Regular Session 2023-2024 Senate Bill 0988 P.N. 1776

PRIOR PRINTER'S NO. 1654

PRINTER'S NO. 1776

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

988

Session of

2024

INTRODUCED BY FARRY, PENNYCUICK, BARTOLOTTA, VOGEL AND CULVER,

MAY 29, 2024

SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 25, 2024

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 State DNA Data

Base, for State Police recommendation of additional offenses

and annual report and, for DNA sample required upon

conviction, delinquency adjudication and certain ARD cases,

providing for request for modified DNA search and further

providing for DNA data base exchange, for expungement and for

mandatory cost; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2302(2) and (4) of Title 44 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a paragraph to read:

SECTION 1. SECTION 2302(2) AND (4) OF TITLE 44 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE 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

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sex offenses, to provide genetic samples for DNA profiling.

(2.1) Several states have authorized the disclosure of

DNA profiles in the state's DNA data base where comparison of

DNA linked to a crime with a known offender's DNA profile in

the data base establishes the likelihood of a close familial

relationship.

* * *

(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 for, charged with,

convicted of, adjudicated delinquent for or accepted into ARD

for criminal homicide, felony sex offenses and other

specified offenses and containing DNA samples collected as

part of an investigation into missing persons or unidentified

decedents.

* * *

Section 2. The definition of "other specified offense" in

section 2303 of Title 44 is amended and the section is amended

by adding definitions 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:

* * *

"Arrest." The taking or keeping of a person in custody by

legal authority or proceedings commenced by a police complaint

that is proceeded against by summons or by a petition filed

under 42 Pa.C.S. § 6321 (relating to commencement of

proceedings).

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"Criminal homicide." An offense under any of the following : ,

OR AN ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT 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).

(5) 18 Pa.C.S. § 2505 (relating to causing or aiding

suicide), if 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).

* * *

"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 p rocedures 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, OR AN

ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY OF THE

FOLLOWING:

(1) A felony offense, other than criminal homicide or a

felony sex offense.

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(2) (Reserved).

(3) (Reserved).

(4) An offense under 18 Pa.C.S. (relating to crimes and

offenses) or 75 Pa.C.S. (relating to vehicles) that is graded

as a misdemeanor of the first degree.

(5) A misdemeanor offense requiring registration under

42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

sexual offenders).

(6) An offense graded as a misdemeanor of the second

degree under any of the following:

18 Pa.C.S. § 2701 (relating to simple assault).

18 Pa.C.S. § 2903 (relating to false imprisonment).

18 Pa.C.S. § 3127 (relating to indecent exposure).

18 Pa.C.S. Ch. 39 (relating to theft and related

offenses).

18 Pa.C.S. § 4105 (relating to bad checks).

18 Pa.C.S. § 4106 (relating to access device fraud).

18 Pa.C.S. § 4952 (relating to intimidation of

witnesses or victims).

18 Pa.C.S. § 4953 (relating to retaliation against

witness, victim or party).

18 Pa.C.S. § 4958 (relating to intimidation,

retaliation or obstruction in child abuse cases).

18 Pa.C.S. § 5121 (relating to escape).

18 Pa.C.S. § 5126 (relating to flight to avoid

apprehension, trial or punishment).

18 Pa.C.S. § 5131 (relating to recruiting criminal

gang members).

18 Pa.C.S. § 5510 (relating to abuse of corpse).

18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to

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animals).

18 Pa.C.S. § 5902 (relating to prostitution and

related offenses).

* * *

Section 3. Sections 2312, 2314(b), 2316 and 2317(a)(1)

introductory paragraph of Title 44 are 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

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) arrested and [convicted or delinquency adjudicated

offenders] PERSONS required to provide a DNA sample under

this chapter;

(3) anonymous DNA records used for statistical research

on the frequency of DNA genotypes, quality control and bias

or the development of new DNA identification methods; and

(4) missing persons and unidentified decedents.

§ 2314. State Police recommendation of additional offenses and

annual report.

* * *

(b) Annual report.--No later than August 1 of each year, the

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commissioner shall submit to the Governor's Office, the

chairperson and minority chairperson of the Judiciary Committee

of the Senate and the chairperson and minority chairperson of

the Judiciary Committee of the House of Representatives 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 age, race and sex of those [convicted] from whom

DNA samples were submitted [upon conviction] under this

chapter.

(2) The fiscal impact on the State Police of collecting

and testing DNA samples from persons arrested for, [convicted

of or adjudicated delinquent for offenses.] REQUIRED TO

PROVIDE A DNA SAMPLE UNDER THIS CHAPTER.

(3) The average length of time between the receipt of

DNA samples [from those convicted of offenses] and the

completion of forensic DNA testing of each of those

categories of DNA samples.

(3.1) The number of DNA samples expunged from the State

DNA Data Base.

(4) 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.

§ 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

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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 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 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 collected immediately

after the sentencing or adjudication. If a DNA sample is not

timely collected in accordance with this section, the DNA

sample may be 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 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 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

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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 criminal homicide, 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 criminal homicide, a felony sex offense or

other specified offenses prior to the effective date of

this paragraph.

(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).

criminal charge for criminal homicide, 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] shall

be conditioned upon the collection of a DNA sample.

(c.1) Arrest.--A person who is arrested in this Commonwealth

for criminal homicide, a felony sex offense or other specified

offense shall have a DNA sample collected as follows:

(1) The person shall have a DNA sample collected at the

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time fingerprints are collected under 18 Pa.C.S. § 9112

(relating to mandatory fingerprinting). DNA collected shall

be submitted to the State Police within 48 hours in a manner

prescribed by rules, regulations and guidelines promulgated

under section 2318 (relating to procedures for conduct,

disposition and use of DNA analysis).

(2) The person may not be released until a DNA sample

and fingerprints are collected.

(3) 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.

(C.1) ARREST.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,

A DNA SAMPLE SHALL BE COLLECTED AS FOLLOWS:

(1) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR

CRIMINAL HOMICIDE SHALL HAVE A DNA SAMPLE COLLECTED AT THE

TIME FINGERPRINTS ARE COLLECTED UNDER 18 PA.C.S. § 9112

(RELATING TO MANDATORY FINGERPRINTING). THE COLLECTED DNA

SAMPLE SHALL BE SUBMITTED TO THE STATE POLICE WITHIN 48 HOURS

IN A MANNER PRESCRIBED BY RULES, REGULATIONS AND GUIDELINES

PROMULGATED UNDER SECTION 2318 (RELATING TO PROCEDURES FOR

CONDUCT, DISPOSITION AND USE OF DNA ANALYSIS). THE PERSON MAY

NOT BE RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE

COLLECTED.

(2) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR A

FELONY SEX OFFENSE SHALL HAVE A DNA SAMPLE COLLECTED AT THE

TIME FINGERPRINTS ARE COLLECTED UNDER 18 PA.C.S. § 9112. THE

COLLECTED DNA SAMPLE SHALL BE SUBMITTED TO THE STATE POLICE

WITHIN 48 HOURS IN A MANNER PRESCRIBED BY RULES, REGULATIONS

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AND GUIDELINES PROMULGATED UNDER SECTION 2318. THE PERSON MAY

NOT BE RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE

COLLECTED.

(3) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR AN

OFFENSE LISTED UNDER PARAGRAPH (1), (4) OR (5) OF THE

DEFINITION OF "OTHER SPECIFIED OFFENSE" IN SECTION 2303 SHALL

HAVE A DNA SAMPLE COLLECTED AT THE TIME FINGERPRINTS ARE

COLLECTED UNDER 18 PA.C.S. § 9112. THE COLLECTED DNA SAMPLE

SHALL BE SUBMITTED TO THE STATE POLICE WITHIN 48 HOURS IN A

MANNER PRESCRIBED BY RULES, REGULATIONS AND GUIDELINES

PROMULGATED UNDER SECTION 2318. THE PERSON MAY NOT BE

RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE COLLECTED.

(C.2) LIMITATIONS.--SUBSECTION (C.1) SHALL NOT APPLY TO A

CRIMINAL PROCEEDING IN WHICH THE PERSON WHO IS THE SUBJECT OF

THE CRIMINAL PROCEEDING IS NOT ARRESTED AND IS INSTEAD PROCEEDED

AGAINST BY SUMMONS. NOTHING IN THIS SUBSECTION SHALL BE

CONSTRUED TO PRECLUDE THE COLLECTION OF DNA OTHERWISE AUTHORIZED

BY THIS CHAPTER.

(d) Supervision of DNA samples.--All DNA samples collected

pursuant to this section shall be collected 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

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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 DNA

sample may be collected under this chapter but 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 Bank

and a DNA record for the person exists in the State DNA Data

Base.

(e) Definition.--As used in this section, the term

"released" means any release, parole, furlough, work release,

BAIL, prerelease or release in any other manner from a prison,

jail, juvenile detention facility or any other place of

confinement.

§ 2317. Procedures for collection and transmission of DNA

samples.

(a) Collection of DNA samples.--

(1) Each DNA sample required to be collected pursuant to

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) shall be collected as follows:

* * *

Section 4. Title 44 is amended by adding a section to read:

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§ 2318.1. Request for modified DNA search.

(a) Procedure.--

(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

after the State Police 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

agency if the State Police determine that it 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).

the requesting criminal justice agency with personally

identifying information of 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

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the 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 may grant a modified DNA search

request if the State Police determine that:

(i) The crime scene DNA profile has sufficient size,

quality and integrity.

(ii) The crime scene DNA profile has previously been

subjected to a routine DNA search against the State DNA

Data Base and the National DNA Index System.

(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

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profile is recorded in the State DNA Data Base or the

National DNA Index System. 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 or

the National DNA Index System.

Section 5 4. Section 2319 of Title 44 is amended by adding a

subsection to read:

§ 2319. DNA data base exchange.

* * *

(d) Separate category.--The State Police shall create a

separate category within the State DNA Data Base to store DNA

samples and records collected upon arrest under section

2316(c.1) (relating to DNA sample required).

Section 6. Sections 2321(b.1)(1) 5. SECTIONS 2321(B.1) and

2322 of Title 44 are amended to read:

§ 2321. Expungement.

* * *

(b.1) Expungement by court order.--The following shall

apply:

(1) Except as provided under [paragraph (2)] PARAGRAPHS

(2) AND (3), a person may request the court of common pleas

of the county where the original charges were filed or an

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arrest was made OR WHERE THE ARREST FOR WHICH THE DNA SAMPLE,

RECORD OR PROFILE WAS MADE 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;

(i.1) the charge for which the DNA sample was taken

has been dismissed, no appeal is pending and the

prosecuting authority is barred from further prosecution;

(i.2) there has been a judgment of acquittal on the

charge for which the DNA sample was taken and no further

appeal is pending;

(i.3) 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;

(i.4) the prosecuting authority has expressly

declined to prosecute the charge for which the DNA sample

was taken;

(i.5) the charge for which the DNA sample was taken

was not filed within the statute of limitations;

(ii) the person was granted an unconditional pardon

for the crime for which the DNA sample was taken; or

(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

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ARRESTED, 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 [10] 30 DAYS' PRIOR NOTICE TO

THE DISTRICT ATTORNEY OF THE COUNTY WHERE THE ORIGINAL

CHARGES WERE FILED OF AN 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 A

DNA SAMPLE, RECORD OR PROFILE IN THE STATE DNA DATA BANK OR

THE STATE DNA DATA BASE EXCEPT AS PROVIDED UNDER THIS

SUBSECTION.

* * *

§ 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 7. This act shall take effect in 60 days.

SECTION 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE ADDITION OF 44 PA.C.S. § 2316(C.1)(2) SHALL TAKE

EFFECT IN 365 DAYS.

(2) THE ADDITION OF 44 PA.C.S. § 2316(C.1)(3) SHALL TAKE

EFFECT IN 18 MONTHS.

(3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.

(4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180

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DAYS.

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