Pennsylvania HB 1665: An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for State DNA Data Base, for State Police recommendation of additional offenses and annual report and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, providing for request for modified DNA search and further providing for DNA data base exchange, for expungement and for mandatory cost; and making an editorial change.

Bill Text

PRINTER'S NO. 2032
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1665
Session of
2025
INTRODUCED BY HOGAN, JUNE 25, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for policy, for definitions, for State DNA Data
Base, for State Police recommendation of additional offenses
and annual report and for DNA sample required upon
conviction, delinquency adjudication and certain ARD cases,
providing for request for modified DNA search and further
providing for DNA data base exchange, for expungement and for
mandatory cost; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302(2) and (4) of Title 44 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a paragraph to read:
§ 2302. Policy.
The General Assembly finds and declares that:
* * *
(2) Several states have enacted laws requiring persons
arrested, charged or convicted of certain crimes, especially
sex offenses, to provide genetic samples for DNA profiling.
(2.1) Several states have authorized the disclosure of
DNA profiles in the state's DNA data base where comparison of
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DNA linked to a crime with a known offender's DNA profile in
the data base establishes the likelihood of a close familial
relationship.
* * *
(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 arrested for, charged with,
convicted of, adjudicated delinquent for or accepted into ARD
for criminal homicide, felony sex offenses and other
specified offenses and containing DNA samples collected as
part of an investigation into missing persons or unidentified
decedents.
* * *
Section 2. The definition of "other specified offense" in
section 2303 of Title 44 is amended and the section is amended
by adding definitions to read:
§ 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:
* * *
"Arrest." The taking or keeping of a person in custody by
legal authority or proceedings commenced by a police complaint
that is proceeded against by summons or by a petition filed
under 42 Pa.C.S. § 6321 (relating to commencement of
proceedings).
* * *
"Criminal homicide." An offense under any of the following:
(1) 18 Pa.C.S. § 2501 (relating to criminal homicide).
(2) 18 Pa.C.S. § 2502 (relating to murder).
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(3) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(4) 18 Pa.C.S. § 2504 (relating to involuntary
manslaughter).
(5) 18 Pa.C.S. § 2505 (relating to causing or aiding
suicide), if the offense is graded as a felony.
(6) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(7) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
* * *
"Modified DNA search." A search of the State DNA Data Base,
using scientifically valid and reliable methods in accordance
with rules, regulations and guidelines promulgated under section
2318 (relating to p rocedures for conduct, disposition and use of
DNA analysis), to determine that a crime scene DNA profile is
sufficiently likely to have originated from a close relative of
an individual whose DNA profile is recorded in the State DNA
Data Base.
* * *
"Other specified offense." Any of the following:
(1) A felony offense, other than criminal homicide or a
felony sex offense.
(2) (Reserved).
(3) (Reserved).
(4) An offense under 18 Pa.C.S. (relating to crimes and
offenses) or 75 Pa.C.S. (relating to vehicles) that is graded
as a misdemeanor of the first degree.
(5) A misdemeanor offense requiring registration under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
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sexual offenders).
(6) An offense graded as a misdemeanor of the second
degree under any of the following:
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2903 (relating to false imprisonment).
18 Pa.C.S. § 3127 (relating to indecent exposure).
18 Pa.C.S. Ch. 39 (relating to theft and related
offenses).
18 Pa.C.S. § 4105 (relating to bad checks).
18 Pa.C.S. § 4106 (relating to access device fraud).
18 Pa.C.S. § 4952 (relating to intimidation of
witnesses or victims).
18 Pa.C.S. § 4953 (relating to retaliation against
witness, victim or party).
18 Pa.C.S. § 4958 (relating to intimidation,
retaliation or obstruction in child abuse cases).
18 Pa.C.S. § 5121 (relating to escape).
18 Pa.C.S. § 5126 (relating to flight to avoid
apprehension, trial or punishment).
18 Pa.C.S. § 5131 (relating to recruiting criminal
gang members).
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