SB 912 — 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, for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, for DNA data base exchange, for expungement and for mandatory cost; and making an editorial change.

PRINTER'S NO.     1088

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          SENATE BILL
                          No. 912
                                                 Session of
                                                   2025

     INTRODUCED BY FARRY, PENNYCUICK, PICOZZI, STEFANO, VOGEL, FLYNN,
        ARGALL AND CULVER, JULY 31, 2025

     REFERRED TO LAW AND JUSTICE, JULY 31, 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, for DNA sample required upon conviction,
 6      delinquency adjudication and certain ARD cases, for DNA data
 7      base exchange, for expungement and for mandatory cost; and
 8      making an editorial change.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.      Section 2302(2) and (4) of Title 44 of the
12   Pennsylvania Consolidated Statutes are amended to read:
13   § 2302.    Policy.
14      The General Assembly finds and declares that:
15             * * *
16             (2)   Several states have enacted laws requiring persons
17      arrested, charged or convicted of certain crimes, especially
18      sex offenses, to provide genetic samples for DNA profiling.
19             * * *
20             (4)   It is in the best interest of the Commonwealth to
21      establish a DNA data base and a DNA data bank containing DNA
 1      samples submitted by individuals arrested for, charged with,
 2      convicted of, adjudicated delinquent for or accepted into ARD
 3      for criminal homicide, felony sex offenses and other
 4      specified offenses and containing DNA samples collected as
 5      part of an investigation into missing persons or unidentified
 6      decedents.
 7             * * *
 8      Section 2.     The definition of "other specified offense" in
 9   section 2303 of Title 44 is amended and the section is amended
10   by adding a definition to read:
11   § 2303.    Definitions.
12      The following words and phrases when used in this chapter
13   shall have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      * * *
16      "Criminal homicide."     An offense under any of the following,
17   or an attempt, conspiracy or solicitation to commit any of the
18   following:
19             (1)   18 Pa.C.S. § 2501 (relating to criminal homicide).
20             (2)   18 Pa.C.S. § 2502 (relating to murder).
21             (3)   18 Pa.C.S. § 2503 (relating to voluntary
22      manslaughter).
23             (4)   18 Pa.C.S. § 2504 (relating to involuntary
24      manslaughter).
25             (5)   18 Pa.C.S. § 2505 (relating to causing or aiding
26      suicide), if the offense is graded as a felony.
27             (6)   18 Pa.C.S. § 2506 (relating to drug delivery
28      resulting in death).
29             (7)   18 Pa.C.S. § 2507 (relating to criminal homicide of
30      law enforcement officer).

20250SB0912PN1088                     - 2 -
 1      * * *
 2      "Other specified offense."    Any of the following, or an
 3   attempt, conspiracy or solicitation to commit any of the
 4   following:
 5          (1)   A felony offense, other than criminal homicide or a
 6      felony sex offense.
 7          (2)   (Reserved).
 8          (3)   (Reserved).
 9          (4)   An offense under 18 Pa.C.S. (relating to crimes and
10      offenses) or 75 Pa.C.S. (relating to vehicles) that is graded
11      as a misdemeanor of the first degree.
12          (5)   A misdemeanor offense requiring registration under
13      42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
14      sexual offenders).
15          (6)   An offense graded as a misdemeanor of the second
16      degree under any of the following:
17                18 Pa.C.S. § 2701 (relating to simple assault).
18                18 Pa.C.S. § 2903 (relating to false imprisonment).
19                18 Pa.C.S. § 3127 (relating to indecent exposure).
20                18 Pa.C.S. Ch. 39 (relating to theft and related
21          offenses).
22                18 Pa.C.S. § 4105 (relating to bad checks).
23                18 Pa.C.S. § 4106 (relating to access device fraud).
24                18 Pa.C.S. § 4952 (relating to intimidation of
25          witnesses or victims).
26                18 Pa.C.S. § 4953 (relating to retaliation against
27          witness, victim or party).
28                18 Pa.C.S. § 4958 (relating to intimidation,
29          retaliation or obstruction in child abuse cases).
30                18 Pa.C.S. § 5121 (relating to escape).

20250SB0912PN1088                    - 3 -
 1                   18 Pa.C.S. § 5126 (relating to flight to avoid
 2             apprehension, trial or punishment).
 3                   18 Pa.C.S. § 5131 (relating to recruiting criminal
 4             gang members).
 5                   18 Pa.C.S. § 5510 (relating to abuse of corpse).
 6                   18 Pa.C.S. Ch. 55 Subch. B (relating to cruelty to
 7             animals).
 8                   18 Pa.C.S. § 5902 (relating to prostitution and
 9             related offenses).
10      * * *
11      Section 3.      Sections 2312, 2314(b), 2316 and 2317(a)(1)
12   introductory paragraph of Title 44 are amended to read:
13   § 2312.    State DNA Data Base.
14      A Statewide DNA Data Base is reestablished within the State
15   Police to store forensic DNA profiles and records developed by
16   or submitted to the State Police under the former DNA Act, the
17   former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and
18   testing) or this chapter, and to contribute forensic DNA
19   profiles and records to CODIS, the National Missing and
20   Unidentified Persons System and the national DNA identification
21   index system. The State DNA Data Base shall have the capability
22   provided by computer software and procedures administered by the
23   State Police to store and maintain forensic DNA profiles and
24   records related to:
25             (1)   forensic casework;
26             (2)   [convicted or delinquency adjudicated offenders]
27      persons required to provide a DNA sample under this chapter;
28             (3)   anonymous DNA records used for statistical research
29      on the frequency of DNA genotypes, quality control or the
30      development of new DNA identification methods; and

20250SB0912PN1088                      - 4 -
 1             (4)   missing persons and unidentified decedents.
 2   § 2314.    State Police recommendation of additional offenses and
 3                   annual report.
 4      * * *
 5      (b)    Annual report.--No later than August 1 of each year, the
 6   commissioner shall submit to the Governor's Office, the
 7   chairperson and minority chairperson of the Judiciary Committee
 8   of the Senate and the chairperson and minority chairperson of
 9   the Judiciary Committee of the House of Representatives a
10   written report containing information regarding the collection
11   and testing of DNA samples under the provisions of this chapter.
12   The report must include, but need not be limited to, the
13   following information pertaining to the previous fiscal year:
14             (1)   The age, race and sex of those [convicted] from whom
15      DNA samples were submitted [upon conviction] under this
16      chapter.
17             (2)   The fiscal impact on the State Police of collecting
18      and testing DNA samples from persons [convicted of or
19      adjudicated delinquent for offenses.] required to provide a
20      DNA sample under this chapter.
21             (3)   The average length of time between the receipt of
22      DNA samples [from those convicted of offenses] and the
23      completion of forensic DNA testing of each of those
24      categories of DNA samples.
25             (3.1)   The number of DNA samples expunged from the State
26      DNA Data Base.
27             (4)   Recommendations, if any, under this section for the
28      inclusion of additional offenses for which DNA samples must
29      be collected or recommendations for the removal of specific
30      offenses from the categories requiring the collection of DNA

20250SB0912PN1088                     - 5 -
 1      samples from arrestees or persons convicted of crimes.
 2   § 2316.    DNA sample required [upon conviction, delinquency
 3                   adjudication and certain ARD cases].
 4      (a)    [General rule.--] Conviction or adjudication.--A person
 5   who is convicted or adjudicated delinquent for criminal
 6   homicide, a felony sex offense or other specified offense or who
 7   is or remains incarcerated for a felony sex offense or other
 8   specified offense on or after the effective date of this chapter
 9   shall have a DNA sample collected as follows:
10             (1)   A person who is sentenced or receives a delinquency
11      disposition to a term of confinement for an offense covered
12      by this subsection shall have a DNA sample collected upon
13      intake to a prison, jail or juvenile detention facility or
14      any other detention facility or institution. If the person is
15      already confined at the time of sentencing or adjudication,
16      the person shall have a DNA sample collected immediately
17      after the sentencing or adjudication. If a DNA sample is not
18      timely collected in accordance with this section, the DNA
19      sample may be collected any time thereafter by the prison,
20      jail, juvenile detention facility, detention facility or
21      institution.
22             (2)   A person who is convicted or adjudicated delinquent
23      for an offense covered by this subsection shall have a DNA
24      sample collected as a condition for any sentence or
25      adjudication which disposition will not involve an intake
26      into a prison, jail, juvenile detention facility or any other
27      detention facility or institution.
28             (3)   Under no circumstances shall a person who is
29      convicted or adjudicated delinquent for an offense covered by
30      this subsection be released in any manner after such

20250SB0912PN1088                      - 6 -
 1      disposition unless and until a DNA sample and fingerprints
 2      have been collected.
 3      (b)   Condition of release, probation or parole.--
 4            (1)   A person who has been convicted or adjudicated
 5      delinquent for criminal homicide, a felony sex offense or
 6      other specified offense and who serves a term of confinement
 7      in connection therewith after June 18, 2002, shall not be
 8      released in any manner unless and until a DNA sample has been
 9      collected.
10            (2)   This chapter shall apply to incarcerated persons
11      convicted or adjudicated delinquent for criminal homicide, a
12      felony sex offense or other specified offense prior to June
13      19, 2002.
14            (3)   The following shall apply:
15                  (i)    Except as provided under subparagraph (ii), this
16            chapter shall apply to incarcerated persons and persons
17            on probation or parole who were convicted or adjudicated
18            delinquent for criminal homicide, a felony sex offense or
19            other specified offenses prior to the effective date of
20            this paragraph.
21                  (ii)   Subparagraph (i) shall not apply to persons
22            convicted or adjudicated delinquent of an offense
23            enumerated under paragraph (4) or (6) of the definition
24            of "other specified offense" in section 2303 (relating to
25            definitions).
26      (c)   Certain ARD cases.--Acceptance into ARD as a result of a
27   criminal charge for criminal homicide, a felony sex offense or
28   other specified offense, other than an offense enumerated under
29   paragraph (4) or (6) of the definition of "other specified
30   offense" in section 2303 filed after June 18, 2002, [may] shall

20250SB0912PN1088                       - 7 -
 1   be conditioned upon the collection of a DNA sample.
 2      (c.1)   Arrest.--Except as otherwise provided in this section,
 3   a person who is arrested for a specified offense on or after the
 4   effective date of this subsection shall have a DNA sample
 5   collected as follows:
 6          (1)   A person who is arrested in this Commonwealth for
 7      criminal homicide shall have a DNA sample collected at the
 8      time fingerprints are collected under 18 Pa.C.S. § 9112
 9      (relating to mandatory fingerprinting). The collected DNA
10      sample shall be submitted to the State Police within 48 hours
11      in a manner prescribed by rules, regulations and guidelines
12      promulgated under section 2318 (relating to procedures for
13      conduct, disposition and use of DNA analysis). The person may
14      not be released until a DNA sample and fingerprints are
15      collected.
16          (2)   A person who is arrested in this Commonwealth for a
17      felony sex offense shall have a DNA sample collected at the
18      time fingerprints are collected under 18 Pa.C.S. § 9112. The
19      collected DNA sample shall be submitted to the State Police
20      within 48 hours in a manner prescribed by rules, regulations
21      and guidelines promulgated under section 2318. The person may
22      not be released until a DNA sample and fingerprints are
23      collected.
24          (3)   A person who is arrested in this Commonwealth for an
25      offense listed under paragraph (1), (4) or (5) of the
26      definition of "other specified offense" in section 2303 shall
27      have a DNA sample collected at the time fingerprints are
28      collected under 18 Pa.C.S. § 9112. The collected DNA sample
29      shall be submitted to the State Police within 48 hours in a
30      manner prescribed by rules, regulations and guidelines

20250SB0912PN1088                  - 8 -
 1      promulgated under section 2318. The person may not be
 2      released until a DNA sample and fingerprints are collected.
 3      (c.2)   Limitations.--
 4            (1)   Subsection (c.1) shall not apply to a criminal
 5      proceeding in which the person who is the subject of the
 6      criminal proceeding is not arrested and is instead proceeded
 7      against by summons.
 8            (2)   Nothing in this subsection shall be construed to
 9      preclude the collection of DNA otherwise authorized by this
10      chapter.
11      (d)   Supervision of DNA samples.--All DNA samples collected
12   pursuant to this section shall be collected in accordance with
13   rules, regulations and guidelines promulgated by the State
14   Police in consultation with the Department of Corrections.
15      (d.1)   Mandatory submission.--The requirements of this
16   chapter are mandatory and apply regardless of whether a court
17   advises a person that a DNA sample must be provided to the State
18   DNA Data Base and the State DNA Data Bank as a result of [a] an
19   arrest, conviction or adjudication of delinquency. A person who
20   has been sentenced to death or life imprisonment without the
21   possibility of parole or to any term of incarceration is not
22   exempt from the requirements of this chapter. Any person subject
23   to this chapter who has not provided a DNA sample for any
24   reason, including because of an oversight or error, shall
25   provide a DNA sample for inclusion in the State DNA Data Base
26   and the State DNA Data Bank after being notified by authorized
27   law enforcement or corrections personnel. If a person provides a
28   DNA sample which is not adequate for any reason, the person
29   shall provide another DNA sample for inclusion in the State DNA
30   Data Base and the State DNA Data Bank after being notified by

20250SB0912PN1088                    - 9 -
 1   authorized law enforcement or corrections personnel. The DNA
 2   sample may be collected under this chapter but shall not be
 3   required if the authorized law enforcement or corrections
 4   official confirms that a DNA sample from the person has already
 5   been validly collected and provided to the State DNA Data Bank
 6   and a DNA record for the person exists in the State DNA Data
 7   Base.
 8      (e)    Definition.--As used in this section, the term
 9   "released" means any release, parole, furlough, work release,
10   bail, prerelease or release in any other manner from a prison,
11   jail, juvenile detention facility or any other place of
12   confinement.
13   § 2317.    Procedures for collection and transmission of DNA
14                   samples.
15      (a)    Collection of DNA samples.--
16             (1)   Each DNA sample required to be collected pursuant to
17      sections 2316 (relating to DNA sample required [upon
18      conviction, delinquency adjudication and certain ARD cases])
19      and 2316.1 (relating to collection from persons accepted from
20      other jurisdictions) shall be collected as follows:
21                   * * *
22      Section 4.      Section 2319 of Title 44 is amended by adding a
23   subsection to read:
24   § 2319.    DNA data base exchange.
25      * * *
26      (d)    Separate category.--The State Police shall create a
27   separate category within the State DNA Data Base to store DNA
28   samples and records collected upon arrest under section
29   2316(c.1) (relating to DNA sample required).
30      Section 5.      Sections 2321(b.1) and 2322 of Title 44 are

20250SB0912PN1088                     - 10 -
 1   amended to read:
 2   § 2321.    Expungement.
 3      * * *
 4      (b.1)    Expungement by court order.--The following shall
 5   apply:
 6             (1)   Except as provided under [paragraph (2)] paragraphs
 7      (2) and (3), a person may request the court of common pleas
 8      of the county where the original charges were filed or where
 9      the arrest for which the DNA sample, record or profile was
10      made to issue an order directing the expungement of the DNA
11      sample, record or profile pertaining to the person in the
12      State DNA Data Bank or the State DNA Data Base in the
13      following instances:
14                   (i)   the conviction or delinquency adjudication for
15             which the person's DNA sample was collected has been
16             reversed and no appeal is pending;
17                   (i.1)   the charge for which the DNA sample was taken
18             has been dismissed, no appeal is pending and the
19             prosecuting authority is barred from further prosecution;
20                   (i.2)   there has been a judgment of acquittal on the
21             charge for which the DNA sample was taken and no further
22             appeal is pending;
23                   (i.3)   the person from whom the DNA sample was taken
24             was not charged with a crime for which a DNA sample is
25             authorized to be taken under this chapter;
26                   (i.4)   the prosecuting authority has expressly
27             declined to prosecute the charge for which the DNA sample
28             was taken;
29                   (i.5)   the charge for which the DNA sample was taken
30             was not filed within the statute of limitations;

20250SB0912PN1088                       - 11 -
 1                    (ii)    the person was granted an unconditional pardon
 2             for the crime for which the DNA sample was taken; or
 3                    (iii)   the DNA sample, record or profile was included
 4             in the State DNA Data Bank or State DNA Data Base by
 5             mistake and the State Police has erroneously refused to
 6             grant the person's request for removal under subsection
 7             (b).
 8             (2)    Paragraph (1) shall not apply if the person has been
 9      arrested, convicted or adjudicated delinquent for any other
10      crime for which a DNA sample is required to be collected
11      under this chapter.
12             (3)    The court shall give [10] 30 days' prior notice to
13      the district attorney of the county where the original
14      charges were filed of an application for expungement under
15      this subsection.
16             (4)    Notwithstanding any other law or rule of court, the
17      court shall have no authority to order the expungement of a
18      DNA sample, record or profile in the State DNA Data Bank or
19      the State DNA Data Base except as provided under this
20      subsection.
21      * * *
22   § 2322.    Mandatory cost.
23      Unless the court finds that undue hardship would result, a
24   mandatory cost of $250, which shall be in addition to any other
25   costs imposed pursuant to statutory authority, shall
26   automatically be assessed on any person convicted, adjudicated
27   delinquent or granted ARD for criminal homicide, a felony sex
28   offense or other specified offense, and all proceeds derived
29   from this section shall be transmitted to the fund.
30      Section 6.       This act shall take effect as follows:

20250SB0912PN1088                         - 12 -
1         (1)   The addition of 44 Pa.C.S. § 2316(c.1)(2) shall take
2     effect in one year.
3         (2)   The addition of 44 Pa.C.S. § 2316(c.1)(3) shall take
4     effect in 18 months.
5         (3)   This section shall take effect immediately.
6         (4)   The remainder of this act shall take effect in six
7     months.




20250SB0912PN1088                - 13 -