Pennsylvania HB 2530: An Act amending the act of December 9, 2002 (P.L.1701, No.214), known as the Religious Freedom Protection Act, further providing for free exercise of religion protection.

Bill Text

PRINTER'S NO. 3430
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2530
Session of
2026
INTRODUCED BY SHUSTERMAN, WAXMAN, McNEILL, PIELLI, NEILSON,
D. WILLIAMS AND CIRESI, MAY 22, 2026
REFERRED TO COMMITTEE ON JUDICIARY, MAY 26, 2026
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, in DNA data and testing, further
providing for expungement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2321(b.1)(1), (2) and (3) and (c) of
Title 44 of the Pennsylvania Consolidated Statutes are amended
and subsection (b.1) is amended by adding paragraphs to read:
§ 2321. Expungement.
* * *
(b.1) Expungement by court order.--The following shall
apply:
(1) Except as provided under paragraph (2), a person
may, at no cost, request the court of common pleas of the
county where the original charges were filed to issue an
order directing the expungement of the DNA sample, record or
profile pertaining to the person in the State DNA Data Bank
or the State DNA Data Base [in the following instances:
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(i) the conviction or delinquency adjudication for
which the person's DNA sample was collected has been
reversed and no appeal is pending;
(ii) the person was granted an unconditional pardon
for the crime for which the DNA sample was taken; or
(iii) the DNA sample, record or profile was included
in the State DNA Data Bank or State DNA Data Base by
mistake and the State Police has erroneously refused to
grant the person's request for removal under subsection
(b).] if the DNA sample, record or profile was included
in the State DNA Data Bank or the State DNA Data Base by
mistake and the State Police has erroneously refused to
grant the person's request for removal under subsection
(b) or if the DNA sample, record or profile was eligible
for expungement under paragraph (1.1) but the court did
not issue an order under paragraph (1.2) or (1.3) .
(1.1) Except as provided under paragraph (2), the court
of common pleas of the county where the original charges were
filed shall automatically issue an order directing the
expungement of the DNA sample, record or profile pertaining
to the person in the State DNA Data Bank or the State DNA
Data Base if any of the following apply:
(i) The conviction or delinquency adjudication for
which the person's DNA sample was collected has been
reversed and no appeal is pending.
(ii) The person was granted an unconditional pardon
for the crime for which the DNA sample was taken.
(1.2) The clerk of courts shall provide notice to the
president judge when a record is returned in a case resulting
in the reversal of a conviction or adjudication. Upon receipt
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of the notice, the president judge shall determine whether
the person is eligible for expungement under paragraphs (1.1)
and (2) and, if the person is eligible, shall automatically
issue an order directing the expungement.
(1.3) On a quarterly basis, the Board of Pardons shall
transmit notice of each unconditional pardon that may make a
person eligible for expungement under paragraph (1.1)(ii) to
the Administrative Office of Pennsylvania Courts. On a
quarterly basis, upon receipt of the notice, the
Administrative Office of Pennsylvania Courts shall transmit
the notice to the court of common pleas of the county where
the original charges were filed. Upon receipt of the notice,
the court shall determine whether the person is eligible for
expungement under paragraphs (1.1) and (2) and, if the person
is eligible, shall automatically issue an order directing the
expungement.
(2) [Paragraph (1)] Paragraphs (1), (1.1), (1.2) and
(1.3) shall not apply if the person has been convicted or
adjudicated delinquent for any other crime for which a DNA
sample is required to be collected under this chapter.
(3) The court shall give 10 days' prior notice to the
district attorney of the county where the original charges
were filed of an application for expungement under [this
subsection] paragraph (1).
* * *
(c) Limitations.--
(1) An incarcerated or previously incarcerated person
may not seek expungement of a DNA sample, record or profile
[on the ground that that] under subsection (b.1)(1), nor may
the court automatically issue an order directing the
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expungement of a DNA sample, record or profile under
subsection (b.1)(1.1), (1.2) or (1.3), on the ground that the
person was convicted or adjudicated delinquent for a felony
sex offense prior to July 27, 1995.
(2) A person may not seek expungement of a DNA sample,
record or profile [on the ground that that] under subsection
(b.1)(1), nor may the court automatically issue an order
directing the expungement of a DNA sample, record or profile
under subsection (b.1)(1.1), (1.2) or (1.3), on the gr