Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - DNA Data and Testing
Section 2318 - Procedures for conduct, disposition and use of DNA analysis


(a) Procedures.--
(1) The State Police shall promulgate, as necessary, rules, regulations and guidelines to implement this chapter, including procedures to be used in the collection, submission, identification, analysis, storage and disposition of DNA samples and forensic DNA profiles and records from DNA samples submitted under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter.
(2) The results of forensic DNA testing shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Police consistent with the procedures established by the FBI Quality Assurance Standards for forensic DNA testing laboratories and DNA data basing laboratories and CODIS policies and procedures.
(3) These procedures shall also include quality assurance guidelines for samples and forensic DNA profiles and records from accredited forensic DNA laboratories which submit DNA records to the State DNA Data Base.
(4) The rules, regulations and guidelines shall address the following:
(i) Verification of accreditation.
(ii) Compliance with FBI Quality Assurance Standards, including continuing education requirements for the personnel of forensics DNA testing laboratories.
(b) Contracting.--The State Police are authorized to contract with third parties for purposes of this chapter.
(c) Use of tests.--
(1) Except as otherwise provided in section 2319(c) (relating to DNA data base exchange), the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.
(2) A DNA sample or DNA record acquired under this chapter may not be used for human behavioral genetic research or for non-law enforcement or nonhumanitarian identification purposes.
(d) Restrictions and requirements on contracting party.--Any other party contracting to carry out the functions of this chapter shall be subject to the same restrictions and requirements of this chapter, insofar as applicable, as the State Police as well as any additional restrictions imposed by the State Police.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

2018 Amendment. Act 147 amended subsecs. (a) and (c).
Cross References. Section 2318 is referred to in section 2319 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 44 - LAW AND JUSTICE

Chapter 23 - DNA Data and Testing

Extra - Chapter Notes

Section 2301 - Scope of chapter

Section 2302 - Policy

Section 2303 - Definitions

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 2316.2 - Collection of DNA in investigations of high-risk missing persons and missing children

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 2321 - Expungement

Section 2322 - Mandatory cost

Section 2323 - Good faith

Section 2331 - Prohibition on disclosure

Section 2332 - Criminal penalties

Section 2333 - Civil actions

Section 2334 - Confidentiality of records

Section 2335 - DNA Detection Fund

Section 2336 - Authority of law enforcement officers