

     § 2317.  Procedures for withdrawal, collection and transmission
                of DNA samples.
        (a)  Drawing of DNA samples.--
            (1)  Each DNA sample required to be drawn pursuant to
        section 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 facility or other facility to be
        specified by the court. Only those individuals qualified to
        draw DNA samples in a medically approved manner shall draw a
        DNA sample to be submitted for DNA analysis. Such sample and
        the set of fingerprints provided for in paragraph (2) shall
        be delivered to the State Police within 48 hours of drawing
        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 for the exclusive purpose of verifying
        the identity of such person.
        (b)  Limitation on liability.--Persons authorized to draw 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.

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Last modified: November 27, 2007