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    PART I. PRELIMINARY PROVISIONS
    (Reserved)
    PART II. PENNSYLVANIA STATE POLICE
    Chapter 21. Preliminary Provisions (Reserved)
    Chapter 23. DNA Data and Testing
    Subchapter A. Preliminary Provisions
  • § 2301.  Scope of chapter.
    This chapter provides for DNA detection of sexual offenders and other offenders. ...
  • § 2302.  Policy.
    The General Assembly finds and declares that: (1) DNA data banks are an important tool in criminal investigations, in the exclusion of individuals who are ...
  • § 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 ...

  • Subchapter B. General Provisions
  • § 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 ...
  • § 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 ...
  • § 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. ...
  • § 2314.  State Police recommendation of additional offenses.
    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 ...
  • § 2315.  Procedural compatibility with FBI.
    The DNA identification system as established by the State Police shall be compatible with the procedures specified by the FBI, including use of comparable test ...
  • § 2316.  DNA sample required upon conviction, delinquency adjudication and certain ARD cases.
    § 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 ...
  • § 2317.  Procedures for withdrawal, collection and transmission of DNA samples.
    § 2317. Procedures for withdrawal, collection and transmission of DNA samples. (a) Drawing of DNA samples.-- (1) Each DNA sample required to be drawn pursuant ...
  • § 2318.  Procedures for conduct, disposition and use of DNA analysis.
    § 2318. Procedures for conduct, disposition and use of DNA analysis. (a) Procedures.--The State Police shall prescribe procedures to be used in the collection, submission, ...
  • § 2319.  DNA data base exchange.
    (a) Receipt of DNA samples by State Police.--It shall be the duty of the State Police to receive DNA samples, to store, to perform analysis ...
  • § 2320.  Cancellation of authority to access or exchange DNA records.
    § 2320. Cancellation of authority to access or exchange DNA records. The State Police shall be authorized, for good cause shown, to revoke or suspend ...
  • § 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 ...
  • § 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 ...
  • § 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, ...

  • Subchapter C. Enforcement and Other Provisions
  • § 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 ...
  • § 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 ...
  • § 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 ...
  • § 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 ...
  • § 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 ...
  • § 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 ...

Last modified: November 22, 2007