HB 1665 — An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, in DNA data and testing, further providing for policy, for definitions, for State DNA Data Base, for State Police recommendation of additional offenses and annual report and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, providing for request for modified DNA search and further providing for DNA data base exchange, for expungement and for mandatory cost; and making an editorial change.

PRINTER'S NO.   2032

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1665
                                                 Session of
                                                   2025

     INTRODUCED BY HOGAN, JUNE 25, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 25, 2025


                                      AN ACT
 1   Amending Title 44 (Law and Justice) of the Pennsylvania
 2      Consolidated Statutes, in DNA data and testing, further
 3      providing for policy, for definitions, for State DNA Data
 4      Base, for State Police recommendation of additional offenses
 5      and annual report and for DNA sample required upon
 6      conviction, delinquency adjudication and certain ARD cases,
 7      providing for request for modified DNA search and further
 8      providing for DNA data base exchange, for expungement and for
 9      mandatory cost; and making an editorial change.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.      Section 2302(2) and (4) of Title 44 of the
13   Pennsylvania Consolidated Statutes are amended and the section
14   is amended by adding a paragraph to read:
15   § 2302.    Policy.
16      The General Assembly finds and declares that:
17             * * *
18             (2)   Several states have enacted laws requiring persons
19      arrested, charged or convicted of certain crimes, especially
20      sex offenses, to provide genetic samples for DNA profiling.
21             (2.1)   Several states have authorized the disclosure of
22      DNA profiles in the state's DNA data base where comparison of
 1      DNA linked to a crime with a known offender's DNA profile in
 2      the data base establishes the likelihood of a close familial
 3      relationship.
 4             * * *
 5             (4)   It is in the best interest of the Commonwealth to
 6      establish a DNA data base and a DNA data bank containing DNA
 7      samples submitted by individuals arrested for, charged with,
 8      convicted of, adjudicated delinquent for or accepted into ARD
 9      for criminal homicide, felony sex offenses and other
10      specified offenses and containing DNA samples collected as
11      part of an investigation into missing persons or unidentified
12      decedents.
13             * * *
14      Section 2.     The definition of "other specified offense" in
15   section 2303 of Title 44 is amended and the section is amended
16   by adding definitions to read:
17   § 2303.    Definitions.
18      The following words and phrases when used in this chapter
19   shall have the meanings given to them in this section unless the
20   context clearly indicates otherwise:
21      * * *
22      "Arrest."      The taking or keeping of a person in custody by
23   legal authority or proceedings commenced by a police complaint
24   that is proceeded against by summons or by a petition filed
25   under 42 Pa.C.S. § 6321 (relating to commencement of
26   proceedings).
27      * * *
28      "Criminal homicide."     An offense under any of the following:
29             (1)   18 Pa.C.S. § 2501 (relating to criminal homicide).
30             (2)   18 Pa.C.S. § 2502 (relating to murder).

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 1          (3)   18 Pa.C.S. § 2503 (relating to voluntary
 2      manslaughter).
 3          (4)   18 Pa.C.S. § 2504 (relating to involuntary
 4      manslaughter).
 5          (5)   18 Pa.C.S. § 2505 (relating to causing or aiding
 6      suicide), if the offense is graded as a felony.
 7          (6)   18 Pa.C.S. § 2506 (relating to drug delivery
 8      resulting in death).
 9          (7)   18 Pa.C.S. § 2507 (relating to criminal homicide of
10      law enforcement officer).
11      * * *
12      "Modified DNA search."   A search of the State DNA Data Base,
13   using scientifically valid and reliable methods in accordance
14   with rules, regulations and guidelines promulgated under section
15   2318 (relating to procedures for conduct, disposition and use of
16   DNA analysis), to determine that a crime scene DNA profile is
17   sufficiently likely to have originated from a close relative of
18   an individual whose DNA profile is recorded in the State DNA
19   Data Base.
20      * * *
21      "Other specified offense."    Any of the following:
22          (1)   A felony offense, other than criminal homicide or a
23      felony sex offense.
24          (2)   (Reserved).
25          (3)   (Reserved).
26          (4)   An offense under 18 Pa.C.S. (relating to crimes and
27      offenses) or 75 Pa.C.S. (relating to vehicles) that is graded
28      as a misdemeanor of the first degree.
29          (5)   A misdemeanor offense requiring registration under
30      42 Pa.C.S. Ch. 97 Subch. H (relating to registration of

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 1      sexual offenders).
 2             (6)   An offense graded as a misdemeanor of the second
 3      degree under any of the following:
 4                   18 Pa.C.S. § 2701 (relating to simple assault).
 5                   18 Pa.C.S. § 2903 (relating to false imprisonment).
 6                   18 Pa.C.S. § 3127 (relating to indecent exposure).
 7                   18 Pa.C.S. Ch. 39 (relating to theft and related
 8             offenses).
 9                   18 Pa.C.S. § 4105 (relating to bad checks).
10                   18 Pa.C.S. § 4106 (relating to access device fraud).
11                   18 Pa.C.S. § 4952 (relating to intimidation of
12             witnesses or victims).
13                   18 Pa.C.S. § 4953 (relating to retaliation against
14             witness, victim or party).
15                   18 Pa.C.S. § 4958 (relating to intimidation,
16             retaliation or obstruction in child abuse cases).
17                   18 Pa.C.S. § 5121 (relating to escape).
18                   18 Pa.C.S. § 5126 (relating to flight to avoid
19             apprehension, trial or punishment).
20                   18 Pa.C.S. § 5131 (relating to recruiting criminal
21             gang members).
22                   18 Pa.C.S. § 5510 (relating to abuse of corpse).
23                   18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to
24             animals).
25                   18 Pa.C.S. § 5902 (relating to prostitution and
26             related offenses).
27      * * *
28      Section 3.      Sections 2312, 2314(b), 2316 and 2317(a)(1)
29   introductory paragraph of Title 44 are amended to read:
30   § 2312.    State DNA Data Base.

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 1      A Statewide DNA Data Base is reestablished within the State
 2   Police to store forensic DNA profiles and records developed by
 3   or submitted to the State Police under the former DNA Act, the
 4   former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
 5   testing) or this chapter, and to contribute forensic DNA
 6   profiles and records to CODIS, the National Missing and
 7   Unidentified Persons System and the national DNA identification
 8   index system. The State DNA Data Base shall have the capability
 9   provided by computer software and procedures administered by the
10   State Police to store and maintain forensic DNA profiles and
11   records related to:
12             (1)   forensic casework;
13             (2)   arrested and convicted or delinquency adjudicated
14      offenders required to provide a DNA sample under this
15      chapter;
16             (3)   anonymous DNA records used for statistical research
17      on the frequency of DNA genotypes, quality control and bias
18      or the development of new DNA identification methods; and
19             (4)   missing persons and unidentified decedents.
20   § 2314.    State Police recommendation of additional offenses and
21                   annual report.
22      * * *
23      (b)    Annual report.--No later than August 1 of each year, the
24   commissioner shall submit to the Governor's Office, the
25   chairperson and minority chairperson of the Judiciary Committee
26   of the Senate and the chairperson and minority chairperson of
27   the Judiciary Committee of the House of Representatives a
28   written report containing information regarding the collection
29   and testing of DNA samples under the provisions of this chapter.
30   The report must include, but need not be limited to, the

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 1   following information pertaining to the previous fiscal year:
 2             (1)   The age, race and sex of those [convicted] from whom
 3      DNA samples were submitted [upon conviction] under this
 4      chapter.
 5             (2)   The fiscal impact on the State Police of collecting
 6      and testing DNA samples from persons arrested for, convicted
 7      of or adjudicated delinquent for offenses.
 8             (3)   The average length of time between the receipt of
 9      DNA samples [from those convicted of offenses] and the
10      completion of forensic DNA testing of each of those
11      categories of DNA samples.
12             (3.1)   The number of DNA samples expunged from the State
13      DNA Data Base.
14             (4)   Recommendations, if any, under this section for the
15      inclusion of additional offenses for which DNA samples must
16      be collected or recommendations for the removal of specific
17      offenses from the categories requiring the collection of DNA
18      samples from arrestees or persons convicted of crimes.
19   § 2316.    DNA sample required [upon conviction, delinquency
20                   adjudication and certain ARD cases].
21      (a)     General rule.--A person who is convicted or adjudicated
22   delinquent for criminal homicide, a felony sex offense or other
23   specified offense or who is or remains incarcerated for a felony
24   sex offense or other specified offense on or after the effective
25   date of this chapter shall have a DNA sample collected as
26   follows:
27             (1)   A person who is sentenced or receives a delinquency
28      disposition to a term of confinement for an offense covered
29      by this subsection shall have a DNA sample collected upon
30      intake to a prison, jail or juvenile detention facility or

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 1    any other detention facility or institution. If the person is
 2    already confined at the time of sentencing or adjudication,
 3    the person shall have a DNA sample collected immediately
 4    after the sentencing or adjudication. If a DNA sample is not
 5    timely collected in accordance with this section, the DNA
 6    sample may be collected any time thereafter by the prison,
 7    jail, juvenile detention facility, detention facility or
 8    institution.
 9          (2)   A person who is convicted or adjudicated delinquent
10    for an offense covered by this subsection shall have a DNA
11    sample collected as a condition for any sentence or
12    adjudication which disposition will not involve an intake
13    into a prison, jail, juvenile detention facility or any other
14    detention facility or institution.
15          (3)   Under no circumstances shall a person who is
16    convicted or adjudicated delinquent for an offense covered by
17    this subsection be released in any manner after such
18    disposition unless and until a DNA sample and fingerprints
19    have been collected.
20    (b)   Condition of release, probation or parole.--
21          (1)   A person who has been convicted or adjudicated
22    delinquent for criminal homicide, a felony sex offense or
23    other specified offense and who serves a term of confinement
24    in connection therewith after June 18, 2002, shall not be
25    released in any manner unless and until a DNA sample has been
26    collected.
27          (2)   This chapter shall apply to incarcerated persons
28    convicted or adjudicated delinquent for criminal homicide, a
29    felony sex offense or other specified offense prior to June
30    19, 2002.

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 1            (3)   The following shall apply:
 2                  (i)    Except as provided under subparagraph (ii), this
 3            chapter shall apply to incarcerated persons and persons
 4            on probation or parole who were convicted or adjudicated
 5            delinquent for criminal homicide, a felony sex offense or
 6            other specified offenses prior to the effective date of
 7            this paragraph.
 8                  (ii)   Subparagraph (i) shall not apply to persons
 9            convicted or adjudicated delinquent of an offense
10            enumerated under paragraph (4) or (6) of the definition
11            of "other specified offense" in section 2303 (relating to
12            definitions).
13      (c)   Certain ARD cases.--Acceptance into ARD as a result of a
14   criminal charge for criminal homicide, a felony sex offense or
15   other specified offense, other than an offense enumerated under
16   paragraph (4) or (6) of the definition of "other specified
17   offense" in section 2303 filed after June 18, 2002, [may] shall
18   be conditioned upon the collection of a DNA sample.
19      (c.1)   Arrest.--A person who is arrested in this Commonwealth
20   for criminal homicide, a felony sex offense or other specified
21   offense shall have a DNA sample collected as follows:
22            (1)   The person shall have a DNA sample collected at the
23      time fingerprints are collected under 18 Pa.C.S. § 9112
24      (relating to mandatory fingerprinting). DNA collected shall
25      be submitted to the State Police within 48 hours in a manner
26      prescribed by rules, regulations and guidelines promulgated
27      under section 2318 (relating to procedures for conduct,
28      disposition and use of DNA analysis).
29            (2)   The person may not be released until a DNA sample
30      and fingerprints are collected.

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 1            (3)   If a DNA sample is not timely collected in
 2      accordance with this subsection, the DNA sample may be
 3      collected any time thereafter by a law enforcement official,
 4      prison, jail, juvenile detention facility, detention facility
 5      or institution.
 6      (d)   Supervision of DNA samples.--All DNA samples collected
 7   pursuant to this section shall be collected in accordance with
 8   rules, regulations and guidelines promulgated by the State
 9   Police in consultation with the Department of Corrections.
10      (d.1)   Mandatory submission.--The requirements of this
11   chapter are mandatory and apply regardless of whether a court
12   advises a person that a DNA sample must be provided to the State
13   DNA Data Base and the State DNA Data Bank as a result of [a] an
14   arrest, conviction or adjudication of delinquency. A person who
15   has been sentenced to death or life imprisonment without the
16   possibility of parole or to any term of incarceration is not
17   exempt from the requirements of this chapter. Any person subject
18   to this chapter who has not provided a DNA sample for any
19   reason, including because of an oversight or error, shall
20   provide a DNA sample for inclusion in the State DNA Data Base
21   and the State DNA Data Bank after being notified by authorized
22   law enforcement or corrections personnel. If a person provides a
23   DNA sample which is not adequate for any reason, the person
24   shall provide another DNA sample for inclusion in the State DNA
25   Data Base and the State DNA Data Bank after being notified by
26   authorized law enforcement or corrections personnel. The DNA
27   sample may be collected under this chapter but shall not be
28   required if the authorized law enforcement or corrections
29   official confirms that a DNA sample from the person has already
30   been validly collected and provided to the State DNA Data Bank

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 1   and a DNA record for the person exists in the State DNA Data
 2   Base.
 3      (e)    Definition.--As used in this section, the term
 4   "released" means any release, parole, furlough, work release,
 5   prerelease or release in any other manner from a prison, jail,
 6   juvenile detention facility or any other place of confinement.
 7   § 2317.    Procedures for collection and transmission of DNA
 8                   samples.
 9      (a)    Collection of DNA samples.--
10             (1)    Each DNA sample required to be collected pursuant to
11      sections 2316 (relating to DNA sample required [upon
12      conviction, delinquency adjudication and certain ARD cases])
13      and 2316.1 (relating to collection from persons accepted from
14      other jurisdictions) shall be collected as follows:
15                   * * *
16      Section 4.       Title 44 is amended by adding a section to read:
17   § 2318.1.       Request for modified DNA search.
18      (a)    Procedure.--
19             (1)    A criminal justice agency may request in writing
20      that the State Police perform a modified DNA search in an
21      unsolved case and shall provide information as required by
22      the State Police.
23             (2)    The State Police may grant a request to conduct a
24      modified DNA search if the State Police determine that the
25      request complies with subsection (d)(2).
26      (b)    Modified DNA search.--
27             (1)    The State Police may conduct a modified DNA search
28      after the State Police grants a request under subsection (a)
29      (2).
30             (2)    The State Police may conduct a modified DNA search

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 1      in unsolved cases without the request of a criminal justice
 2      agency if the State Police determine that it would have
 3      granted a request had a request been made by a criminal
 4      justice agency.
 5            (3)   The State Police shall develop and use procedures
 6      for conducting a modified DNA search that are consistent with
 7      the rules, regulations and guidelines promulgated under
 8      section 2318 (relating to procedures for conduct, disposition
 9      and use of DNA analysis).
10      (c)   Release of information.--The State Police shall provide
11   the requesting criminal justice agency with personally
12   identifying information of individuals whose DNA records were
13   identified through a modified DNA search.
14      (d)   Requirements.--
15            (1)   The State Police shall require a criminal justice
16      agency to provide assurances and information in support of
17      the request for a modified DNA search, including:
18                  (i)    A representation that a modified DNA search is
19            necessary for law enforcement identification purposes in
20            an unsolved case.
21                  (ii)    A representation that all other investigative
22            leads have been pursued.
23                  (iii)    A commitment to further investigate the case
24            if personal identifying information from a modified DNA
25            search is provided.
26                  (iv)    Any other information that the State Police
27            deem necessary.
28            (2)   The State Police may grant a modified DNA search
29      request if the State Police determine that:
30                  (i)    The crime scene DNA profile has sufficient size,

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 1        quality and integrity.
 2              (ii)    The crime scene DNA profile has previously been
 3        subjected to a routine DNA search against the State DNA
 4        Data Base and the National DNA Index System.
 5              (iii)    The modified DNA search is necessary for law
 6        enforcement identification purposes in an unsolved case.
 7              (iv)    The criminal justice agency has pursued all
 8        other investigative leads.
 9              (v)    Any relevant consideration, including factors or
10        requirements considered by any other jurisdiction,
11        supports granting the request.
12        (3)   The State Police procedures developed under
13    subsection (b)(3) to conduct modified DNA searches shall be
14    based on scientifically valid and reliable methods to
15    determine that a crime scene DNA profile is sufficiently
16    likely to have originated from a close relative of an
17    individual whose DNA profile is recorded in the State DNA
18    Data Base or the National DNA Index System. The State Police
19    may require the following:
20              (i)    An analysis of the rarity in the relevant
21        population of each shared DNA characteristic.
22              (ii)    An analysis of the pattern of shared DNA
23        characteristics.
24              (iii)    Y chromosome analysis.
25              (iv)    Mitochondrial DNA analysis.
26              (v)    Any other suitable method designed to determine
27        that a crime scene DNA profile originated from a close
28        relative of an individual in the State DNA Data Base or
29        the National DNA Index System.
30    Section 5.      Section 2319 of Title 44 is amended by adding a

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 1   subsection to read:
 2   § 2319.    DNA data base exchange.
 3      * * *
 4      (d)    Separate category.--The State Police shall create a
 5   separate category within the State DNA Data Base to store DNA
 6   samples and records collected upon arrest under section
 7   2316(c.1) (relating to DNA sample required).
 8      Section 6.         Sections 2321(b.1)(1) and 2322 of Title 44 are
 9   amended to read:
10   § 2321.    Expungement.
11      * * *
12      (b.1)    Expungement by court order.--The following shall
13   apply:
14             (1)   Except as provided under paragraph (2), a person may
15      request the court of common pleas of the county where the
16      original charges were filed or an arrest was made to issue an
17      order directing the expungement of the DNA sample, record or
18      profile pertaining to the person in the State DNA Data Bank
19      or the State DNA Data Base in the following instances:
20                   (i)    the conviction or delinquency adjudication for
21             which the person's DNA sample was collected has been
22             reversed and no appeal is pending;
23                   (i.1)    the charge for which the DNA sample was taken
24             has been dismissed, no appeal is pending and the
25             prosecuting authority is barred from further prosecution;
26                   (i.2)    there has been a judgment of acquittal on the
27             charge for which the DNA sample was taken and no further
28             appeal is pending;
29                   (i.3)    the person from whom the DNA sample was taken
30             was not charged with a crime for which a DNA sample is

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 1             authorized to be taken under this chapter;
 2                    (i.4)   the prosecuting authority has expressly
 3             declined to prosecute the charge for which the DNA sample
 4             was taken;
 5                    (i.5)   the charge for which the DNA sample was taken
 6             was not filed within the statute of limitations;
 7                    (ii)    the person was granted an unconditional pardon
 8             for the crime for which the DNA sample was taken; or
 9                    (iii)   the DNA sample, record or profile was included
10             in the State DNA Data Bank or State DNA Data Base by
11             mistake and the State Police has erroneously refused to
12             grant the person's request for removal under subsection
13             (b).
14             * * *
15   § 2322.    Mandatory cost.
16      Unless the court finds that undue hardship would result, a
17   mandatory cost of $250, which shall be in addition to any other
18   costs imposed pursuant to statutory authority, shall
19   automatically be assessed on any person convicted, adjudicated
20   delinquent or granted ARD for criminal homicide, a felony sex
21   offense or other specified offense, and all proceeds derived
22   from this section shall be transmitted to the fund.
23      Section 7.       This act shall take effect in 60 days.




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