Bill Text: PA SB775 | 2011-2012 | Regular Session | Amended

---

Bill Title: 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; further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analysis, providing for request for modified DNA search; and further providing for DNA data base exchange, for expungement and for mandatory cost.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Engrossed - Dead) 2012-10-24 - Referred to RULES [SB775 Detail]

Download: Pennsylvania-2011-SB775-Amended.html

---

PRIOR PRINTER'S NOS. 863, 1602, 1826, 2417, 2491 PRINTER'S NO. 2506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 775 Session of2011
INTRODUCED BY PILEGGI, GREENLEAF, RAFFERTY, ERICKSON, YAW, PIPPY, LEACH, VANCE, SOLOBAY, WARD AND BROWNE, MARCH 15, 2011
SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 17, 2012
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania <--
Consolidated Statutes, 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; further providing for
procedures for withdrawal, collection and transmission of DNA
samples, for procedures for conduct, disposition and use of
DNA analysis and for DNA data base exchange, for expungement
and for mandatory cost.
Amending Title 44 (Law and Justice) of the Pennsylvania <--
Consolidated Statutes, 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; further providing for
procedures for withdrawal, collection and transmission of DNA
samples, for procedures for conduct, disposition and use of
DNA analysis; providing for request for modified DNA search;
and further providing for DNA data base exchange, for
expungement and for mandatory cost.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314, <--
2315 and 2316 of Title 44 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
(1) DNA data banks are 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
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 criminal
homicides, 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:
20110SB0775PN2506 - 2 -
"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
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 homicide." Any of the following:
(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
(2) 18 Pa.C.S. § 2502 (relating to murder).
(3) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(4) 18 Pa.C.S. § 2504 (relating to involuntary
manslaughter), when the offense is graded as a felony.
(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
suicide), when the offense is graded as a felony.
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
20110SB0775PN2506 - 3 -
law enforcement officer).
(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
unborn child).
(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
child).
(10) 18 Pa.C.S. § 2605 (relating to voluntary
manslaughter of unborn child).
"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]
located in the chromosomes or mitochondria of a living
organism's cells which encodes genetic information that is the
basis of human heredity and forensic identification.
"DNA record." 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 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
20110SB0775PN2506 - 4 -
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 DNA
analysis.
"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. § 3130 (relating to conduct relating to sex
offenders).
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 testing." A test that applies techniques from
20110SB0775PN2506 - 5 -
molecular biology to analyze deoxyribonucleic acid (DNA) to
identify characteristics unique to a particular individual.
"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.
"Other specified offense." Any of the following:
(1) A felony offense, other than criminal homicide or 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.
(3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).]
(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
assault).
(5) 18 Pa.C.S. § 2902(a) (relating to unlawful
restraint).
20110SB0775PN2506 - 6 -
(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
trespass).
(7) 18 Pa.C.S. § 4303 (relating to concealing death of
child).
(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
children).
(9) A misdemeanor offense requiring registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
"State Police." The Pennsylvania State Police.
"Y chromosome analysis." A method that applies techniques
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 established within the State Police to store DNA records
from DNA samples submitted for analysis and storage to the State
Police laboratory under the former DNA Act, the former
provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
testing) or to this chapter, and to provide DNA records to
CODIS. The State DNA Data Base shall have the capability
20110SB0775PN2506 - 7 -
provided by computer software and procedures administered by the
State Police to store and maintain DNA records related to:
(1) forensic casework;
(2) [convicted] 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.
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 majority
and minority chairmen of the Senate Judiciary Committee and the
majority and minority chairmen of the House Judiciary Committee,
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
20110SB0775PN2506 - 8 -
following information pertaining to the previous fiscal year:
(1) The number of DNA samples collected at arrest.
(2) The number of DNA samples collected at arrest that
contributed to the filing of charges in or the closing of
investigations related to previously unsolved offenses.
(3) The number of acquittals, convictions and dismissals
in cases where DNA samples collected at arrest contributed to
the filing of charges in previously unsolved offenses.
(4) The age, ethnicity, race and sex of arrestees from
whom DNA samples were collected at arrest and upon
conviction.
(5) The fiscal impact on the State Police of collecting
DNA samples from persons convicted of offenses.
(6) The fiscal impact on the State Police of collecting
DNA samples from arrestees.
(7) The number of DNA samples collected at arrest that
were expunged from the Statewide DNA Data Base by request, by
court order, as a result of acquittal, as a result of charges
never having been filed and because charges filed were
dismissed.
(8) The average length of time between the collection of
DNA samples from arrestees and from those convicted of
offenses and the completion of forensic DNA testing of each
of those categories of DNA samples.
(9) 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.
20110SB0775PN2506 - 9 -
The DNA identification system [as] established by the State
Police shall be compatible with the procedures [specified]
established 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] Conviction or adjudication.--A person who
is convicted or adjudicated delinquent for criminal homicide, a
felony sex offense or other specified offense or who is or
remains incarcerated for criminal homicide, 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
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
20110SB0775PN2506 - 10 -
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 criminal homicide, 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 criminal homicide, a
felony sex offense or other specified offense prior to June
19, 2002.
(3) This chapter shall apply to incarcerated persons and
persons on probation or parole who were convicted or
adjudicated delinquent for criminal homicide, a felony sex
offense or other specified offenses prior to the effective
date of this paragraph.
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for criminal homicide, a felony sex offense or
other specified offense filed after June 18, 2002, [may] shall
be conditioned upon the [giving] collection of a DNA sample.
(d) Supervision of DNA samples.--All DNA samples taken
20110SB0775PN2506 - 11 -
pursuant to this section shall be taken 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
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 collection of a DNA
sample under this chapter 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 Base and the State DNA Data
Bank.
(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 2. Title 44 is amended by adding a section to read:
20110SB0775PN2506 - 12 -
§ 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's providing DNA samples under this chapter if the
offender has a past or present Federal, state or military court
conviction or adjudication that is equivalent to criminal
homicide, a felony sex offense or other specified offense as
determined by the Pennsylvania Board of Probation and Parole.
Additional DNA samples shall not be required if a DNA sample is
currently on file with the 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 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 within five calendar
days after the person is received at a place of incarceration
or confinement.
Section 3. Sections 2317(a)(1) and (b) and 2318(a) and (c)
of Title 44 are amended to read:
20110SB0775PN2506 - 13 -
§ 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]) and 2316.1 (relating to collection from
persons accepted from other jurisdictions) from persons who
are incarcerated or confined shall be [drawn] collected 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] collected
at a prison, jail unit, juvenile facility or other facility
to be specified by the court. [Only] 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] 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.
* * *
(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.
§ 2318. Procedures for conduct, disposition and use of DNA
20110SB0775PN2506 - 14 -
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 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 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 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.
* * *
(c) Use of tests.--
(1) Except as otherwise provided in section 2319(c)
20110SB0775PN2506 - 15 -
(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) No DNA sample, record or profile acquired under this
chapter may be used for human behavioral genetic research or
for nonlaw enforcement or nonhumanitarian identification
purposes.
* * *
Section 4. Sections 2319, 2321 and 2322 of Title 44 are
amended to read:
§ 2319. DNA data base exchange.
(a) Receipt of DNA samples by State Police.--It shall be the
duty of the State Police to receive DNA samples, to store, to
perform analysis or to contract for DNA typing analysis 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 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 this section. The State Police may contract [out]
for the storage of DNA typing analysis [and may contract out] or
DNA typing analysis 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
20110SB0775PN2506 - 16 -
of the DNA profile of individuals 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.
(c) Population data base.--
(1) The State Police may establish a separate population
data base comprised of DNA [samples] records or 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
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
20110SB0775PN2506 - 17 -
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
of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this
chapter may make a written request to the State Police seeking
removal of the person's DNA sample, record or profile from the
State DNA Data Bank or the State DNA Data Base on the grounds
that the sample, record or profile was collected or included by
mistake. Within 60 days of receipt of a written request for
20110SB0775PN2506 - 18 -
removal, the State Police shall review the request and determine
if the DNA sample, record or profile was included in the State
DNA Data Bank or the State DNA Data Base by mistake:
(1) If the State Police determine that the DNA sample,
record or profile was included by mistake, the request for
removal shall be granted and the DNA sample, record and
profile shall be destroyed within 30 days of the
determination at no cost to the person making the request.
The State Police shall provide written notice of the removal
to the person and his attorney of record, if any, upon
completion of the removal.
(2) If the State Police deny the request, written notice
of the denial and reasons therein shall be provided to the
person and his attorney of record, if any.
(3) If the State Police erroneously deny 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) there has been a judgment of acquittal on the
charge for which the DNA sample was taken; or
20110SB0775PN2506 - 19 -
(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
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 ten days' prior notice to the
district attorney of the county where the original charges
were filed of any 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 any
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.--A person whose DNA sample,
record or profile has been expunged under subsection (b.1) shall
forward a certified copy of the expungement order 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 and 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.
20110SB0775PN2506 - 20 -
(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 and
profile.
(c) Limitations.--
(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.
§ 2322. Mandatory cost.
Unless the court finds that undue hardship would result, a
mandatory cost of $250, which shall be in addition to any other
costs imposed pursuant to statutory authority, shall
automatically be assessed on any person convicted, adjudicated
delinquent or granted ARD for criminal homicide, a felony sex
offense or other specified offense, and all proceeds derived
from this section shall be transmitted to the fund.
Section 5. This act shall take effect July 1, 2013.
Section 1. Sections 2302, 2303, 2311(2), 2312, 2313, 2314, <--
2315 and 2316 of Title 44 of the Pennsylvania Consolidated
Statutes are amended to read:
20110SB0775PN2506 - 21 -
§ 2302. Policy.
The General Assembly finds and declares that:
(1) DNA data banks are 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
arrested, charged or convicted of certain crimes, especially
sex offenses, to provide genetic samples for DNA profiling.
(2.1) Several states have authorized the disclosure of
DNA profiles in their state's DNA data base where comparison
of DNA linked to a crime with the known offender DNA profile
in the data base establishes the likelihood of a close
familial relationship between the two.
(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 arrested for,
charged with, convicted of, adjudicated delinquent for or
accepted into ARD for criminal homicides, 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.
20110SB0775PN2506 - 22 -
§ 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
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 homicide." Any of the following:
(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
(2) 18 Pa.C.S. § 2502 (relating to murder).
(3) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(4) 18 Pa.C.S. § 2504 (relating to involuntary
manslaughter), when the offense is graded as a felony.
(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
20110SB0775PN2506 - 23 -
suicide), when the offense is graded as a felony.
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
(8) 18 Pa.C.S. § 2603 (relating to criminal homicide of
unborn child).
(9) 18 Pa.C.S. § 2604 (relating to murder of unborn
child).
(10) 18 Pa.C.S. § 2605 (relating to voluntary
manslaughter of unborn child).
"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]
located in the chromosomes or mitochondria of a living
organism's cells which encodes genetic information that is the
basis of human heredity and forensic identification.
"DNA record." 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 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
20110SB0775PN2506 - 24 -
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
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 DNA
analysis.
"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. § 3130 (relating to conduct relating to sex
offenders).
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
20110SB0775PN2506 - 25 -
sexual offenders).
"Forensic DNA laboratory." A laboratory that performs
forensic DNA testing for the purposes of identification.
"Forensic DNA testing." A test that applies techniques from
molecular biology to analyze deoxyribonucleic acid (DNA) to
identify characteristics unique to a particular individual.
"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.
"Modified DNA search." A search of the State DNA Data Base,
using scientifically valid and reliable methods in accordance
with rules, regulations and guidelines promulgated under section
2318 (relating to procedures for conduct, disposition and use of
DNA analysis), to determine that a crime scene DNA profile is
sufficiently likely to have originated from a close relative of
an individual whose DNA profile is recorded in the State DNA
Data Base.
"Other specified offense." Any of the following:
20110SB0775PN2506 - 26 -
(1) A felony offense, other than criminal homicide or 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.
(3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).]
(4) 18 Pa.C.S. § 2701(b)(2) (relating to simple
assault).
(5) 18 Pa.C.S. § 2902(a) (relating to unlawful
restraint).
(6) 18 Pa.C.S. § 3503(b)(1)(v) (relating to criminal
trespass).
(7) 18 Pa.C.S. § 4303 (relating to concealing death of
child).
(8) 18 Pa.C.S. § 4305 (relating to dealing in infant
children).
(9) A misdemeanor offense requiring registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
"State Police." The Pennsylvania State Police.
"Y chromosome analysis." A method that applies techniques
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
20110SB0775PN2506 - 27 -
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 established within the State Police to store DNA records
from DNA samples submitted for analysis and storage to the State
Police laboratory under the former DNA Act, the former
provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
testing) or to this chapter, and to provide DNA records to
CODIS. 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 related to:
(1) forensic casework;
(2) [convicted] arrestees and 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.
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
20110SB0775PN2506 - 28 -
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 majority
and minority chairmen of the Senate Judiciary Committee and the
majority and minority chairmen of the House Judiciary Committee,
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 number of DNA samples collected at arrest.
(2) The number of DNA samples collected at arrest that
contributed to the filing of charges in or the closing of
investigations related to previously unsolved offenses.
(3) The number of acquittals, convictions and dismissals
in cases where DNA samples collected at arrest contributed to
the filing of charges in previously unsolved offenses.
(4) The age, ethnicity, race and sex of arrestees from
whom DNA samples were collected at arrest and upon
conviction.
(5) The fiscal impact on the State Police of collecting
DNA samples from persons convicted of offenses.
(6) The fiscal impact on the State Police of collecting
DNA samples from arrestees.
(7) The number of DNA samples collected at arrest that
were expunged from the Statewide DNA Data Base by request, by
court order, as a result of acquittal, as a result of charges
20110SB0775PN2506 - 29 -
never having been filed and because charges filed were
dismissed.
(8) The average length of time between the collection of
DNA samples from arrestees and from those convicted of
offenses and the completion of forensic DNA testing of each
of those categories of DNA samples.
(9) 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 with the procedures [specified]
established 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] Conviction or adjudication.--A person who
is convicted or adjudicated delinquent for criminal homicide, 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
20110SB0775PN2506 - 30 -
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
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 criminal homicide, 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 criminal homicide, a
felony sex offense or other specified offense prior to June
20110SB0775PN2506 - 31 -
19, 2002.
(3) This chapter shall apply to incarcerated persons and
persons on probation or parole who were convicted or
adjudicated delinquent for criminal homicide, a felony sex
offense or other specified offenses prior to the effective
date of this paragraph.
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for criminal homicide, a felony sex offense or
other specified offense filed after June 18, 2002, [may] shall
be conditioned upon the [giving] collection of a DNA sample.
(c.1) Arrest.--A person who is arrested in this Commonwealth
for criminal homicide and felony sex offenses shall have a DNA
sample collected as follows:
(1) A person who is arrested for an offense covered
under this subsection shall have a DNA sample collected no
later than five days after the date of the arrest.
(2) If a DNA sample is not timely collected in
accordance with this subsection, the DNA sample may be
collected any time thereafter by a law enforcement official,
prison, jail, juvenile detention facility, detention facility
or institution.
(3) A person who is arrested for an offense covered
under this subsection may not be released unless and until a
DNA sample and fingerprints have been collected.
(4) This subsection shall apply as follows:
(i) Beginning one year after the effective date of
this subsection, any person arrested for criminal
homicide shall have a DNA sample collected under this
subsection upon arrest.
(ii) Beginning two years after the effective date of
20110SB0775PN2506 - 32 -
this subsection, any person arrested for a felony sex
offense shall have a DNA sample collected under this
subsection upon arrest.
(d) Supervision of DNA samples.--All DNA samples taken
pursuant to this section shall be taken 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] an
arrest, 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 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
collection of a DNA sample under this chapter 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 Base
and the State DNA Data Bank.
(e) Definition.--As used in this section, the term
20110SB0775PN2506 - 33 -
"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 2. 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's providing DNA samples under this chapter if the
offender has a past or present Federal, state or military court
conviction or adjudication that is equivalent to criminal
homicide, a felony sex offense or other specified offense as
determined by the Pennsylvania Board of Probation and Parole.
Additional DNA samples shall not be required if a DNA sample is
currently on file with the 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 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 within five calendar
20110SB0775PN2506 - 34 -
days after the person is received at a place of incarceration
or confinement.
Section 3. Sections 2317(a)(1) and (b) and 2318(a) and (c)
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]) and 2316.1 (relating to collection from
persons accepted from other jurisdictions) from persons who
are incarcerated or confined shall be [drawn] collected 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] collected
at a prison, jail unit, juvenile facility or other facility
to be specified by the court. [Only] 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] 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.
* * *
(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
20110SB0775PN2506 - 35 -
such activities when the person acted in a reasonable manner
according to generally accepted medical and other professional
practices.
§ 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 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 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 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
20110SB0775PN2506 - 36 -
personnel of forensics DNA testing laboratories.
* * *
(c) Use of tests.--
(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) No DNA sample or DNA record acquired under this
chapter may be used for human behavioral genetic research or
for nonlaw enforcement or nonhumanitarian identification
purposes.
* * *
Section 4. Title 44 is amended by adding a section to read:
§ 2318.1. Request for modified DNA search.
(a) General rule.--
(1) A criminal justice agency may request in writing
that the State Police perform a modified DNA search in an
unsolved case and shall provide information as required by
the State Police.
(2) The State Police may grant a request to conduct a
modified DNA search if the State Police determine that the
request complies with subsection (d)(2).
(b) Modified DNA search.--
(1) The State Police may conduct a modified DNA search
if it grants a request under subsection (a)(2).
(2) The State Police may conduct a modified DNA search
in unsolved cases without the request of a criminal justice
20110SB0775PN2506 - 37 -
agency if the State Police determine that they would have
granted a request had a request been made by a criminal
justice agency.
(3) In all cases, the State Police shall use procedures
for conducting a modified DNA search that are consistent with
the rules, regulations and guidelines promulgated under
section 2318 (relating to procedures for conduct, disposition
and use of DNA analysis).
(c) Release of information from a modified DNA search.--The
State Police shall provide the requesting criminal justice
agency with personally identifying information on individuals
whose DNA records were identified through a modified DNA search.
(d) Requirements.--
(1) The State Police shall require a criminal justice
agency to provide assurances and information in support of
its request for a modified DNA search, including:
(i) A representation that a modified DNA search is
necessary for law enforcement identification purposes in
an unsolved case.
(ii) A representation that all other investigative
leads have been pursued.
(iii) A commitment to further investigate the case
if personal identifying information from a modified DNA
search is provided.
(iv) Any other information the State Police deem
necessary.
(2) The State Police shall grant a modified DNA search
request if the State Police determine that:
(i) The crime scene DNA profile has sufficient size,
quality and integrity.
20110SB0775PN2506 - 38 -
(ii) The crime scene DNA profile has previously been
subjected to a routine DNA search against the State DNA
Data Base.
(iii) The modified DNA search is necessary for law
enforcement identification purposes in an unsolved case.
(iv) The criminal justice agency has pursued all
other investigative leads.
(v) Any relevant consideration, including factors or
requirements considered by any other jurisdiction,
supports granting the request.
(3) The State Police procedures, promulgated under
section 2318, to conduct modified DNA searches shall be based
on scientifically valid and reliable methods to determine
that a crime scene DNA profile is sufficiently likely to have
originated from a close relative of an individual whose DNA
profile is recorded in the State DNA Data Base. The State
Police may require the following:
(i) An analysis of the rarity in the relevant
population of each shared DNA characteristic.
(ii) An analysis of the pattern of shared DNA
characteristics.
(iii) Y chromosome analysis.
(iv) Mitochondrial DNA analysis.
(v) Any other suitable method designed to determine
that a crime scene DNA profile originated from a close
relative of an individual in the State DNA Data Base.
Section 5. Sections 2319, 2321 and 2322 of Title 44 are
amended to read:
§ 2319. DNA data base exchange.
(a) Receipt of DNA samples by State Police.--It shall be the
20110SB0775PN2506 - 39 -
duty of the State Police to receive DNA samples, to store, to
perform analysis or to contract for DNA typing analysis 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 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 this section. The State Police may contract [out]
for the storage of DNA typing analysis [and may contract out] or
DNA typing analysis 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 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.
(c) Population data base.--
(1) The State Police may establish a separate population
20110SB0775PN2506 - 40 -
data base comprised of DNA samples 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
system.
(d) Separate category.--The State Police shall create a
separate category within the data base to store DNA samples and
records collected upon arrest under section 2316(c.1) (relating
to DNA sample required).
§ 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
20110SB0775PN2506 - 41 -
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 Date 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 file a written request with the State Police on the
grounds 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
and profile. If the State Police erroneously denies the request,
the person may request expungement of the DNA sample, record or
profile under subsection (c).
(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
20110SB0775PN2506 - 42 -
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 charge for which the DNA sample was taken
has been dismissed, no appeal is pending and the
prosecuting authority is barred from seeking a retrial;
(iii) there has been a judgment of acquittal on the
charge for which the DNA sample was taken;
(iv) the person from whom the DNA sample was taken
was not charged with a crime for which a DNA sample is
authorized to be taken under this chapter;
(v) the prosecuting authority has expressly declined
to prosecute the charge for which the DNA sample was
taken;
(vi) the charge for which the DNA sample was taken
was not filed within the statute of limitations;
(vii) the person was granted an unconditional pardon
for the crime for which the DNA sample was taken; or
(viii) 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
arrested, charged, 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 ten days' prior notice to the
20110SB0775PN2506 - 43 -
district attorney of the county where the original charges
were filed of any application for expungement under
subsection (c)(1).
(4) Notwithstanding any other law or rule of court, the
court shall have no authority to order the expungement of any
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.--A person whose DNA sample,
record or profile has been expunged under subsection (c) shall
forward a certified copy of an expungement order issued under
subsection (c) to the State Police.
(b.3) Duties of State Police.--The following shall apply:
(1) Upon receipt of an expungement order issued under
subsection (c), the State Police shall destroy the DNA
sample, record and 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 and
profile.
(c) Limitations.--
(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,
20110SB0775PN2506 - 44 -
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.
§ 2322. Mandatory cost.
Unless the court finds that undue hardship would result, a
mandatory cost of $250, which shall be in addition to any other
costs imposed pursuant to statutory authority, shall
automatically be assessed on any person convicted, adjudicated
delinquent or granted ARD for criminal homicide, a felony sex
offense or other specified offense, and all proceeds derived
from this section shall be transmitted to the fund.
Section 6. This act shall take effect in 270 days.
20110SB0775PN2506 - 45 -