iii) The State Police receive clear and convincing
proof that the DNA sample, record or profile was included
in the State DNA Data Bank or the State DNA Data Base by
mistake.
(2) For purposes of this section, a court order is not
"final" if time remains for an appeal or application for
discretionary review with respect to the order.
(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
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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.] receipt of the applicable
documents and other materials required in subsection (a).
* * *
Section 5. This act shall take effect in 60 days.
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