Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - DNA Data and Testing
Section 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 or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual from violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.
(b) Action for damages.--
(1) Any person aggrieved by a knowing violation of section 2331 (relating to prohibition on disclosure) shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.
(2) A person found by the court to have been aggrieved by a knowing violation of section 2331 shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of section 2331.

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