(a) Receipt of DNA samples by State Police.--It shall be the duty of the State Police to:
(1) Receive and store DNA samples, to perform forensic DNA testing or to contract for testing with an accredited forensic DNA laboratory that meets the rules, regulations and guidelines under section 2318 (relating to procedures for conduct, disposition and use of DNA analysis) as established by the State Police.
(2) Store forensic DNA 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 and to make such information available as provided in this section.
(a.1) Contracts.--The State Police may contract for DNA testing to an accredited forensic DNA laboratory that meets the rules, regulations and guidelines as established by the State Police under section 2318. DNA records in the State DNA Data Base shall be made available:
(1) to criminal justice agencies or CODIS-participating DNA laboratories which serve these agencies; or
(2) upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.
(a.2) National Missing and Unidentified Persons System.--Any DNA sample collected in accordance with section 2316.2 (relating to collection of DNA in investigations of high-risk missing persons and missing children), 2316.3 (relating to collection of DNA in investigations of missing persons) or 2316.4 (relating to collection of DNA in investigations of unidentified decedents) shall be submitted to the National Missing and Unidentified Persons System, along with any of the information delivered to the Pennsylvania State Police in accordance with section 2316.2(b), 2316.3(b) or 2316.4(b).
(b) Methods of obtaining information.--The State Police shall promulgate, as necessary, rules, regulations and guidelines governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.
(c) Population data base.--
(1) The State Police may establish a separate population data base comprised of forensic DNA profiles obtained under this chapter after all personal identification is removed.
(2) The State Police may share or disseminate the population data base with other criminal justice agencies or CODIS-participating DNA laboratories that serve to assist the State Police with statistical data bases.
(3) The population data base may be made available to and searched by other agencies participating in the CODIS system.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment. Act 4 added subsec. (a.2). See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
Cross References. Section 2319 is referred to in sections 2316.2, 2316.3, 2316.4, 2318 of this title.
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