Pennsylvania 2017-2018 Regular Session Status: Passed Senate Bipartisan · 3 D · 1 R cosponsors

SB 461 — 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 and further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analysis, for DNA data base exchange and for expungement.

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    Passed House
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    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

128 added · 651 removed

Plain-language change summary

The amendment to Senate Bill 461 includes a fiscal note indicating that the bill will incur annual costs between $2.9 million to $3.2 million, which will be funded by the General Fund and the Motor License Fund. Additionally, the bill has expanded its scope by adding more criminal offenses to the definition of "other specified offense," which will help enhance the collection and testing of DNA evidence for those convicted of serious crimes. This is important because it aims to improve public safety and the effectiveness of law enforcement by ensuring that more DNA evidence is collected and stored properly, potentially preventing future crimes.

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PRIOR PRINTER'S NO.
SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE BILL NO.
454 PRINTER'S NO.
Senate Bill 461 PRINTER NO.
1026 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
454 AMOUNT FUND $2.9 - $3.2 Million Annual Costs General Fund Motor License Fund DATE INTRODUCED PRIME SPONSOR February 28, 2017 Senator Killion DESCRIPTION AND PURPOSE OF BILL Senate Bill 461 amends Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, to address the collection and testing of DNA evidence from certain individuals convicted or adjudicated delinquent of a felony sex offense or “other specified offense” as defined in this legislation.
461 2017 INTRODUCED BY KILLION, BOSCOLA, BREWSTER, BROWNE, GREENLEAF, LANGERHOLC, MENSCH, RAFFERTY, SABATINA, SCHWANK, VULAKOVICH, REGAN AND HAYWOOD, FEBRUARY 28, 2017 AS AMENDED ON THIRD CONSIDERATION, JUNE 27, 2017 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 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 and further providing for procedures for withdrawal, collection and transmission of DNA samples, for procedures for conduct, disposition and use of DNA analysis, for DNA data base exchange and for expungement.
Specifically, this legislation does the following:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
• Adds certain criminal offenses to the definition of “other specified offense;” • Requires the Pennsylvania State Police (State Police) to promulgate, as necessary, rules, regulations and guidelines to carry out the provisions of this legislation pertaining to the collection, submission, identification, testing, analysis, storage and disposition of DNA samples and forensic DNA profiles and records from DNA samples;
Section 1.
• Establishes a Statewide DNA Data Base within the State Police to store forensic DNA profiles and records;
Sections 2302, 2303, 2311(2), 2312, 2313, 2314, 2315 and 2316 of Title 44 of the Pennsylvania Consolidated Statutes are amended to read:
• Requires the DNA Data Base to 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 delinquency adjudicated offenders, anonymous DNA records used for statistical research on the frequency of DNA genotypes, quality control or the development of new DNA identification methods;
§ 2302.
• Establishes a State DNA Data Bank to serve as the repository of DNA samples collected under this new legislation or under prior law;
Policy.
• Allows for the State Police to 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 legislation;
The General Assembly finds and declares that:
6/12/2017 SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE • Requires the Commissioner of the Pennsylvania State Police to submit an annual report, no later than August 1 of each year, 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 of the Judiciary Committee of the House of Representatives, that contains information regarding the collection and testing of DNA samples under the provisions of this legislation.
(1) [DNA data banks are] Forensic DNA testing is 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.
The annual report must include, but need not be limited to, the following information pertaining to the previous fiscal year:
(2) Several states have enacted laws requiring persons convicted of certain crimes, especially sex offenses, to provide genetic samples for DNA profiling.
1) The age, race and sex of those convicted from whom DNA samples were submitted upon conviction;
(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.
2) The fiscal impact on the State Police of collecting and testing DNA samples from persons convicted of or adjudicated delinquent for offenses;
(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 felony sex offenses and other specified offenses.
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;
(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.
and 4) Recommendations, if any, 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.
§ 2303.
• Requires the DNA identification system established by the state Police shall comply with FBI Quality Assurance Standards for forensic DNA testing laboratories and DNA data basing laboratories and CODIS policies and procedures;
Definitions.
• Requires a person who is convicted or adjudicated delinquent of a felony sex offense or other specified offense who is or remains incarcerated for a felony sex offense or other specified offense on or after the effective date of this legislation to have a DNA sample collected immediately after the sentencing or adjudication;
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:
• Prohibits the release of any individual, convicted or adjudicated delinquent for an offense covered by this legislation, in any manner after such disposition unless and until a DNA sample and fingerprints have been collected;
"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.
• Requires that acceptance into an ARD program as a result of an eligible conviction under this legislation must be conditioned on the collection of a DNA sample;
"ARD." Accelerated Rehabilitative Disposition.
• Requires that acceptance of supervision of an offender from another jurisdiction with an eligible conviction under this legislation must be conditioned on the collection of a DNA sample and fingerprints;
20170SB0461PN1026 - 2 - "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.
• Outlines certain guidelines for the collection of DNA samples;
"Commissioner." The Commissioner of the Pennsylvania State Police.
• Provides for limitation on liability to persons authorized to collect DNA samples when acting in a reasonable manner according to generally accepted medical and other professional practices;
"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.
6/12/2017 SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE • Clarifies that a DNA sample or DNA record acquired under this legislation may not be used for human behavioral genetic research or for non-law enforcement or nonhumanitarian identification purposes;
"Criminal justice agency." A criminal justice agency as defined in 18 Pa.C.S.
• Clarifies the duties of the State Police on receiving, storing and testing of DNA samples;
§ 9102 (relating to definitions).
• Outlines certain qualifications of DNA laboratories that the State Police may contract with for DNA testing;
"DNA." Deoxyribonucleic acid[.
and • Allows for expungement of DNA samples, records or profiles in the State DNA Data Base under certain conditions.
DNA is located in the cells and provides an individual's personal genetic blueprint.
This legislation shall take effect in 180 days, except the inclusion of first degree misdemeanors under Titles 18 (Crimes and Offenses) and 75 (Vehicles) and second degree misdemeanors under Title 18 (Crimes and Offenses) that are itemized in the definition of “other specified offense.” These inclusions will take effect on December 1, 2019.
DNA encodes genetic information that is the basis of human heredity and forensic identification] located in the chromosomes or mitochondria of a living organism's cells.
FISCAL IMPACT:
"DNA record." A forensic 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] identification or supporting statistical interpretation of DNA test results.
According to the Pennsylvania State Police, implementation of this legislation would require additional personnel, equipment and supplies totaling $2.9 Million, in addition to other indeterminate costs as discussed below.
[The term includes nuclear and mitochondrial typing.
The following chart breaks out those costs as follows:
The DNA record is the result obtained from the DNA typing tests.
Personnel & Benefit Costs (Collection & Testing of 40,000 New DNA Samples) Evidence Technicians @ $30,122 $60,244 Chemistry Technicians @ $30,122 $90,366 Clerk Typist 2’s @ $26,739 $53,478 Forensic Scientists @ $43,932 $307,524 Total Salary Costs:
The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals.
$511,612 Benefits @ 67.09% Benefit Rate $343,240 Total Personnel & Benefit Costs:
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 20170SB0461PN1026 - 3 - 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.
$854,852 Equipment & Supply Costs (Collection & Testing of 40,000 New DNA Samples) Collection Kits @ $6.50 per kit $260,000 Postage (2X) @ $1.25 per kit $100,000 Collection and Storage @ $1.54 per sample $61,600 Sample Analysis @ $40.00 per sample $1,600,000 Total Equipment 7 Supply Costs:
Ch.
$2,021,600 Total Estimated Implementation Costs:
47 (relating to DNA data and testing) or to this chapter for analysis or storage, or both.] A sample of biological material suitable for forensic DNA testing.
$2,876,452 6/12/2017 SENATE APPROPRIATIONS COMMITTEE FISCAL NOTE The Pennsylvania State Police advises that cost estimates are not available for the publication of expungement policies or the reporting provisions of this legislation, which is estimated to be $300,000.
"FBI." The Federal Bureau of Investigation.
Additionally, the above mentioned cost estimates do not include annual intake and analysis of 20,000 convicted offenders of felony offenses.
"Felony sex offense." A felony offense or an attempt, conspiracy or solicitation to commit a felony offense under any of the following:
6/12/2017
18 Pa.C.S.
Ch.
31 (relating to sexual offenses).
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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 20170SB0461PN1026 - 4 - forensic DNA testing for the purposes of identification.
"Forensic DNA profile." The data set derived from forensic DNA testing.
"Forensic DNA testing." A test that applies techniques from molecular biology to analyze human deoxyribonucleic acid (DNA) to identify data which meets the requirements for inclusion in CODIS and the national DNA identification index system administered by the FBI.
"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 for the purpose of identification.
"Other specified offense." Any of the following:
(1) A felony offense, other than 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.] (Reserved).
(3) [An offense subject to 42 Pa.C.S.
Ch.
97 Subch.
H 20170SB0461PN1026 - 5 - (relating to registration of sexual offenders)] (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.
§ 5511 (relating to cruelty to animals).
18 Pa.C.S.
§ 5902 (relating to prostitution and 20170SB0461PN1026 - 6 - related offenses).
"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 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 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 [DNA records] forensic DNA profiles and records related to:
(1) forensic casework;
(2) convicted or delinquency adjudicated offenders required to provide a DNA sample under this chapter;
and (3) anonymous DNA records used for statistical research 20170SB0461PN1026 - 7 - [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 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.
(2) The fiscal impact on the State Police of collecting and testing DNA samples from persons convicted of or adjudicated delinquent for offenses.
20170SB0461PN1026 - 8 - (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.
(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.
§ 2315.
Procedural compatibility with FBI.
The DNA identification system [as] established by the State Police shall [be compatible] comply with [the procedures specified 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.--A person who is convicted or adjudicated delinquent for a felony sex offense or other specified offense or who is or remains incarcerated for a felony sex offense or other specified offense on or after the effective date of this chapter shall have a DNA sample [drawn] 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 20170SB0461PN1026 - 9 - 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 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 a felony sex offense or other specified offense prior to June 19, 2002.
(3) [This] The following shall apply:
(i) Except as provided under subparagraph (ii), this chapter shall apply to incarcerated persons and persons 20170SB0461PN1026 - 10 - on probation or parole who were convicted or adjudicated delinquent for a felony sex offense or other specified offenses prior to the effective date of this paragraph.
(ii) Subparagraph (i) shall not apply to persons convicted or adjudicated delinquent of an offense enumerated under paragraph (4) or (6) of the definition of "other specified offense" in section 2303 (relating to definitions).
(c) Certain ARD cases.--Acceptance into ARD as a result of a criminal charge for a felony sex offense or other specified offense, OTHER THAN AN OFFENSE ENUMERATED UNDER PARAGRAPH (4) OR <-- (6) OF THE DEFINITION OF "OTHER SPECIFIED OFFENSE" IN SECTION 2303, filed after June 18, 2002, [may] shall be conditioned upon <-- the [giving] collection of a DNA sample.
(d) Supervision of DNA samples.--All DNA samples [taken] collected pursuant to this section shall be [taken] 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 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 20170SB0461PN1026 - 11 - 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, 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 providing a DNA sample under this chapter and fingerprints if the offender has a past or present Federal, state or military court conviction or adjudication that is equivalent to a felony sex offense or other specified offense as determined by the Pennsylvania Board of Probation and Parole.
Additional DNA samples may be collected but shall not be 20170SB0461PN1026 - 12 - required if the supervising agency or place of confinement confirms that a DNA sample is currently on file with the State DNA Data Bank and a DNA record for the person exists in 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 sample 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 heading and (a) and (b), 2318(a) and (c), 2319 and 2321 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) [from persons who are incarcerated or confined shall be drawn at the place of incarceration or confinement as provided for in section 2316.
DNA samples from persons who are not ordered or sentenced to a term of confinement shall be drawn at a prison, jail unit, juvenile 20170SB0461PN1026 - 13 - facility or other facility to be specified by the court.
Only] and 2316.1 (relating to collection from persons accepted from other jurisdictions) shall be collected as follows:
(i) DNA samples from persons who are incarcerated or confined shall be collected at the place of incarceration or confinement as provided in section 2316 or 2316.1.
(ii) DNA samples from persons who are not ordered to be or are not currently incarcerated or confined shall be collected as provided in sections 2316 or 2316.1 or at a prison, jail unit, juvenile facility or other facility specified by the court or supervising agency.
(iii) 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] (iv) 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.
(2) In addition to the DNA sample, a full set of fingerprints shall be taken from the person from whom the DNA sample is being [drawn] collected for the exclusive purpose of verifying the identity of such person.
(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 20170SB0461PN1026 - 14 - 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] forensic DNA profiles and records from 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 of forensic DNA testing 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] for samples and forensic DNA profiles and records from 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.
20170SB0461PN1026 - 15 - (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) (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) A DNA sample or DNA record acquired under this chapter may not be used for human behavioral genetic research or for non-law enforcement or nonhumanitarian identification purposes.
* * * § 2319.
DNA data base exchange.
(a) Receipt of DNA samples by State Police.--It shall be the duty of the State Police to [receive]:
(1) Receive and store DNA samples, [to store,] to perform [analysis] forensic DNA testing or to contract for [DNA typing analysis] testing 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] PROFILES OF].
<-- (2) Store forensic DNA records from DNA samples 20170SB0461PN1026 - 16 - 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.
(a.1) Contracts.--The State Police may contract [out the storage of DNA typing analysis and may contract out] for DNA [typing analysis] testing 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] DNA records 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 forensic DNA [samples] 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 20170SB0461PN1026 - 17 - 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 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.
20170SB0461PN1026 - 18 - (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 or this chapter may file a written request with the State Police 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 or profile.
If the State Police denies 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) 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 20170SB0461PN1026 - 19 - 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 10 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.
(b.2) Expungement reporting.--The court shall forward a certified copy of an expungement order issued under subsection (b.1) 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 or 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 or profile.
20170SB0461PN1026 - 20 - (4) The State Police shall publish information regarding the eligibility requirements for expungement under this section and the steps necessary to obtain an expungement under this section on the State Police's publicly accessible Internet website.
The State Police shall publish the information in at least two commonly accessible formats, such as HyperText Markup Language and Portable Document Format.
(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.
Section 4.
This act shall take effect as follows:
(1) This section shall take effect in 180 days <-- IMMEDIATELY.
<-- (2) The addition of paragraphs (4) and (6) of the definition of "other specified offense" in 44 Pa.C.S.
§ 2303 shall take effect December 1, 2019.
(3) The remainder of this act shall take effect in 180 <-- 270 days.
<-- 20170SB0461PN1026 - 21 -
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Action History

  1. Removed from table

  2. Laid on the table

  3. Re-reported as committed

  4. Re-referred to APPROPRIATIONS

  5. Second consideration

  6. Removed from table

  7. Laid on the table

  8. First consideration

  9. Reported as committed

  10. Referred to JUDICIARY

  11. Third consideration and final passage

  12. PN 1026 Amended on third consideration

  13. Re-reported as committed

  14. Re-referred to APPROPRIATIONS

  15. Second consideration

  16. First consideration

  17. Reported as committed

  18. PN 0454 Referred to JUDICIARY

Sponsors

  • Lisa M. Boscola · Cosponsor
  • Greenleaf · Cosponsor
  • Killion · Primary
  • Brewster · Cosponsor
  • Browne · Cosponsor
  • Wayne Langerholc · Cosponsor
  • Mensch · Cosponsor
  • Rafferty · Cosponsor
  • Sabatina · Cosponsor
  • Art Haywood · Cosponsor
  • Regan · Cosponsor
  • Judith L. Schwank · Cosponsor
  • Vulakovich · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 12 co-sponsors · 240 not signed on

Sponsors (1)

  • Killion

Co-sponsors (12)

Not signed on (240)

240 members have not signed on to this bill.

Show all 240 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 29000
Republican 13000
Democratic 8000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 25 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 13001
Democratic 6000
Total 25001
% of votes cast 96%0%0%4%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GREENLEAF — Yea
KILLION — Yea
MENSCH — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
LEACH — Not Voting
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Lisa Baker Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Republican 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
ALLOWAY — Yea
EICHELBERGER — Yea
FARNESE — Yea
GORDNER — Yea
LEACH — Yea
RAFFERTY — Yea
RESCHENTHALER — Yea
SABATINA — Yea
VULAKOVICH — Yea
GREENLEAF — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Lisa M. Boscola Democratic Yea
Gene Yaw Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 461?
SB 461 is sponsored by Lisa M. Boscola (Democratic), Greenleaf, Killion, Brewster, Browne, Wayne Langerholc (Republican), Mensch, Rafferty, Sabatina, Art Haywood (Democratic), Regan, Judith L. Schwank (Democratic), and Vulakovich.
What is the current status of SB 461?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 461?
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