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Pennsylvania Statutes, Title 44

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Pennsylvania/Statutes

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Title 44, LAW AND JUSTICE

9 chapters · 108 sections in this title.

All chapters in Title 44108 Ch 71, Constables44 Ch 23, DNA Data and Testing26 Ch 73, Law Enforcement Background Investiga…12 Ch 7, Uniform Electronic Legal Material Act11 Ch 74, Sheriffs and Deputy Sheriffs11 Ch 72, Mental Health Evaluations4

26 sections·Filtered byTitle 44✕Ch 23✕

44 Pa.C.S. § 2301 Scope of chapter
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This chapter provides for DNA detection of sexual offenders and other offenders.
44 Pa.C.S. § 2302 Policy
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The General Assembly finds and declares that: (1) Forensic DNA testing is an important tool in criminal investigations and investigations of missing persons or unidentified decedents, in excluding innocent individuals who are the subject of criminal investigations or prosecutions…
44 Pa.C.S. § 2303 Definitions
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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: "Accredited forensic DNA laboratory." A forensic DNA laboratory that has received accreditation by an accrediting body n…
44 Pa.C.S. § 2311 Powers and duties of State Police
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In addition to any other powers and duties conferred by this chapter, the State Police shall: (1) Be responsible for the policy management and administration of the State DNA identification record system to support law enforcement agencies and other criminal justice agencies. (2)…

44 Pa.C.S. § 2312 State DNA Data Base

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A Statewide DNA Data Base is reestablished within the State Police to store forensic DNA profiles and records developed by or submitted to the State Police under the former DNA Act, the former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter, and…

44 Pa.C.S. § 2313 State DNA Data Bank

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The State DNA Data Bank is reestablished. It shall serve as the repository of DNA samples collected under this chapter or under prior law. (Oct. 24, 2018, P.L.896, No.147, eff. 360 days)

44 Pa.C.S. § 2314 State Police recommendation of additional offenses and annual report

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(a) Recommendation.--The State Police may recommend to the General Assembly that it enact legislation for the inclusion of additional offenses for which DNA samples shall be taken and otherwise subjected to the provisions of this chapter. In determining whether to recommend addit…

44 Pa.C.S. § 2315 Procedural compatibility with FBI

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The DNA identification system established by the State Police shall comply with the FBI Quality Assurance Standards for forensic DNA testing laboratories and DNA data basing laboratories and CODIS policies and procedures, including use of comparable test procedures, laboratory eq…

44 Pa.C.S. § 2316 DNA sample required upon conviction, delinquency adjudication and certain ARD cases

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(a) General rule.--A person who is convicted or adjudicated delinquent for a felony sex offense or other specified offense or who is or remains incarcerated for a felony sex offense or other specified offense on or after the effective date of this chapter shall have a DNA sample …

44 Pa.C.S. § 2316.1 Collection from persons accepted from other jurisdictions

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(a) Conditional acceptance.--When a person is accepted into this Commonwealth for supervision from another jurisdiction under the Interstate Compact for Supervision of Adult Offenders, other reciprocal agreement with a Federal, state or county agency, or a provision of law, wheth…

44 Pa.C.S. § 2316.2 Collection of DNA in investigations of high-risk missing persons and missing children

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(a) Collection of DNA samples.--In an investigation of a high-risk missing person or missing child, the law enforcement agency shall, within seven days of the receipt of a missing persons report or within seven days of the commencement of a missing persons investigation, whicheve…

44 Pa.C.S. § 2316.3 Collection of DNA in investigations of missing persons

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(a) Collection of DNA samples.--In an investigation of a missing person, the law enforcement agency shall, within 30 days of the receipt of a missing persons report or within 30 days of the commencement of a missing persons investigation, whichever is earlier, collect a DNA sampl…

44 Pa.C.S. § 2316.4 Collection of DNA in investigations of unidentified decedents

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(a) Collection of DNA samples.--Within 24 hours of discovering an unidentified decedent, the investigating law enforcement agency or coroner shall collect DNA samples from the unidentified decedent for law enforcement identification purposes. (b) Submission of DNA samples.--Withi…

44 Pa.C.S. § 2317 Procedures for collection and transmission of DNA samples

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(a) Collection of DNA samples.-- (1) Each DNA sample required to be collected pursuant to sections 2316 (relating to DNA sample required upon conviction, delinquency adjudication and certain ARD cases) and 2316.1 (relating to collection from persons accepted from other jurisdicti…

44 Pa.C.S. § 2318 Procedures for conduct, disposition and use of DNA analysis

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(a) Procedures.-- (1) The State Police shall promulgate, as necessary, rules, regulations and guidelines to implement this chapter, including procedures to be used in the collection, submission, identification, analysis, storage and disposition of DNA samples and forensic DNA pro…

44 Pa.C.S. § 2319 DNA data base exchange

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(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 unde…

44 Pa.C.S. § 2320 Cancellation of authority to access or exchange DNA records

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The State Police shall be authorized, for good cause shown, to revoke or suspend the right of a forensic DNA laboratory within this Commonwealth to access or exchange DNA identification records with criminal justice agencies.

44 Pa.C.S. § 2321 Expungement

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(a) General rule.--A person whose DNA sample, record or profile has been included in the State DNA Data Bank or the State DNA Data Base under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter may have the DNA sample, rec…

44 Pa.C.S. § 2322 Mandatory cost

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Unless the court finds that undue hardship would result, a mandatory cost of $250, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically be assessed on any person convicted, adjudicated delinquent or granted ARD for a felony se…

44 Pa.C.S. § 2323 Good faith

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A DNA sample obtained in good faith under this subchapter shall be deemed to have been obtained in accordance with the requirements of this subchapter, and its use in accordance with this chapter is authorized until an expungement is obtained pursuant to section 2321 (relating to…

44 Pa.C.S. § 2331 Prohibition on disclosure

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(a) Disclosure.--Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA …

44 Pa.C.S. § 2332 Criminal penalties

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(a) Disclosure.--Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA …

44 Pa.C.S. § 2333 Civil actions

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(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 v…

44 Pa.C.S. § 2334 Confidentiality of records

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All DNA profiles and samples submitted to the State Police pursuant to the former DNA Act, former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter shall be treated as confidential except as otherwise provided in this chapter.

44 Pa.C.S. § 2335 DNA Detection Fund

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The DNA Detection Fund is reestablished in the State Treasury as a restricted fund. All costs collected under section 2322 (relating to mandatory cost) shall be paid into the fund. All moneys in the fund and the interest accruing thereon are hereby appropriated to the Pennsylvani…

44 Pa.C.S. § 2336 Authority of law enforcement officers

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Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and utilize DNA samples for law enforcement purposes.