44 Pennsylvania Consolidated Statutes § 2303 - Definitions

§ 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:

"ARD." Accelerated Rehabilitative Disposition.

"CODIS." The term is derived from Combined DNA Index System, the Federal Bureau of Investigation's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories.

"Commissioner." The Commissioner of the Pennsylvania State Police.

"Criminal justice agency." A criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions).

"DNA." Deoxyribonucleic acid. DNA is located in the cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.

"DNA record." DNA identification information stored in the State DNA Data Base or the Combined DNA Index System for the purpose of generating investigative leads or supporting statistical interpretation of DNA test results. The term includes nuclear and mitochondrial typing. The DNA record is the result obtained from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual.

"DNA sample." A blood or tissue sample provided by any person with respect to offenses covered by this chapter or submitted to the Pennsylvania State Police laboratory pursuant to 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, to the former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or to this chapter for analysis or storage, or both.

"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. § 5902(c)(1)(iii) and (iv) (relating to prostitution and related offenses).

18 Pa.C.S. § 5903(a) (relating to obscene and other sexual materials and performances) where the offense constitutes a felony.

18 Pa.C.S. § 6312 (relating to sexual abuse of children).

18 Pa.C.S. § 6318 (relating to unlawful contact with minor) where the most serious underlying offense for which the defendant contacted the minor is graded as a felony.

18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

"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).

"Other specified offense." Any of the following:

(1) A felony offense.

(2) An offense under 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) or 3126 (relating to indecent assault) or an attempt to commit such an offense.

(3) An offense subject to 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).

"State Police." The Pennsylvania State Police.

(Dec. 20, 2011, P.L.446, No.111, eff. one year)

2011 Amendment. Act 111 amended the def. of "other specified offense."

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Last modified: October 8, 2016