Pennsylvania Statutes Title 44 Pa.C.S.A. Law and Justice § 2316. DNA sample required upon conviction, delinquency adjudication and certain ARD cases

(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 collected as follows:

(1) A person who is sentenced or receives a delinquency disposition to a term of confinement for an offense covered by this subsection shall have a DNA sample collected upon intake to a prison, jail or juvenile detention facility or any other detention facility or institution.  If the person is already confined at the time of sentencing or adjudication, the person shall have a DNA sample collected immediately after the sentencing or adjudication.  If a DNA sample is not timely collected in accordance with this section, the DNA sample may be collected any time thereafter by the prison, jail, juvenile detention facility, detention facility or institution.

(2) A person who is convicted or adjudicated delinquent for an offense covered by this subsection shall have a DNA sample collected as a condition for any sentence or adjudication which disposition will not involve an intake into a prison, jail, juvenile detention facility or any other detention facility or institution.

(3) Under no circumstances shall a person who is convicted or adjudicated delinquent for an offense covered by this subsection be released in any manner after such disposition unless and until a DNA sample and fingerprints have been collected.

(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 and who serves a term of confinement in connection therewith after June 18, 2002, shall not be released in any manner unless and until a DNA sample has been collected.

(2) This chapter shall apply to incarcerated persons convicted or adjudicated delinquent for a felony sex offense or other specified offense prior to June 19, 2002.

(3) The following shall apply:

(i) Except as provided under subparagraph (ii), this chapter shall apply to incarcerated persons and persons on probation or parole who were convicted or adjudicated delinquent for a felony sex offense or other specified offenses prior to the effective date of this paragraph.

(ii) Subparagraph (i) shall not apply to persons convicted or adjudicated delinquent of an offense enumerated under paragraph (4) or (6) of the definition of “other specified offense” in section 2303 (relating to definitions).

(c) Certain ARD cases.--Acceptance into ARD as a result of a criminal charge for a felony sex offense or other specified offense, other than an offense enumerated under paragraph (4) or (6) of the definition of “other specified offense” in section 2303 filed after June 18, 2002, may be conditioned upon the collection of a DNA sample.

(d) Supervision of DNA samples.--All DNA samples collected pursuant to this section shall be collected in accordance with rules, regulations and guidelines promulgated by the State Police in consultation with the Department of Corrections.

(d.1) Mandatory submission.--The requirements of this chapter are mandatory and apply regardless of whether a court advises a person that a DNA sample must be provided to the State DNA Data Base and the State DNA Data Bank as a result of a conviction or adjudication of delinquency.  A person who has been sentenced to death or life imprisonment without the possibility of parole or to any term of incarceration is not exempt from the requirements of this chapter.  Any person subject to this chapter who has not provided a DNA sample for any reason, including because of an oversight or error, shall provide a DNA sample for inclusion in the State DNA Data Base and the State DNA Data Bank after being notified by authorized law enforcement or corrections personnel.  If a person provides a DNA sample which is not adequate for any reason, the person shall provide another DNA sample for inclusion in the State DNA Data Base and the State DNA Data Bank after being notified by authorized law enforcement or corrections personnel.  The DNA sample may be collected under this chapter but shall not be required if the authorized law enforcement or corrections official confirms that a DNA sample from the person has already been validly collected and provided to the State DNA Data Bank and a DNA record for the person exists in the State DNA Data Base.

(e) Definition.--As used in this section, the term “released” means any release, parole, furlough, work release, prerelease or release in any other manner from a prison, jail, juvenile detention facility or any other place of confinement.


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