§ 2316. DNA sample required upon conviction, delinquency adjudication and certain ARD cases
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 44 Pa.C.S.A. Law and JusticeEffective: October 21, 2019
Effective: October 21, 2019
44 Pa.C.S.A. § 2316
§ 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.
(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.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.
Credits
2004, Nov. 30, P.L. 1428, No. 185, § 3, effective in 60 days [Jan. 31, 2005]. Amended 2018, Oct. 24, P.L. 896, No. 147, § 2, effective in 360 days [Oct. 21, 2019].
44 Pa.C.S.A. § 2316, PA ST 44 Pa.C.S.A. § 2316
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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