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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - DNA Data and Testing
Section 2301 - Scope of chapter
Section 2311 - Powers and duties of State Police
Section 2312 - State DNA Data Base
Section 2313 - State DNA Data Bank
Section 2314 - State Police recommendation of additional offenses and annual report
Section 2315 - Procedural compatibility with FBI
Section 2316 - DNA sample required upon conviction, delinquency adjudication and certain ARD cases
Section 2316.1 - Collection from persons accepted from other jurisdictions
Section 2316.3 - Collection of DNA in investigations of missing persons
Section 2316.4 - Collection of DNA in investigations of unidentified decedents
Section 2317 - Procedures for collection and transmission of DNA samples
Section 2318 - Procedures for conduct, disposition and use of DNA analysis
Section 2319 - DNA data base exchange
Section 2320 - Cancellation of authority to access or exchange DNA records
Section 2331 - Prohibition on disclosure
Section 2332 - Criminal penalties
Section 2334 - Confidentiality of records