2023 Pennsylvania Consolidated & Unconsolidated Statutes
Title 44 - LAW AND JUSTICE
Chapter 23 - DNA Data and Testing
Section 2319 - DNA data base exchange
(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 under section 2318 (relating to procedures for conduct, disposition and use of DNA analysis) as established by the State Police.
(2) Store forensic DNA records from DNA samples submitted under the former DNA Act, former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter and to make such information available as provided in this section.
(a.1) Contracts.--The State Police may contract for DNA testing to an accredited forensic DNA laboratory that meets the rules, regulations and guidelines as established by the State Police under section 2318. DNA records in the State DNA Data Base shall be made available:
(1) to criminal justice agencies or CODIS-participating DNA laboratories which serve these agencies; or
(2) upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.
(a.2) National Missing and Unidentified Persons System.--Any DNA sample collected in accordance with section 2316.2 (relating to collection of DNA in investigations of high-risk missing persons and missing children), 2316.3 (relating to collection of DNA in investigations of missing persons) or 2316.4 (relating to collection of DNA in investigations of unidentified decedents) shall be submitted to the National Missing and Unidentified Persons System, along with any of the information delivered to the Pennsylvania State Police in accordance with section 2316.2(b), 2316.3(b) or 2316.4(b).
(b) Methods of obtaining information.--The State Police shall promulgate, as necessary, rules, regulations and guidelines governing the methods of obtaining information from the State DNA Data Base and CODIS and procedures for verification of the identity and authority of the requester.
(c) Population data base.--
(1) The State Police may establish a separate population data base comprised of forensic DNA profiles obtained under this chapter after all personal identification is removed.
(2) The State Police may share or disseminate the population data base with other criminal justice agencies or CODIS-participating DNA laboratories that serve to assist the State Police with statistical data bases.
(3) The population data base may be made available to and searched by other agencies participating in the CODIS system.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment. Act 4 added subsec. (a.2). See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
Cross References. Section 2319 is referred to in sections 2316.2, 2316.3, 2316.4, 2318 of this title.
