2022 Pennsylvania Consolidated & Unconsolidated Statutes
Title 44 - LAW AND JUSTICE
Chapter 23 - DNA Data and Testing
Section 2303 - Definitions
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 nationally recognized within the forensic science community in accordance with the FBI Quality Assurance Standards to perform forensic DNA testing and is in compliance with FBI Quality Assurance Standards.
"ARD." Accelerated Rehabilitative Disposition.
"CODIS." The Combined DNA Index System established and maintained by the Federal Bureau of Investigation.
"Commissioner." The Commissioner of the Pennsylvania State Police.
"Crime scene DNA profile." A DNA profile derived from a DNA sample recovered from a victim, crime scene or item linked to a crime, which may have originated from a perpetrator.
"Criminal justice agency." A criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions).
"DNA." Deoxyribonucleic acid located in the chromosomes or mitochondria of a living organism's cells.
"DNA record." A forensic DNA profile and identification information stored in the State DNA Data Base or the Combined DNA Index System for the purpose of identification or supporting statistical interpretation of DNA test results.
"DNA sample." A sample of biological material suitable for forensic DNA testing.
"FBI." The Federal Bureau of Investigation.
"Felony sex offense." A felony offense or an attempt, conspiracy or solicitation to commit a felony offense under any of the following:
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 4302 (relating to incest).
18 Pa.C.S. § 5902(c)(1)(iv) (relating to prostitution and related offenses).
18 Pa.C.S. § 5903(a) (relating to obscene and other sexual materials and performances) where the offense constitutes a felony.
Any offense graded as a felony requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
"Forensic DNA laboratory." A laboratory that performs forensic DNA testing for the purposes of identification.
"Forensic DNA profile." The data set derived from forensic DNA testing.
"Forensic DNA testing." A test that applies techniques from molecular biology to analyze human deoxyribonucleic acid (DNA) to identify data which meets the requirements for inclusion in CODIS and the national DNA identification index system administered by the FBI.
"Former DNA Act." The former act of May 28, 1995 (1st Sp.Sess., P.L.1009, No.14), known as the DNA Detection of Sexual and Violent Offenders Act.
"Fund." The DNA Detection Fund reestablished in section 2335 (relating to DNA Detection Fund).
"High-risk missing person." An individual who is 18 years of age or older and:
(1) whose temporary or permanent residence is in this Commonwealth or is believed to be in this Commonwealth;
(2) whose whereabouts are unknown;
(3) who has been reported missing to a law enforcement agency; and
(4) circumstances indicate any of the following:
(i) the individual is missing as a result of a stranger abduction;
(ii) the individual is missing under suspicious, unknown or dangerous circumstances and the law enforcement agency reasonably believes that the individual is at risk of injury or death;
(iii) the individual is missing for more than 30 days; or
(iv) the individual has been designated as a high-risk missing person by another law enforcement agency.
"Human behavioral genetic research." The study of the possible genetic underpinnings of behaviors, including, but not limited to, aggression, substance abuse, social attitudes, mental abilities, sexual activity and eating habits.
"Law enforcement identification purposes." Assisting in the determination of the identity of an individual whose DNA is contained in a biological sample.
"Mitochondrial DNA analysis." A method that applies techniques from molecular biology to analyze DNA found in the mitochondria of cells for the purpose of identification.
"National Missing and Unidentified Persons System." A national centralized repository and resource center for missing persons, unidentified decedents and unclaimed decedents that is maintained by the National Institute of Justice within the United States Department of Justice.
"Other specified offense." Any of the following:
(1) A felony offense, other than a felony sex offense.
(2) (Reserved).
(3) (Reserved).
(4) An offense under 18 Pa.C.S. (relating to crimes and offenses) or 75 Pa.C.S. (relating to vehicles) that is graded as a misdemeanor of the first degree.
(5) A misdemeanor offense requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).
(6) An offense graded as a misdemeanor of the second degree under any of the following:
18 Pa.C.S. § 2701 (relating to simple assault).
18 Pa.C.S. § 2903 (relating to false imprisonment).
18 Pa.C.S. § 3127 (relating to indecent exposure).
18 Pa.C.S. Ch. 39 (relating to theft and related offenses).
18 Pa.C.S. § 4105 (relating to bad checks).
18 Pa.C.S. § 4106 (relating to access device fraud).
18 Pa.C.S. § 4952 (relating to intimidation of witnesses or victims).
18 Pa.C.S. § 4953 (relating to retaliation against witness, victim or party).
18 Pa.C.S. § 4958 (relating to intimidation, retaliation or obstruction in child abuse cases).
18 Pa.C.S. § 5121 (relating to escape).
18 Pa.C.S. § 5126 (relating to flight to avoid apprehension, trial or punishment).
18 Pa.C.S. § 5131 (relating to recruiting criminal gang members).
18 Pa.C.S. § 5510 (relating to abuse of corpse).
18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to animals).
18 Pa.C.S. § 5902 (relating to prostitution and related offenses).
"State Police." The Pennsylvania State Police.
"Y chromosome analysis." A method that applies techniques from molecular biology to examine DNA found on the Y chromosome.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; Oct. 24, 2018, P.L.896, No.147; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment. Act 4 added the defs. of "high-risk missing person" and "National Missing and Unidentified Persons System." See Section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
2018 Amendment. Act 147 amended the entire section, effective December 1, 2019, as to the addition of pars. (4) and (6) of the def. of "other specified offense" and 360 days as to the remainder of the section.
Cross References. Section 2303 is referred to in section 2316 of this title.
