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
1 Amending Title 44 (Law and Justice) of the Pennsylvania
2 Consolidated Statutes, in DNA data and testing, further
3 providing for policy, for definitions, for State DNA Data
4 Base, for State Police recommendation of additional offenses
5 and annual report and, for DNA sample required upon <--
6 conviction, delinquency adjudication and certain ARD cases,
7 providing for request for modified DNA search and further <--
8 providing for DNA data base exchange, for expungement and for
9 mandatory cost; and making an editorial change.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2302(2) and (4) of Title 44 of the <--
13 Pennsylvania Consolidated Statutes are amended and the section
14 is amended by adding a paragraph to read:
15 SECTION 1. SECTION 2302(2) AND (4) OF TITLE 44 OF THE <--
16 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
17 § 2302. Policy.
18 The General Assembly finds and declares that:
19 * * *
20 (2) Several states have enacted laws requiring persons
21 arrested, charged or convicted of certain crimes, especially
 1 sex offenses, to provide genetic samples for DNA profiling.
2 (2.1) Several states have authorized the disclosure of <--
3 DNA profiles in the state's DNA data base where comparison of
4 DNA linked to a crime with a known offender's DNA profile in
5 the data base establishes the likelihood of a close familial
6 relationship.
7 * * *
8 (4) It is in the best interest of the Commonwealth to
9 establish a DNA data base and a DNA data bank containing DNA
10 samples submitted by individuals arrested for, charged with,
11 convicted of, adjudicated delinquent for or accepted into ARD
12 for criminal homicide, felony sex offenses and other
13 specified offenses and containing DNA samples collected as
14 part of an investigation into missing persons or unidentified
15 decedents.
16 * * *
17 Section 2. The definition of "other specified offense" in
18 section 2303 of Title 44 is amended and the section is amended
19 by adding definitions A DEFINITION to read: <--
20 § 2303. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 * * *
25 "Arrest." The taking or keeping of a person in custody by <--
26 legal authority or proceedings commenced by a police complaint
27 that is proceeded against by summons or by a petition filed
28 under 42 Pa.C.S. § 6321 (relating to commencement of
29 proceedings).
30 * * *
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 1 "Criminal homicide." An offense under any of the following:, <--
2 OR AN ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY OF THE
3 FOLLOWING:
4 (1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
5 (2) 18 Pa.C.S. § 2502 (relating to murder).
6 (3) 18 Pa.C.S. § 2503 (relating to voluntary
7 manslaughter).
8 (4) 18 Pa.C.S. § 2504 (relating to involuntary
9 manslaughter).
10 (5) 18 Pa.C.S. § 2505 (relating to causing or aiding
11 suicide), if the offense is graded as a felony.
12 (6) 18 Pa.C.S. § 2506 (relating to drug delivery
13 resulting in death).
14 (7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
15 law enforcement officer).
16 * * *
17 "Modified DNA search." A search of the State DNA Data Base, <--
18 using scientifically valid and reliable methods in accordance
19 with rules, regulations and guidelines promulgated under section
20 2318 (relating to procedures for conduct, disposition and use of
21 DNA analysis), to determine that a crime scene DNA profile is
22 sufficiently likely to have originated from a close relative of
23 an individual whose DNA profile is recorded in the State DNA
24 Data Base.
25 * * *
26 "Other specified offense." Any of the following, OR AN <--
27 ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY OF THE
28 FOLLOWING:
29 (1) A felony offense, other than criminal homicide or a
30 felony sex offense.
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 1 (2) (Reserved).
2 (3) (Reserved).
3 (4) An offense under 18 Pa.C.S. (relating to crimes and
4 offenses) or 75 Pa.C.S. (relating to vehicles) that is graded
5 as a misdemeanor of the first degree.
6 (5) A misdemeanor offense requiring registration under
7 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
8 sexual offenders).
9 (6) An offense graded as a misdemeanor of the second
10 degree under any of the following:
11 18 Pa.C.S. § 2701 (relating to simple assault).
12 18 Pa.C.S. § 2903 (relating to false imprisonment).
13 18 Pa.C.S. § 3127 (relating to indecent exposure).
14 18 Pa.C.S. Ch. 39 (relating to theft and related
15 offenses).
16 18 Pa.C.S. § 4105 (relating to bad checks).
17 18 Pa.C.S. § 4106 (relating to access device fraud).
18 18 Pa.C.S. § 4952 (relating to intimidation of
19 witnesses or victims).
20 18 Pa.C.S. § 4953 (relating to retaliation against
21 witness, victim or party).
22 18 Pa.C.S. § 4958 (relating to intimidation,
23 retaliation or obstruction in child abuse cases).
24 18 Pa.C.S. § 5121 (relating to escape).
25 18 Pa.C.S. § 5126 (relating to flight to avoid
26 apprehension, trial or punishment).
27 18 Pa.C.S. § 5131 (relating to recruiting criminal
28 gang members).
29 18 Pa.C.S. § 5510 (relating to abuse of corpse).
30 18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to
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 1 animals).
2 18 Pa.C.S. § 5902 (relating to prostitution and
3 related offenses).
4 * * *
5 Section 3. Sections 2312, 2314(b), 2316 and 2317(a)(1)
6 introductory paragraph of Title 44 are amended to read:
7 § 2312. State DNA Data Base.
8 A Statewide DNA Data Base is reestablished within the State
9 Police to store forensic DNA profiles and records developed by
10 or submitted to the State Police under the former DNA Act, the
11 former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
12 testing) or this chapter, and to contribute forensic DNA
13 profiles and records to CODIS, the National Missing and
14 Unidentified Persons System and the national DNA identification
15 index system. The State DNA Data Base shall have the capability
16 provided by computer software and procedures administered by the
17 State Police to store and maintain forensic DNA profiles and
18 records related to:
19 (1) forensic casework;
20 (2) arrested and [convicted or delinquency adjudicated <--
21 offenders] PERSONS required to provide a DNA sample under <--
22 this chapter;
23 (3) anonymous DNA records used for statistical research
24 on the frequency of DNA genotypes, quality control and bias <--
25 or the development of new DNA identification methods; and
26 (4) missing persons and unidentified decedents.
27 § 2314. State Police recommendation of additional offenses and
28 annual report.
29 * * *
30 (b) Annual report.--No later than August 1 of each year, the
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 1 commissioner shall submit to the Governor's Office, the
2 chairperson and minority chairperson of the Judiciary Committee
3 of the Senate and the chairperson and minority chairperson of
4 the Judiciary Committee of the House of Representatives a
5 written report containing information regarding the collection
6 and testing of DNA samples under the provisions of this chapter.
7 The report must include, but need not be limited to, the
8 following information pertaining to the previous fiscal year:
9 (1) The age, race and sex of those [convicted] from whom
10 DNA samples were submitted [upon conviction] under this
11 chapter.
12 (2) The fiscal impact on the State Police of collecting
13 and testing DNA samples from persons arrested for, [convicted <--
14 of or adjudicated delinquent for offenses.] REQUIRED TO <--
15 PROVIDE A DNA SAMPLE UNDER THIS CHAPTER.
16 (3) The average length of time between the receipt of
17 DNA samples [from those convicted of offenses] and the
18 completion of forensic DNA testing of each of those
19 categories of DNA samples.
20 (3.1) The number of DNA samples expunged from the State
21 DNA Data Base.
22 (4) Recommendations, if any, under this section for the
23 inclusion of additional offenses for which DNA samples must
24 be collected or recommendations for the removal of specific
25 offenses from the categories requiring the collection of DNA
26 samples from arrestees or persons convicted of crimes.
27 § 2316. DNA sample required [upon conviction, delinquency
28 adjudication and certain ARD cases].
29 (a) [General rule.--] CONVICTION OR ADJUDICATION.--A person <--
30 who is convicted or adjudicated delinquent for criminal
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 1 homicide, a felony sex offense or other specified offense or who
2 is or remains incarcerated for a felony sex offense or other
3 specified offense on or after the effective date of this chapter
4 shall have a DNA sample collected as follows:
5 (1) A person who is sentenced or receives a delinquency
6 disposition to a term of confinement for an offense covered
7 by this subsection shall have a DNA sample collected upon
8 intake to a prison, jail or juvenile detention facility or
9 any other detention facility or institution. If the person is
10 already confined at the time of sentencing or adjudication,
11 the person shall have a DNA sample collected immediately
12 after the sentencing or adjudication. If a DNA sample is not
13 timely collected in accordance with this section, the DNA
14 sample may be collected any time thereafter by the prison,
15 jail, juvenile detention facility, detention facility or
16 institution.
17 (2) A person who is convicted or adjudicated delinquent
18 for an offense covered by this subsection shall have a DNA
19 sample collected as a condition for any sentence or
20 adjudication which disposition will not involve an intake
21 into a prison, jail, juvenile detention facility or any other
22 detention facility or institution.
23 (3) Under no circumstances shall a person who is
24 convicted or adjudicated delinquent for an offense covered by
25 this subsection be released in any manner after such
26 disposition unless and until a DNA sample and fingerprints
27 have been collected.
28 (b) Condition of release, probation or parole.--
29 (1) A person who has been convicted or adjudicated
30 delinquent for criminal homicide, a felony sex offense or
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 1 other specified offense and who serves a term of confinement
2 in connection therewith after June 18, 2002, shall not be
3 released in any manner unless and until a DNA sample has been
4 collected.
5 (2) This chapter shall apply to incarcerated persons
6 convicted or adjudicated delinquent for criminal homicide, a
7 felony sex offense or other specified offense prior to June
8 19, 2002.
9 (3) The following shall apply:
10 (i) Except as provided under subparagraph (ii), this
11 chapter shall apply to incarcerated persons and persons
12 on probation or parole who were convicted or adjudicated
13 delinquent for criminal homicide, a felony sex offense or
14 other specified offenses prior to the effective date of
15 this paragraph.
16 (ii) Subparagraph (i) shall not apply to persons
17 convicted or adjudicated delinquent of an offense
18 enumerated under paragraph (4) or (6) of the definition
19 of "other specified offense" in section 2303 (relating to
20 definitions).
21 (c) Certain ARD cases.--Acceptance into ARD as a result of a
22 criminal charge for criminal homicide, a felony sex offense or
23 other specified offense, other than an offense enumerated under
24 paragraph (4) or (6) of the definition of "other specified
25 offense" in section 2303 filed after June 18, 2002, [may] shall
26 be conditioned upon the collection of a DNA sample.
27 (c.1) Arrest.--A person who is arrested in this Commonwealth <--
28 for criminal homicide, a felony sex offense or other specified
29 offense shall have a DNA sample collected as follows:
30 (1) The person shall have a DNA sample collected at the
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 1 time fingerprints are collected under 18 Pa.C.S. § 9112
2 (relating to mandatory fingerprinting). DNA collected shall
3 be submitted to the State Police within 48 hours in a manner
4 prescribed by rules, regulations and guidelines promulgated
5 under section 2318 (relating to procedures for conduct,
6 disposition and use of DNA analysis).
7 (2) The person may not be released until a DNA sample
8 and fingerprints are collected.
9 (3) If a DNA sample is not timely collected in
10 accordance with this subsection, the DNA sample may be
11 collected any time thereafter by a law enforcement official,
12 prison, jail, juvenile detention facility, detention facility
13 or institution.
14 (C.1) ARREST.--EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, <--
15 A DNA SAMPLE SHALL BE COLLECTED AS FOLLOWS:
16 (1) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR
17 CRIMINAL HOMICIDE SHALL HAVE A DNA SAMPLE COLLECTED AT THE
18 TIME FINGERPRINTS ARE COLLECTED UNDER 18 PA.C.S. § 9112
19 (RELATING TO MANDATORY FINGERPRINTING). THE COLLECTED DNA
20 SAMPLE SHALL BE SUBMITTED TO THE STATE POLICE WITHIN 48 HOURS
21 IN A MANNER PRESCRIBED BY RULES, REGULATIONS AND GUIDELINES
22 PROMULGATED UNDER SECTION 2318 (RELATING TO PROCEDURES FOR
23 CONDUCT, DISPOSITION AND USE OF DNA ANALYSIS). THE PERSON MAY
24 NOT BE RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE
25 COLLECTED.
26 (2) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR A
27 FELONY SEX OFFENSE SHALL HAVE A DNA SAMPLE COLLECTED AT THE
28 TIME FINGERPRINTS ARE COLLECTED UNDER 18 PA.C.S. § 9112. THE
29 COLLECTED DNA SAMPLE SHALL BE SUBMITTED TO THE STATE POLICE
30 WITHIN 48 HOURS IN A MANNER PRESCRIBED BY RULES, REGULATIONS
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 1 AND GUIDELINES PROMULGATED UNDER SECTION 2318. THE PERSON MAY
2 NOT BE RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE
3 COLLECTED.
4 (3) A PERSON WHO IS ARRESTED IN THIS COMMONWEALTH FOR AN
5 OFFENSE LISTED UNDER PARAGRAPH (1), (4) OR (5) OF THE
6 DEFINITION OF "OTHER SPECIFIED OFFENSE" IN SECTION 2303 SHALL
7 HAVE A DNA SAMPLE COLLECTED AT THE TIME FINGERPRINTS ARE
8 COLLECTED UNDER 18 PA.C.S. § 9112. THE COLLECTED DNA SAMPLE
9 SHALL BE SUBMITTED TO THE STATE POLICE WITHIN 48 HOURS IN A
10 MANNER PRESCRIBED BY RULES, REGULATIONS AND GUIDELINES
11 PROMULGATED UNDER SECTION 2318. THE PERSON MAY NOT BE
12 RELEASED UNTIL A DNA SAMPLE AND FINGERPRINTS ARE COLLECTED.
13 (C.2) LIMITATIONS.--SUBSECTION (C.1) SHALL NOT APPLY TO A
14 CRIMINAL PROCEEDING IN WHICH THE PERSON WHO IS THE SUBJECT OF
15 THE CRIMINAL PROCEEDING IS NOT ARRESTED AND IS INSTEAD PROCEEDED
16 AGAINST BY SUMMONS. NOTHING IN THIS SUBSECTION SHALL BE
17 CONSTRUED TO PRECLUDE THE COLLECTION OF DNA OTHERWISE AUTHORIZED
18 BY THIS CHAPTER.
19 (d) Supervision of DNA samples.--All DNA samples collected
20 pursuant to this section shall be collected in accordance with
21 rules, regulations and guidelines promulgated by the State
22 Police in consultation with the Department of Corrections.
23 (d.1) Mandatory submission.--The requirements of this
24 chapter are mandatory and apply regardless of whether a court
25 advises a person that a DNA sample must be provided to the State
26 DNA Data Base and the State DNA Data Bank as a result of [a] an
27 arrest, conviction or adjudication of delinquency. A person who
28 has been sentenced to death or life imprisonment without the
29 possibility of parole or to any term of incarceration is not
30 exempt from the requirements of this chapter. Any person subject
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