reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 98 - County Intermediate Punishment › Section 9812 - Construction

§ 9812. Construction.
Nothing in this chapter shall be construed as creating an enforceable right in any person to participate in an intermediate punishment program in lieu of incarceration. Nothing in this chapter shall be construed as requiring any county to appropriate funds for the implementation of an intermediate punishment program except as may be necessary to qualify for funds under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 98 - County Intermediate Punishment › Section 9813 - Work release or other court order and purposes

§ 9813. Work release or other court order and purposes.
(a) Generally.--
Notwithstanding any provision of law, if any offender has been sentenced to undergo imprisonment in a county jail for a term of less than five years, the court, at the time of sentence or at any time thereafter upon application made in accordance with this section, may enter an order making the offender eligible to leave the jail during necessary and reasonable hours for the purpose of working at his employment, conducting his own business or other self-employed occupation, including housekeeping and attending to the needs of family, seeking employment, attending an educational institution, securing medical treatment or for other lawful purposes as the court shall consider necessary and appropriate.
(b) Procedure.--
At the time of imposition of a county jail sentence, a crime victim receiving notice of the sentence imposed shall be informed that the offender may be eligible for an order under this section. An application for an order under this section shall be served on the attorney for the Commonwealth. Prior to granting any order under this section, the court shall ensure that the attorney for the Commonwealth and a registered crime victim have received notice of the application and had a reasonable opportunity to be heard on the application.
(c) Revocation or modification of previously entered order.--
The county jail officials may detain and recommit the offender or preclude the offender from leaving the county jail if the offender violates the conditions set by the jail officials or the court, or if allowing the offender to leave the county jail poses a risk to community safety or the orderly and safe management of the jail. The jail officials shall notify the court of such action. In addition, the order of court may be revoked or modified at any time with notice to the prisoner.
(Sept. 25, 2008, P.L.1026, No.81, eff. 60 days)
2008 Amendment.
Act 81 added section 9813.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 99 - Other Criminal Provisions › Extra - Chapter Notes

Enactment.
Chapter 99 was added August 11, 2009, P.L.147, No.33, effective in 60 days unless
            otherwise noted.
Prior Provisions.
Former Chapter 99, which related to State Intermediate Punishment, was added November
            19, 2004, P.L.855, No.112, and repealed August 11, 2009, P.L.147, No.33, effective
            in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 99 - Other Criminal Provisions › Section 9911 - Definitions

§ 9911. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given in this section unless the context clearly indicates otherwise:
"ARD."
Accelerated Rehabilitative Disposition.
"Conditions of supervision."
Any terms or conditions of an offender's supervision whether imposed by the court or an officer, including compliance with all requirements of Federal, State and local law.
"Contraband."
Any item that an offender is not permitted to possess under the conditions of supervision, including any item whose possession is forbidden by any Federal, State or local law.
"Court."
The court of common pleas or any judge thereof, the Philadelphia Municipal Court or any judge thereof, the Pittsburgh Magistrates Court or any judge thereof or any magisterial district judge.
"Exigent circumstances."
The term includes, but is not limited to, suspicion that contraband or other evidence of violations of the conditions of supervision might be destroyed or suspicion that a weapon might be used. Exigent circumstances always exist with respect to a vehicle.
"Offender."
A person released on county probation, intermediate punishment or county parole. The term shall not include any person serving a period of probation pursuant to Accelerated Rehabilitative Disposition, except as authorized under section 9912(b) (relating to supervisory relationship to offenders).
"Officer."
A probation or parole officer appointed or employed by any court or by any county department of probation and parole to supervise persons released on county probation or parole.
"Personal search."
A warrantless search of an offender's person, including, but not limited to, the offender's clothing and any personal property which is in the possession, within the reach or under the control of the offender.
"Probation officer."
As defined in section 6304 (relating to powers and duties of probation officers).
"Property search."
A warrantless search of real property, vehicle or personal property which is in the possession or under the control of an offender.
"Real property."
Any residence or business property of an offender, including all portions of the property to which the offender has access.
"Supervisor."
An individual acting in a supervisory or administrative capacity.
"Technology portal."
A device, including a cellular phone and other electronic device, that allows simultaneous voice and video communication in real time between the offender and the probation officer.
(July 7, 2022, P.L.492, No.46, eff. 60 days)
2022 Amendment.
Act 46 added the defs. of "probation officer" and "technology portal."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 99 - Other Criminal Provisions › Section 9913 - Peace officer power for probation officers

§ 9913. Peace officer power for probation officers.
An officer is declared to be a peace officer and shall have police powers and authority throughout this Commonwealth to arrest, with or without warrant, writ, rule or process, any person on probation, intermediate punishment or parole under the supervision of the court for failing to report as required by the terms of that person's probation, intermediate punishment or parole or for any other violation of that person's probation, intermediate punishment or parole.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 99 - Other Criminal Provisions › Section 9914 - Meetings

§ 9914. Meetings.
Notwithstanding section 6.1(h)(5) of the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, in lieu of requiring an offender who has been released on probation to appear in person at a meeting, a probation officer may utilize technology portals.
(July 7, 2022, P.L.492, No.46, eff. 60 days)
2022 Amendment.
Act 46 added section 9914.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Extra - Title Notes

Special Provisions in Appendix.
See section 7 of Act 4 of 2022 in the appendix to this title for special provisions
            relating to Pennsylvania State Police.
44c2303s
Special Provisions in Appendix.
See section 7 of Act 4 of 2022 in the appendix to this title for special provisions
            relating to Pennsylvania State Police.
44c2313s
Special Provisions in Appendix.
See section 5 of Act 49 of 2009 in the appendix to this title for special provisions
            relating to legislative findings and declarations.
Special Provisions in Appendix.
See section 3 of Act 134 of 2020 in the appendix to this title for special provisions
            relating to continuation of prior law.
44c7421s
Enactment.
Unless otherwise noted, the provisions of Title 44 were added November 30, 2004, P.L.1428,
            No.185, effective in 60 days.
Enactment.
Part II was added November 30, 2004, P.L.1428, No.185, effective in 60 days.
Enactment.
Part III was added September 25, 2008, P.L.1026, No.81, effective in 60 days.
Enactment.
Part IV was added October 9, 2009, P.L.494, No.49, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 702 - Definitions

§ 702. 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:
"Bureau."
The Legislative Reference Bureau.
"Electronic."
Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
"Legal material."
Whether or not in effect, any of the following:
(1) The Constitution of the Commonwealth of Pennsylvania.
(2) The Laws of Pennsylvania under 1 Pa.C.S. § 1103 (relating to preparation of statutes for printing).
(3) The Pennsylvania Code and the Pennsylvania Bulletin.
(4) A Commonwealth agency regulation that has or had the effect of law.
(5) (Reserved).
(6) Reported decisions of:
(i) the Supreme Court;
(ii) Superior Court; or
(iii) Commonwealth Court.
(7) Rules of court under 42 Pa.C.S. § 1722 (relating to adoption of administrative and procedural rules).
"Official publisher."
As follows:
(1) For the Constitution of the Commonwealth of Pennsylvania, the bureau.
(2) For the Laws of Pennsylvania under 1 Pa.C.S. § 1105 (relating to editing statutes for printing), the bureau.
(3) For the Pennsylvania Code and the Pennsylvania Bulletin, the Joint Committee on Documents.
(4) For a regulation published in the Pennsylvania Code, the bureau.
(5) (Reserved).
(6) (Reserved).
(7) For a State court decision included under paragraph (6) of the definition of "legal material," the prothonotary of the applicable court.
(8) For rules of court under 42 Pa.C.S. § 1722, the Administrative Office of Pennsylvania Courts.
(9) (Reserved).
"Publish."
To display, present or release to the public, or cause to be displayed, presented or released to the public, by the official publisher.
"Record."
Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"State."
A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(Nov. 5, 2021, P.L.427, No.82, eff. imd.)
2021 Amendment.
Act 82 amended the defs. of "legal material" and "official publisher." See section 1 of Act 82 in the appendix to this title for special provisions relating to findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 704 - Legal material in official electronic record

§ 704. Legal material in official electronic record.
(a) Exclusive electronic publication.--
If an official publisher publishes legal material only in an electronic record, the publisher shall:
(1) designate the electronic record as official; and
(2) comply with sections 705 (relating to authentication of official electronic record), 707 (relating to preservation and security of legal material in official electronic record) and 708 (relating to public access to legal material in official electronic record).
(b) Multiple publication.--
An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 705, 707 and 708.
Cross References.
Section 704 is referred to in sections 703, 705, 707 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 705 - Authentication of official electronic record

§ 705. Authentication of official electronic record.
An official publisher of legal material in an electronic record that is designated as official under section 704 (relating to legal material in official electronic record) shall authenticate the record. To authenticate an electronic record, the publisher must provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
Cross References.
Section 705 is referred to in sections 704, 706 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 706 - Effect of authentication

§ 706. Effect of authentication.
(a) Pennsylvania.--
Legal material in an electronic record that is authenticated under section 705 (relating to authentication of official electronic record) is presumed to be an accurate copy of the legal material.
(b) Other states.--
If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(c) Contest.--
A party contesting the authentication of legal material in an electronic record authenticated under section 705 has the burden of proving by a preponderance of the evidence that the record is not authentic.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 707 - Preservation and security of legal material in official electronic record

§ 707. Preservation and security of legal material in official electronic record.
(a) Duty.--
An official publisher of legal material in an electronic record that is or was designated as official under section 704 (relating to legal material in official electronic record) shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
(b) Requirements.--
If legal material is preserved under subsection (a) in an electronic record, the official publisher shall:
(1) ensure the integrity of the record;
(2) provide for backup and disaster recovery of the record; and
(3) ensure the continuing usability of the material.
Cross References.
Section 707 is referred to in sections 704, 708 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 708 - Public access to legal material in official electronic record

§ 708. Public access to legal material in official electronic record.
An official publisher of legal material in an electronic record that is required to be preserved under section 707 (relating to preservation and security of legal material in official electronic record) shall ensure that the material is reasonably available for use by the public on a permanent basis.
Cross References.
Section 708 is referred to in section 704 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 709 - Standards

§ 709. Standards.
In implementing this chapter, an official publisher of legal material in an electronic record shall consider:
(1) standards and practices of other jurisdictions;
(2) the most recent standards regarding authentication of, preservation and security of and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
(3) the needs of users of legal material in an electronic record;
(4) the views of governmental officials and entities and other interested persons; and
(5) to the extent practicable, methods and technologies for the authentication of, preservation and security of and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this Commonwealth and in other states that have adopted a law substantially similar to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 710 - Uniformity of application and construction

§ 710. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 7 - Uniform Electronic Legal Material Act › Section 711 - Relation to Electronic Signatures in Global and National Commerce Act

§ 711. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2302 - Policy

§ 2302. Policy.
The General Assembly finds and declares that:
(1) Forensic DNA testing is an important tool in criminal investigations and investigations of missing persons or unidentified decedents, in excluding innocent individuals who are the subject of criminal investigations or prosecutions and in detecting and deterring repeated crimes by the same individual.
(2) Several states have enacted laws requiring persons convicted of certain crimes, especially sex offenses, to provide genetic samples for DNA profiling.
(3) Moreover, it is the policy of the Commonwealth to assist Federal, State and local criminal justice and law enforcement agencies in the identification and detection of individuals in criminal investigations and investigations of missing persons or unidentified decedents.
(4) It is in the best interest of the Commonwealth to establish a DNA data base and a DNA data bank containing DNA samples submitted by individuals convicted of, adjudicated delinquent for or accepted into ARD for felony sex offenses and other specified offenses and containing DNA samples collected as part of an investigation into missing persons or unidentified decedents.
(5) It is in the best interest of the Commonwealth to authorize the State Police to use DNA analysis and to identify these individuals to a criminal justice agency in certain cases.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
Special Provisions in Appendix.
See section 7 of Act 4 of 2022 in the appendix to this title for special provisions relating to Pennsylvania State Police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2311 - Powers and duties of State Police

§ 2311. Powers and duties of State Police.
In addition to any other powers and duties conferred by this chapter, the State Police shall:
(1) Be responsible for the policy management and administration of the State DNA identification record system to support law enforcement agencies and other criminal justice agencies.
(2) Promulgate, as necessary, rules, regulations and guidelines to carry out the provisions of this chapter.
(3) Provide for liaison with the FBI and other criminal justice agencies in regard to the Commonwealth's participation in CODIS or in any DNA data base designated by the State Police.
(Oct. 24, 2018, P.L.896, No. 147, eff. 360 days)
2018 Amendment.
Act 147 amended par. (2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2312 - State DNA Data Base

§ 2312. State DNA Data Base.
A Statewide DNA Data Base is reestablished within the State Police to store forensic DNA profiles and records developed by or submitted to the State Police under the former DNA Act, the former provisions of 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter, and to contribute forensic DNA profiles and records to CODIS, the National Missing and Unidentified Persons System and the national DNA identification index system. The State DNA Data Base shall have the capability provided by computer software and procedures administered by the State Police to store and maintain forensic DNA profiles and records related to:
(1) forensic casework;
(2) convicted or delinquency adjudicated offenders required to provide a DNA sample under this chapter;
(3) anonymous DNA records used for statistical research on the frequency of DNA genotypes, quality control or the development of new DNA identification methods; and
(4) missing persons and unidentified decedents.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days; Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
Special Provisions in Appendix.
See section 7 of Act 4 of 2022 in the appendix to this title for special provisions relating to Pennsylvania State Police.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2313 - State DNA Data Bank

§ 2313. State DNA Data Bank.
The State DNA Data Bank is reestablished. It shall serve as the repository of DNA samples collected under this chapter or under prior law.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2314 - State Police recommendation of additional offenses and annual report

§ 2314. State Police recommendation of additional offenses and annual report.
(a) Recommendation.--
The State Police may recommend to the General Assembly that it enact legislation for the inclusion of additional offenses for which DNA samples shall be taken and otherwise subjected to the provisions of this chapter. In determining whether to recommend additional offenses, the State Police shall consider those offenses for which DNA testing will have a substantial impact on the detection and identification of sex offenders and other offenders.
(b) Annual report.--
No later than August 1 of each year, the commissioner shall submit to the Governor's Office, the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives a written report containing information regarding the collection and testing of DNA samples under the provisions of this chapter. The report must include, but need not be limited to, the following information pertaining to the previous fiscal year:
(1) The age, race and sex of those convicted from whom DNA samples were submitted upon conviction.
(2) The fiscal impact on the State Police of collecting and testing DNA samples from persons convicted of or adjudicated delinquent for offenses.
(3) The average length of time between the receipt of DNA samples from those convicted of offenses and the completion of forensic DNA testing of each of those categories of DNA samples.
(4) Recommendations, if any, under this section for the inclusion of additional offenses for which DNA samples must be collected or recommendations for the removal of specific offenses from the categories requiring the collection of DNA samples from arrestees or persons convicted of crimes.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2315 - Procedural compatibility with FBI

§ 2315. Procedural compatibility with FBI.
The DNA identification system established by the State Police shall comply with the FBI Quality Assurance Standards for forensic DNA testing laboratories and DNA data basing laboratories and CODIS policies and procedures, including use of comparable test procedures, laboratory equipment, supplies and computer software.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2316.1 - Collection from persons accepted from other jurisdictions

§ 2316.1. Collection from persons accepted from other jurisdictions.
(a) Conditional acceptance.--
When a person is accepted into this Commonwealth for supervision from another jurisdiction under the Interstate Compact for Supervision of Adult Offenders, other reciprocal agreement with a Federal, state or county agency, or a provision of law, whether or not the person is confined or released, the acceptance shall be conditioned on the offender providing a DNA sample under this chapter and fingerprints if the offender has a past or present Federal, state or military court conviction or adjudication that is equivalent to a felony sex offense or other specified offense as determined by the Pennsylvania Board of Probation and Parole. Additional DNA samples may be collected but shall not be required if the supervising agency or place of confinement confirms that a DNA sample is currently on file with the State DNA Data Bank and a DNA record for the person exists in the State DNA Data Base.
(b) Time period.--
(1) If the person accepted under subsection (a) is not confined, the DNA sample and fingerprints required under this chapter shall be provided within five calendar days after the person reports to the supervising agent or within five calendar days of notice to the person, whichever occurs first. The person shall appear and the DNA sample shall be collected in accordance with the provisions of this chapter.
(2) If the person accepted under subsection (a) is confined, the person shall provide the DNA sample and fingerprints required by this chapter within five calendar days after the person is received at a place of incarceration or confinement.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2018 Amendment.
Act 147 added section 2316.1.
Cross References.
Section 2316.1 is referred to in section 2317 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2316.2 - Collection of DNA in investigations of high-risk missing persons and missing children

§ 2316.2. Collection of DNA in investigations of high-risk missing persons and missing children.
(a) Collection of DNA samples.--
In an investigation of a high-risk missing person or missing child, the law enforcement agency shall, within seven days of the receipt of a missing persons report or within seven days of the commencement of a missing persons investigation, whichever is earlier, collect a DNA sample from available personal articles belonging to the missing person or missing child for law enforcement identification purposes.
(b) Submission of DNA samples.--
Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with
any known personal identifying information that may assist efforts to identify the high-risk missing person or missing child.
(c) Definition.--
As used in this section, the term "child" means an individual under 18 years of age.
(Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment.
Act 4 added section 2316.2. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
Cross References.
Section 2316.2 is referred to in section 2319 of this title; section 2908 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2316.3 - Collection of DNA in investigations of missing persons

§ 2316.3. Collection of DNA in investigations of missing persons.
(a) Collection of DNA samples.--
In an investigation of a missing person, the law enforcement agency shall, within 30 days of the receipt of a missing persons report or within 30 days of the commencement of a missing persons investigation, whichever is earlier, collect a DNA sample from available personal articles belonging to the missing person for law enforcement identification purposes.
(b) Submission of DNA samples.--
Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with any known personal identifying information that may assist efforts to identify the missing person.
(Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment.
Act 4 added section 2316.3. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
Cross References.
Section 2316.3 is referred to in section 2319 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2316.4 - Collection of DNA in investigations of unidentified decedents

§ 2316.4. Collection of DNA in investigations of unidentified decedents.
(a) Collection of DNA samples.--
Within 24 hours of discovering an unidentified decedent, the investigating law enforcement agency or coroner shall collect DNA samples from the unidentified decedent for law enforcement identification purposes.
(b) Submission of DNA samples.--
Within 48 hours of the collection under subsection (a), the DNA sample shall be delivered by the law enforcement agency or coroner to the Pennsylvania State Police for submission to the National Missing and Unidentified Persons System as provided in section 2319 (relating to DNA data base exchange), along with any known personal identifying information that may assist efforts to identify the unidentified decedent.
(Feb. 3, 2022, P.L.16, No.4, eff. 60 days)
2022 Amendment.
Act 4 added section 2316.4. See section 7 of Act 4 in the appendix to this title for special provisions relating to Pennsylvania State Police.
Cross References.
Section 2316.4 is referred to in section 2319 of this title; section 2908 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2317 - Procedures for collection and transmission of DNA samples

§ 2317. Procedures for collection and transmission of DNA samples.
(a) Collection of DNA samples.--
(1) Each DNA sample required to be collected pursuant to sections 2316 (relating to DNA sample required upon conviction, delinquency adjudication and certain ARD cases) and 2316.1 (relating to collection from persons accepted from other jurisdictions) shall be collected as follows:
(i) DNA samples from persons who are incarcerated or confined shall be collected at the place of incarceration or confinement as provided in section 2316 or 2316.1.
(ii) DNA samples from persons who are not ordered to be or are not currently incarcerated or confined shall be collected as provided in section 2316 or 2316.1 or at a prison, jail unit, juvenile facility or other facility specified by the court or supervising agency.
(iii) For DNA blood samples, only those individuals qualified to draw DNA blood samples in a medically approved manner shall draw a DNA blood sample to be submitted for DNA analysis.
(iv) DNA samples and the set of fingerprints provided for in paragraph (2) shall be delivered to the State Police within 48 hours of collecting the sample.
(2) In addition to the DNA sample, a full set of fingerprints shall be taken from the person from whom the DNA sample is being collected for the exclusive purpose of verifying the identity of such person.
(b) Limitation on liability.--
Persons authorized to collect DNA samples under this section shall not be criminally liable for withdrawing a DNA sample and transmitting test results pursuant to this chapter if they perform these activities in good faith and shall not be civilly liable for such activities when the person acted in a reasonable manner according to generally accepted medical and other professional practices.
(c) Reasonable use of force.--
Duly authorized law enforcement and corrections personnel may employ reasonable force in cases where an individual refuses to submit to DNA testing authorized under this chapter, and no such employee shall be criminally or civilly liable for the use of reasonable force.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2018 Amendment.
Act 147 amended the section heading and subsecs. (a) and (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2318 - Procedures for conduct, disposition and use of DNA analysis

§ 2318. Procedures for conduct, disposition and use of DNA analysis.
(a) Procedures.--
(1) The State Police shall promulgate, as necessary, rules, regulations and guidelines to implement this chapter, including procedures to be used in the collection, submission, identification, analysis, storage and disposition of DNA samples and forensic DNA profiles and 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.
(2) The results of forensic DNA testing shall be securely stored in the State DNA Data Base, and records of testing shall be retained on file with the State Police consistent with the procedures established by the FBI Quality Assurance Standards for forensic DNA testing laboratories and DNA data basing laboratories and CODIS policies and procedures.
(3) These procedures shall also include quality assurance guidelines for samples and forensic DNA profiles and records from accredited forensic DNA laboratories which submit DNA records to the State DNA Data Base.
(4) The rules, regulations and guidelines shall address the following:
(i) Verification of accreditation.
(ii) Compliance with FBI Quality Assurance Standards, including continuing education requirements for the personnel of forensics DNA testing laboratories.
(b) Contracting.--
The State Police are authorized to contract with third parties for purposes of this chapter.
(c) Use of tests.--
(1) Except as otherwise provided in section 2319(c) (relating to DNA data base exchange), the tests to be performed on each DNA sample shall be used only for law enforcement identification purposes or to assist in the recovery or identification of human remains from disasters or for other humanitarian identification purposes, including identification of missing persons.
(2) A DNA sample or DNA record acquired under this chapter may not be used for human behavioral genetic research or for non-law enforcement or nonhumanitarian identification purposes.
(d) Restrictions and requirements on contracting party.--
Any other party contracting to carry out the functions of this chapter shall be subject to the same restrictions and requirements of this chapter, insofar as applicable, as the State Police as well as any additional restrictions imposed by the State Police.
(Oct. 24, 2018, P.L.896, No.147, eff. 360 days)
2018 Amendment.
Act 147 amended subsecs. (a) and (c).
Cross References.
Section 2318 is referred to in section 2319 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2319 - DNA data base exchange

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2320 - Cancellation of authority to access or exchange DNA records

§ 2320. Cancellation of authority to access or exchange DNA
records.
The State Police shall be authorized, for good cause shown, to revoke or suspend the right of a forensic DNA laboratory within this Commonwealth to access or exchange DNA identification records with criminal justice agencies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2322 - Mandatory cost

§ 2322. Mandatory cost.
Unless the court finds that undue hardship would result, a mandatory cost of $250, which shall be in addition to any other costs imposed pursuant to statutory authority, shall automatically be assessed on any person convicted, adjudicated delinquent or granted ARD for a felony sex offense or other specified offense, and all proceeds derived from this section shall be transmitted to the fund.
Cross References.
Section 2322 is referred to in section 2335 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2323 - Good faith

§ 2323. Good faith.
A DNA sample obtained in good faith under this subchapter shall be deemed to have been obtained in accordance with the requirements of this subchapter, and its use in accordance with this chapter is authorized until an expungement is obtained pursuant to section 2321 (relating to expungement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2331 - Prohibition on disclosure

§ 2331. Prohibition on disclosure.
(a) Disclosure.--
Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or in the State DNA Data Bank shall not disclose it in any manner to any person or agency not authorized to receive it knowing that such person or agency is not authorized to receive it.
(b) Obtaining information.--
No person shall obtain individually identifiable DNA information from the State DNA Data Base or the State DNA Data Bank without authorization to do so.
Cross References.
Section 2331 is referred to in sections 2332, 2333 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2332 - Criminal penalties

§ 2332. Criminal penalties.
(a) Disclosure.--
Any person who by virtue of employment or official position or any person contracting to carry out any functions under this chapter, including any officers, employees and agents of such contractor, who has possession of or access to individually identifiable DNA information contained in the State DNA Data Base or in the State DNA Data Bank and who for pecuniary gain for such person or for any other person discloses it in any manner to any person or agency not authorized to receive it commits a misdemeanor of the first degree.
(b) Obtaining information.--
Any person who knowingly violates section 2331(b) (relating to prohibition on disclosure) commits a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2333 - Civil actions

§ 2333. Civil actions.
(a) Injunctions.--
The State Police or any other aggrieved individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual from violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.
(b) Action for damages.--
(1) Any person aggrieved by a knowing violation of section 2331 (relating to prohibition on disclosure) shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.
(2) A person found by the court to have been aggrieved by a knowing violation of section 2331 shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of section 2331.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2334 - Confidentiality of records

§ 2334. Confidentiality of records.
All DNA profiles and samples submitted to the State Police pursuant to the former DNA Act, former 42 Pa.C.S. Ch. 47 (relating to DNA data and testing) or this chapter shall be treated as confidential except as otherwise provided in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 23 - DNA Data and Testing › Section 2335 - DNA Detection Fund

§ 2335. DNA Detection Fund.
The DNA Detection Fund is reestablished in the State Treasury as a restricted fund. All costs collected under section 2322 (relating to mandatory cost) shall be paid into the fund. All moneys in the fund and the interest accruing thereon are hereby appropriated to the Pennsylvania State Police on a continuing basis to carry out the provisions of this chapter upon authorization of the Governor for each fiscal year.
Cross References.
Section 2335 is referred to in section 2303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 53 - Recidivism Risk Reduction Incentive (Repealed) › Section 5301 - § 5312 - (Repealed)

2009 Repeal.
Chapter 53 (§§ 5301 - 5312) was added September 25, 2008, P.L.1026, No.81, and repealed Oct. 9, 2009, P.L.494, No.49, effective October 13, 2009.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 71 - Constables › Extra - Chapter Notes

Enactment.
Chapter 71 was added October 9, 2009, P.L.494, No.49, effective in 60 days.
Cross References.
Subchapter G is referred to in section 7149 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 71 - Constables › Section 7102 - Definitions

§ 7102. 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:
"Livestock."
Cattle, horses, sheep, goats and swine of every age and sex.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 71 - Constables › Section 7113 - Boroughs

§ 7113. Boroughs.
(a) General rule.
--Except as provided in subsection (b), the qualified voters of every borough shall vote for and elect a properly qualified person for constable.
(b) Boroughs divided into wards.
--The qualified voters of every borough divided into wards shall vote for and elect a properly qualified person for constable in each ward and a properly constable for high constable in the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 71 - Constables › Section 7114 - Townships

§ 7114. Townships.
(a) Election.
--The following shall apply:
(1) The qualified voters of every township shall vote for and elect a properly qualified person for constable.
(2) The qualified electors of each township of the first class may vote for and elect a properly qualified person to serve as constable, in addition to the constable elected under paragraph (1).
(b) Procedure upon election; penalty.
--Every person elected to the office of constable in a township shall appear in court on the first day of the next court of common pleas of the same county to accept or decline the office. A person who neglects or refuses to appear, after having been duly notified of the election, shall forfeit to the township the sum of $40 to be levied by order of the court.
(c) Bond.
--The bond given by a constable in a township shall be in a sum not less than $500 nor more than $3,000, as the court shall direct, and shall be taken by the clerk of the court in the name of the Commonwealth, with conditions for just and faithful discharge by the constable of the duties of office. The bond shall be held in trust for the use and benefit of persons who may sustain injury by reason of neglect of duty, and for the same purposes and uses as a sheriff's bond.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 44 - LAW AND JUSTICE › Chapter 71 - Constables › Section 7121 - Constables

§ 7121. Constables.
When a vacancy occurs in the office of constable, regardless of the reason for the vacancy, the court of common pleas of the county of the vacancy, upon petition of not less than ten qualified electors residing in the borough, city, ward or township of the vacancy, shall appoint a suitable person, who, upon being qualified as required by law, shall serve as the constable for the unexpired term of the vacancy.