Pennsylvania § 2317 Procedures for collection and transmission of DNA samples

Pennsylvania Statutes

§ 2317 — Procedures for collection and transmission of DNA samples

Pennsylvania·Title 44 LAW AND JUSTICE·Part PART II·Ch. 23 DNA DATA AND TESTING·Subch. GENERAL PROVISIONS

(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 individ

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(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.

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