Pennsylvania § 2318 Procedures for conduct, disposition and use of DNA analysis

Pennsylvania Statutes

§ 2318 — Procedures for conduct, disposition and use of DNA analysis

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

(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)

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(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.

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Legislative History

(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.