44 Pa.C.S. Ch. 23

in effect

44 Pa.C.S. § 2301 Scope of chapter.

This chapter provides for DNA detection of sexual offenders and other offenders.

44 Pa.C.S. § 2302 Policy.

The General Assembly finds and declares that: (1) Forensic DNA testing is an important tool in criminal investigations and investigations of missing persons or unidentified decedents, in excluding innocent individuals who are the subject of criminal investigations or prosecutions and in 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 and investigations of missing persons or unidentified decedents. (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 convicted of, adjudicated delinquent for or accepted into ARD for felony sex offenses and other specified offenses and containing DNA samples collected as part of an investigation into missing persons or unidentified decedents. (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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days) Special Provisions in Appendix. See section 7 of Act 4 of 2022 in the appendix to this title for special provisions relating to Pennsylvania State Police.

44 Pa.C.S. § 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 Combined DNA Index System 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 justice agency." A criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions). "DNA." Deoxyribonucleic acid located in the chromosomes or mitochondria of a living organism's cells. "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 identification or supporting statistical interpretation of DNA test results. "DNA sample." A sample of biological material suitable for forensic DNA testing. "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. § 4302 (relating to incest). 18 Pa.C.S. § 3027 (relating to promoting prostitution). 18 Pa.C.S. § 5903(a) (relating to obscene and other sexual materials and performances) where the offense constitutes a felony. 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 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). "High-risk missing person." An individual who is 18 years of age or older and: (1) whose temporary or permanent residence is in this Commonwealth or is believed to be in this Commonwealth; (2) whose whereabouts are unknown; (3) who has been reported missing to a law enforcement agency; and (4) circumstances indicate any of the following: (i) the individual is missing as a result of a stranger abduction; (ii) the individual is missing under suspicious, unknown or dangerous circumstances and the law enforcement agency reasonably believes that the individual is at risk of injury or death; (iii) the individual is missing for more than 30 days; or (iv) the individual has been designated as a high-risk missing person by another law enforcement agency. "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. "National Missing and Unidentified Persons System." A national centralized repository and resource center for missing persons, unidentified decedents and unclaimed decedents that is maintained by the National Institute of Justice within the United States Department of Justice. "Other specified offense." Any of the following: (1) A felony offense, other than a felony sex offense. (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 animals). 18 Pa.C.S. § 5902 (relating to prostitution and 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. (Dec. 20, 2011, P.L.446, No.111, eff. one year; Oct. 24, 2018, P.L.896, No.147; Feb. 3, 2022, P.L.16, No.4, eff. 60 days; July 20, 2026, P.L.492, No.41, eff. 60 days) 2026 Amendment. Act 41 amended the def. of "felony sex offense." 2022 Amendment. Act 4 added the defs. of "high-risk missing person" and "National Missing and Unidentified Persons System." See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police. 2018 Amendment. Act 147 amended the entire section, effective December 1, 2019, as to the addition of pars. (4) and (6) of the def. of "other specified offense" and 360 days as to the remainder of the section. Cross References. Section 2303 is referred to in section 2316 of this title.

44 Pa.C.S. § 2311 Powers and duties of State Police.

In addition to any other powers and duties conferred by this chapter, the State Police shall: (1) Be responsible for the policy management and administration of the State DNA identification record system to support law enforcement agencies and other criminal justice agencies. (2) Promulgate, as necessary, rules, regulations and guidelines to carry out the provisions of this chapter. (3) Provide for liaison with the FBI and other criminal justice agencies in regard to the Commonwealth's participation in CODIS or in any DNA data base designated by the State Police. (Oct. 24, 2018, P.L.896, No. 147, eff. 360 days) 2018 Amendment. Act 147 amended par. (2).

44 Pa.C.S. § 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) convicted or delinquency adjudicated offenders 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 or the development of new DNA identification methods; and (4) missing persons and unidentified decedents. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days) Special Provisions in Appendix. See section 7 of Act 4 of 2022 in the appendix to this title for special provisions relating to Pennsylvania State Police.

44 Pa.C.S. § 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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

44 Pa.C.S. § 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 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. (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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

44 Pa.C.S. § 2315 Procedural compatibility with FBI.

The DNA identification system established by the State Police shall comply with 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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

44 Pa.C.S. § 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 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 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 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) 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 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 be conditioned upon the collection of a DNA sample. (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 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 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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days) Cross References. Section 2316 is referred to in section 2317 of this title.

44 Pa.C.S. § 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 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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days) 2018 Amendment. Act 147 added section 2316.1. References in Text. The Pennsylvania Board of Probation and Parole, referred to in subsec. (a), was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59). Cross References. Section 2316.1 is referred to in section 2317 of this title.

44 Pa.C.S. § 2316.2 Collection of DNA in investigations of high-risk missing persons and missing children.

(a) Collection of DNA samples.--In an investigation of a high-risk missing person or missing child, the law enforcement agency shall, within seven days of the receipt of a missing persons report or within seven days of the commencement of a missing persons investigation, whichever is earlier, collect a DNA sample from available personal articles belonging to the missing person or missing child for law enforcement identification purposes. (b) Submission of DNA samples.--Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with any known personal identifying information that may assist efforts to identify the high-risk missing person or missing child. (c) Definition.--As used in this section, the term "child" means an individual under 18 years of age. (Feb. 3, 2022, P.L.16, No.4, eff. 60 days) 2022 Amendment. Act 4 added section 2316.2. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police. Cross References. Section 2316.2 is referred to in section 2319 of this title; section 2908 of Title 18 (Crimes and Offenses).

44 Pa.C.S. § 2316.3 Collection of DNA in investigations of missing persons.

(a) Collection of DNA samples.--In an investigation of a missing person, the law enforcement agency shall, within 30 days of the receipt of a missing persons report or within 30 days of the commencement of a missing persons investigation, whichever is earlier, collect a DNA sample from available personal articles belonging to the missing person for law enforcement identification purposes. (b) Submission of DNA samples.--Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with any known personal identifying information that may assist efforts to identify the missing person. (Feb. 3, 2022, P.L.16, No.4, eff. 60 days) 2022 Amendment. Act 4 added section 2316.3. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police. Cross References. Section 2316.3 is referred to in section 2319 of this title.

44 Pa.C.S. § 2316.4 Collection of DNA in investigations of unidentified decedents.

(a) Collection of DNA samples.--Within 24 hours of discovering an unidentified decedent, the investigating law enforcement agency or coroner shall collect DNA samples from the unidentified decedent for law enforcement identification purposes. (b) Submission of DNA samples.--Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered by the law enforcement agency or coroner to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with any known personal identifying information that may assist efforts to identify the unidentified decedent. (Feb. 3, 2022, P.L.16, No.4, eff. 60 days) 2022 Amendment. Act 4 added section 2316.4. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police. Cross References. Section 2316.4 is referred to in section 2319 of this title; section 2908 of Title 18 (Crimes and Offenses).

44 Pa.C.S. § 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: (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 section 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. (iv) DNA samples and the set of fingerprints provided for in paragraph (2) shall be delivered to the State Police within 48 hours of 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 collected for the exclusive purpose of verifying the identity of such person. (b) Limitation on liability.--Persons authorized to 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. (c) Reasonable use of force.--Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this chapter, and no such employee shall be criminally or civilly liable for the use of reasonable force. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days) 2018 Amendment. Act 147 amended the section heading and subsecs. (a) and (b).

44 Pa.C.S. § 2318 Procedures for conduct, disposition and use of DNA analysis.

(a) Procedures.-- (1) The State Police shall 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 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 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 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. (ii) Compliance with FBI Quality Assurance Standards, including continuing education requirements for the personnel of forensics DNA testing laboratories. (b) Contracting.--The State Police are authorized to contract with third parties for purposes of this chapter. (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. (d) Restrictions and requirements on contracting party.--Any other party contracting to carry out the functions of this chapter shall be subject to the same restrictions and requirements of this chapter, insofar as applicable, as the State Police as well as any additional restrictions imposed by the State Police. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days) 2018 Amendment. Act 147 amended subsecs. (a) and (c). Cross References. Section 2318 is referred to in section 2319 of this title.

44 Pa.C.S. § 2319 DNA data base exchange.

(a) Receipt of DNA samples by State Police.--It shall be the duty of the State Police to: (1) Receive and store DNA samples, to perform forensic DNA testing or to contract for testing with an accredited forensic DNA laboratory that meets the rules, regulations and guidelines under section 2318 (relating to procedures for conduct, disposition and use of DNA analysis) as established by the State Police. (2) Store forensic DNA 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 and to make such information available as provided in this section. (a.1) Contracts.--The State Police may contract for DNA testing to an accredited forensic DNA laboratory that meets the rules, regulations and guidelines as established by the State Police under section 2318. DNA records in the State DNA Data Base shall be made available: (1) to criminal justice agencies or 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. (a.2) National Missing and Unidentified Persons System.--Any DNA sample collected in accordance with section 2316.2 (relating to collection of DNA in investigations of high-risk missing persons and missing children), 2316.3 (relating to collection of DNA in investigations of missing persons) or 2316.4 (relating to collection of DNA in investigations of unidentified decedents) shall be submitted to the National Missing and Unidentified Persons System, along with any of the information delivered to the Pennsylvania State Police in accordance with section 2316.2(b), 2316.3(b) or 2316.4(b). (b) Methods of obtaining information.--The State Police shall 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 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 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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days) 2022 Amendment. Act 4 added subsec. (a.2). See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police. Cross References. Section 2319 is referred to in sections 2316.2, 2316.3, 2316.4, 2318 of this title.

44 Pa.C.S. § 2320 Cancellation of authority to access or exchange DNA records.

The State Police shall be authorized, for good cause shown, to revoke or suspend the right of a forensic DNA laboratory within this Commonwealth to access or exchange DNA identification records with criminal justice agencies.

44 Pa.C.S. § 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 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 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 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. (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. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days) Cross References. Section 2321 is referred to in section 2323 of this title.

44 Pa.C.S. § 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 a felony sex offense or other specified offense, and all proceeds derived from this section shall be transmitted to the fund. Cross References. Section 2322 is referred to in section 2335 of this title.

44 Pa.C.S. § 2323 Good faith.

A DNA sample obtained in good faith under this subchapter shall be deemed to have been obtained in accordance with the requirements of this subchapter, and its use in accordance with this chapter is authorized until an expungement is obtained pursuant to section 2321 (relating to expungement).

44 Pa.C.S. § 2331 Prohibition on disclosure.

(a) Disclosure.--Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or in the State DNA Data Bank shall not disclose it in any manner to any person or agency not authorized to receive it knowing that such person or agency is not authorized to receive it. (b) Obtaining information.--No person shall obtain individually identifiable DNA information from the State DNA Data Base or the State DNA Data Bank without authorization to do so. Cross References. Section 2331 is referred to in sections 2332, 2333 of this title.

44 Pa.C.S. § 2332 Criminal penalties.

(a) Disclosure.--Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or in the State DNA Data Bank and who for pecuniary gain for such person or for any other person discloses it in any manner to any person or agency not authorized to receive it commits a misdemeanor of the first degree. (b) Obtaining information.--Any person who knowingly violates section 2331(b) (relating to prohibition on disclosure) commits a misdemeanor of the first degree.

44 Pa.C.S. § 2333 Civil actions.

(a) Injunctions.--The State Police or any other aggrieved individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual from violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter. (b) Action for damages.-- (1) Any person aggrieved by a knowing violation of section 2331 (relating to prohibition on disclosure) shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction. (2) A person found by the court to have been aggrieved by a knowing violation of section 2331 shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of section 2331.

44 Pa.C.S. § 2334 Confidentiality of records.

All DNA profiles and samples submitted to the State Police pursuant to the former DNA Act, former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter shall be treated as confidential except as otherwise provided in this chapter.

44 Pa.C.S. § 2335 DNA Detection Fund.

The DNA Detection Fund is reestablished in the State Treasury as a restricted fund. All costs collected under section 2322 (relating to mandatory cost) shall be paid into the fund. All moneys in the fund and the interest accruing thereon are hereby appropriated to the Pennsylvania State Police on a continuing basis to carry out the provisions of this chapter upon authorization of the Governor for each fiscal year. Cross References. Section 2335 is referred to in section 2303 of this title.

44 Pa.C.S. § 2336 Authority of law enforcement officers.

Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and utilize DNA samples for law enforcement purposes.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=44Fetched: 10/16/2026