2012 Pennsylvania Consolidated Statutes
Title 44 - LAW AND JUSTICE
Chapter 23 - DNA Data and Testing
Section 2316 - DNA sample required upon conviction, delinquency adjudication and certain ARD cases

     § 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 drawn 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 drawn 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 drawn immediately after the
        sentencing or adjudication. If a DNA sample is not timely
        drawn in accordance with this section, the DNA sample may be
        drawn 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 drawn 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        disposition unless and until a DNA sample has been withdrawn.
        (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        manner unless and until a DNA sample has been withdrawn.
            (2)  This chapter shall apply to incarcerated persons
        convicted or adjudicated delinquent for a felony sex offense
        prior to June 19, 2002.
            (3)  This chapter shall apply to incarcerated persons and
        persons on probation or parole who were convicted or
        adjudicated delinquent for other specified offenses prior to
        the effective date of this paragraph.
        (c)  Certain ARD cases.--Acceptance into ARD as a result of a
     criminal charge for a felony sex offense or other specified
     offense filed after June 18, 2002, may be conditioned upon the
     giving of a DNA sample.
        (d)  Supervision of DNA samples.--All DNA samples taken
     pursuant to this section shall be taken in accordance with
     regulations 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.
        (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.

        Cross References.  Section 2316 is referred to in section
     2317 of this title.