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PRINTER'S NO. 1088
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 912
Session of
2025
INTRODUCED BY FARRY, PENNYCUICK, PICOZZI, STEFANO, VOGEL, FLYNN,
ARGALL AND CULVER, JULY 31, 2025
REFERRED TO LAW AND JUSTICE, JULY 31, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for policy, for definitions, for State DNA Data
Base, for State Police recommendation of additional offenses
and annual report, for DNA sample required upon conviction,
delinquency adjudication and certain ARD cases, for DNA data
base exchange, for expungement and for mandatory cost; and
making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302(2) and (4) of Title 44 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
* * *
(2) Several states have enacted laws requiring persons
arrested, charged or convicted of certain crimes, especially
sex offenses, to provide genetic samples for DNA profiling.
* * *
(4) It is in the best interest of the Commonwealth to
establish a DNA data base and a DNA data bank containing DNA
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samples submitted by individuals arrested for, charged with,
convicted of, adjudicated delinquent for or accepted into ARD
for criminal homicide, felony sex offenses and other
specified offenses and containing DNA samples collected as
part of an investigation into missing persons or unidentified
decedents.
* * *
Section 2. The definition of "other specified offense" in
section 2303 of Title 44 is amended and the section is amended
by adding a definition to read:
§ 2303. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Criminal homicide." An offense under any of the following ,
or an attempt, conspiracy or solicitation to commit any of the
following:
(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
(2) 18 Pa.C.S. § 2502 (relating to murder).
(3) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(4) 18 Pa.C.S. § 2504 (relating to involuntary
manslaughter).
(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
suicide), if the offense is graded as a felony.
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
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* * *
"Other specified offense." Any of the following, or an
attempt, conspiracy or solicitation to commit any of the
following:
(1) A felony offense, other than criminal homicide or a
felony sex offense.
(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).
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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).
* * *
Section 3. Sections 2312, 2314(b), 2316 and 2317(a)(1)
introductory paragraph of Title 44 are amended to read:
§ 2312. State DNA Data Base.
A Statewide DNA Data Base is reestablished within the State
Police to store forensic DNA profiles and records developed by
or submitted to the State Police under the former DNA Act, the
former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
testing) or this chapter, and to contribute forensic DNA
profiles and records to CODIS, the National Missing and
Unidentified Persons System and the national DNA identification
index system. The State DNA Data Base shall have the capability
provided by computer software and procedures administered by the
State Police to store and maintain forensic DNA profiles and
records related to:
(1) forensic casework;
(2) [convicted or delinquency adjudicated offenders]
persons required to provide a DNA sample under this chapter;
(3) anonymous DNA records used for statistical research
on the frequency of DNA genotypes, quality control or the
development of new DNA identification methods; and
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(4) missing persons and unidentified decedents.
§ 2314. State Police recommendation of additional offenses and
annual report.
* * *
(b) Annual report.--No later than August 1 of each year, the
commissioner shall submit to the Governor's Office, the
chairperson and minority chairperson of the Judiciary Committee
of the Senate and the chairperson and minority chairperson of
the Judiciary Committee of the House of Representatives a
written report containing information regarding the collection
and testing of DNA samples under the provisions of this chapter.
The report must include, but need not be limited to, the
following information pertaining to the previous fiscal year:
(1) The age, race and sex of those [convicted] from whom
DNA samples were submitted [upon conviction] under this
chapter.
(2) The fiscal impact on the State Police of collecting
and testing DNA samples from persons [convicted of or
adjudicated delinquent for offenses.] required to provide a
DNA sample under this chapter.
(3) The average length of time between the receipt of
DNA samples [from those convicted of offenses] and the
completion of forensic DNA testing of each of those
categories of DNA samples.
(3.1) The number of DNA samples expunged from the State
DNA Data Base.
(4) Recommendations, if any, under this section for the
inclusion of additional offenses for which DNA samples must
be collected or recommendations for the removal of specific
offenses from the categories requiring the collection of DNA
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samples from arrestees or persons convicted of crimes.
§ 2316. DNA sample required [upon conviction, delinquency
adjudication and certain ARD cases].
(a) [General rule.--] Conviction or adjudication.--A person
who is convicted or adjudicated delinquent for criminal
homicide, a felony sex offense or other specified offense or who
is or remains incarcerated for a felony sex offense or other
specified offense on or after the effective date of this chapter
shall have a DNA sample collected as follows:
(1) A person who is sentenced or receives a delinquency
disposition to a term of confinement for an offense covered
by this subsection shall have a DNA sample collected upon
intake to a prison, jail or juvenile detention facility or
any other detention facility or institution. If the person is
already confined at the time of sentencing or adjudication,
the person shall have a DNA sample collected immediately
after the sentencing or adjudication. If a DNA sample is not
timely collected in accordance with this section, the DNA
sample may be collected any time thereafter by the prison,
jail, juvenile detention facility, detention facility or
institution.
(2) A person who is convicted or adjudicated delinquent
for an offense covered by this subsection shall have a DNA
sample collected as a condition for any sentence or
adjudication which disposition will not involve an intake
into a prison, jail, juvenile detention facility or any other
detention facility or institution.
(3) Under no circumstances shall a person who is
convicted or adjudicated delinquent for an offense covered by
this subsection be released in any manner after such
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disposition unless and until a DNA sample and fingerprints
have been collected.
(b) Condition of release, probation or parole.--
(1) A person who has been convicted or adjudicated
delinquent for criminal homicide, a felony sex offense or
other specified offense and who serves a term of confinement
in connection therewith after June 18, 2002, shall not be
released in any manner unless and until a DNA sample has been
collected.
(2) This chapter shall apply to incarcerated persons
convicted or adjudicated delinquent for criminal homicide, a
felony sex offense or other specified offense prior to June
19, 2002.
(3) The following shall apply:
(i) Except as provided under subparagraph (ii), this
chapter shall apply to incarcerated persons and persons
on probation or parole who were convicted or adjudicated
delinquent for criminal homicide, a felony sex offense or
other specified offenses prior to the effective date of
this paragraph.
(ii) Subparagraph (i) shall not apply to persons
convicted or adjudicated delinquent of an offense
enumerated under paragraph (4) or (6) of the definition
of "other specified offense" in section 2303 (relating to
definitions).
(c) Certain ARD cases.--Acceptance into ARD as a result of a
criminal charge for criminal homicide, a felony sex offense or
other specified offense, 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
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be conditioned upon the collection of a DNA sample.
(c.1) Arrest.--Except as otherwise provided in this section,
a person who is arrested for a specified offense on or after the
effective date of this subsection shall have a DNA sample
collected as follows:
(1) A person who is arrested in this Commonwealth for
criminal homicide shall have a DNA sample collected at the
time fingerprints are collected under 18 Pa.C.S. § 9112
(relating to mandatory fingerprinting). The collected DNA
sample shall be submitted to the State Police within 48 hours
in a manner prescribed by rules, regulations and guidelines
promulgated under section 2318 (relating to procedures for
conduct, disposition and use of DNA analysis). The person may
not be released until a DNA sample and fingerprints are
collected.
(2) A person who is arrested in this Commonwealth for a
felony sex offense shall have a DNA sample collected at the
time fingerprints are collected under 18 Pa.C.S. § 9112. The
collected DNA sample shall be submitted to the State Police
within 48 hours in a manner prescribed by rules, regulations
and guidelines promulgated under section 2318. The person may
not be released until a DNA sample and fingerprints are
collected.
(3) A person who is arrested in this Commonwealth for an
offense listed under paragraph (1), (4) or (5) of the
definition of "other specified offense" in section 2303 shall
have a DNA sample collected at the time fingerprints are
collected under 18 Pa.C.S. § 9112. The collected DNA sample
shall be submitted to the State Police within 48 hours in a
manner prescribed by rules, regulations and guidelines
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promulgated under section 2318. The person may not be
released until a DNA sample and fingerprints are collected.
(c.2) Limitations.--
(1) Subsection (c.1) shall not apply to a criminal
proceeding in which the person who is the subject of the
criminal proceeding is not arrested and is instead proceeded
against by summons.
(2) Nothing in this subsection shall be construed to
preclude the collection of DNA otherwise authorized by this
chapter.
(d) Supervision of DNA samples.--All DNA samples collected
pursuant to this section shall be collected in accordance with
rules, regulations and guidelines promulgated by the State
Police in consultation with the Department of Corrections.
(d.1) Mandatory submission.--The requirements of this
chapter are mandatory and apply regardless of whether a court
advises a person that a DNA sample must be provided to the State
DNA Data Base and the State DNA Data Bank as a result of [a] an
arrest, conviction or adjudication of delinquency. A person who
has been sentenced to death or life imprisonment without the
possibility of parole or to any term of incarceration is not
exempt from the requirements of this chapter. Any person subject
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
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authorized law enforcement or corrections personnel. The DNA
sample may be collected under this chapter but shall not be
required if the authorized law enforcement or corrections
official confirms that a DNA sample from the person has already
been validly collected and provided to the State DNA Data Bank
and a DNA record for the person exists in the State DNA Data
Base.
(e) Definition.--As used in this section, the term
"released" means any release, parole, furlough, work release,
bail, prerelease or release in any other manner from a prison,
jail, juvenile detention facility or any other place of
confinement.
§ 2317. Procedures for collection and transmission of DNA
samples.
(a) Collection of DNA samples.--
(1) Each DNA sample required to be collected pursuant to
sections 2316 (relating to DNA sample required [upon
conviction, delinquency adjudication and certain ARD cases])
and 2316.1 (relating to collection from persons accepted from
other jurisdictions) shall be collected as follows:
* * *
Section 4. Section 2319 of Title 44 is amended by adding a
subsection to read:
§ 2319. DNA data base exchange.
* * *
(d) Separate category.--The State Police shall create a
separate category within the State DNA Data Base to store DNA
samples and records collected upon arrest under section
2316(c.1) (relating to DNA sample required).
Section 5. Sections 2321(b.1) and 2322 of Title 44 are
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amended to read:
§ 2321. Expungement.
* * *
(b.1) Expungement by court order.--The following shall
apply:
(1) Except as provided under [paragraph (2)] paragraphs
(2) and (3), a person may request the court of common pleas
of the county where the original charges were filed or where
the arrest for which the DNA sample, record or profile was
made to issue an order directing the expungement of the DNA
sample, record or profile pertaining to the person in the
State DNA Data Bank or the State DNA Data Base in the
following instances:
(i) the conviction or delinquency adjudication for
which the person's DNA sample was collected has been
reversed and no appeal is pending;
(i.1) the charge for which the DNA sample was taken
has been dismissed, no appeal is pending and the
prosecuting authority is barred from further prosecution;
(i.2) there has been a judgment of acquittal on the
charge for which the DNA sample was taken and no further
appeal is pending;
(i.3) the person from whom the DNA sample was taken
was not charged with a crime for which a DNA sample is
authorized to be taken under this chapter;
(i.4) the prosecuting authority has expressly
declined to prosecute the charge for which the DNA sample
was taken;
(i.5) the charge for which the DNA sample was taken
was not filed within the statute of limitations;
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(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
arrested, convicted or adjudicated delinquent for any other
crime for which a DNA sample is required to be collected
under this chapter.
(3) The court shall give [10] 30 days' prior notice to
the district attorney of the county where the original
charges were filed of an application for expungement under
this subsection.
(4) Notwithstanding any other law or rule of court, the
court shall have no authority to order the expungement of a
DNA sample, record or profile in the State DNA Data Bank or
the State DNA Data Base except as provided under this
subsection.
* * *
§ 2322. Mandatory cost.
Unless the court finds that undue hardship would result, a
mandatory cost of $250, which shall be in addition to any other
costs imposed pursuant to statutory authority, shall
automatically be assessed on any person convicted, adjudicated
delinquent or granted ARD for criminal homicide, a felony sex
offense or other specified offense, and all proceeds derived
from this section shall be transmitted to the fund.
Section 6. This act shall take effect as follows:
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(1) The addition of 44 Pa.C.S. § 2316(c.1)(2) shall take
effect in one year.
(2) The addition of 44 Pa.C.S. § 2316(c.1)(3) shall take
effect in 18 months.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect in six
months.
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