Pennsylvania HB 742: 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 DNA sample required upon conviction, delinquency adjudication and certain ARD cases, for collection from persons accepted from other jurisdictions, for expungement and for mandatory cost.

Bill Text

PRINTER'S NO. 769
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 742
Session of
2025
INTRODUCED BY HOWARD, KRAJEWSKI, KINKEAD, NEILSON, GIRAL,
KENYATTA, PIELLI, SANCHEZ, HILL-EVANS, CIRESI, SHUSTERMAN AND
GREEN, MARCH 3, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 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 DNA sample
required upon conviction, delinquency adjudication and
certain ARD cases, for collection from persons accepted from
other jurisdictions, for expungement and for mandatory cost.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302(4) of Title 44 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2302. Policy.
The General Assembly finds and declares that:
* * *
(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 of adults and of juveniles and
containing DNA samples collected as part of an investigation
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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 a definition 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:
* * *
"Other specified offense of an adult." Any of the following:
(1) A felony offense, other than 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
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
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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).
18 Pa.C.S. § 5510 (relating to abuse of corpse).
18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to
animals).
18 Pa.C.S. § 5902 (relating to prostitution and
related offenses).
"Other specified offense of a juvenile." An offense under
any of the following for which a juvenile has been tried as an
adult or adjudicated delinquent:
(1) 18 Pa.C.S. § 2502 (relating to murder).
(2) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
(3) 18 Pa.C.S. § 2507 (relating to criminal homicide of
law enforcement officer).
(4) 18 Pa.C.S. § 2702 (relating to aggravated assault).
(5) 18 Pa.C.S. § 2702.1 (relating to assault of law
enforcement officer).
(6) 18 Pa.C.S. § 2707.1 (relating to discharge of a
firearm into an occupied structure).
(7) 18 Pa.C.S. § 2716 (relating to weapons of mass
destruction).
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(8) 18 Pa.C.S. § 2717 (relating to terrorism).
(9) 18 Pa.C.S. § 2718 (relating to strangulation).
(10) A misdemeanor offense requiring registration under
42 Pa.C.S. Ch. 97 Subch. H.
* * *
Section 3. Sections 2316(a) introductory paragraph, (b) and
(c) and 2316.1(a) of Title 44 are amended to read:
§ 2316. DNA sample required upon conviction, delinquency
adjudication and certain ARD cases.
(a) [General rule] Collection.--A person who is convicted or
adjudicated delinquent for a felony sex offense [or], other
specified offense of an adult or other specified offense of a
juvenile or who is or remains incarcerated for a felony sex
offense [or], other specified offense of an adult or other
specified offense of a juvenile on or after the effective date
of this chapter shall have a DNA sample collected as follows:
* * *
(b) Condition of release, probation or parole.--
(1) A person who has been convicted or adjudicated
delinquent for a felony sex offense or other specified
offense of an adult and who serves a term of confinement in
conn