Senate Bill 912 Printer's Number 1088

PENNSYLVANIA, July 31 - samples from arrestees or persons convicted of crimes.

§ 2316. DNA sample required [upon conviction, delinquency

adjudication and certain ARD cases].

(a) [General rule.--] Conviction or adjudication.--A person

who is convicted or adjudicated delinquent for criminal

homicide, a felony sex offense or other specified offense or who

is or remains incarcerated for a felony sex offense or other

specified offense on or after the effective date of this chapter

shall have a DNA sample collected as follows:

(1) A person who is sentenced or receives a delinquency

disposition to a term of confinement for an offense covered

by this subsection shall have a DNA sample collected upon

intake to a prison, jail or juvenile detention facility or

any other detention facility or institution. If the person is

already confined at the time of sentencing or adjudication,

the person shall have a DNA sample collected immediately

after the sentencing or adjudication. If a DNA sample is not

timely collected in accordance with this section, the DNA

sample may be collected any time thereafter by the prison,

jail, juvenile detention facility, detention facility or

institution.

(2) A person who is convicted or adjudicated delinquent

for an offense covered by this subsection shall have a DNA

sample collected as a condition for any sentence or

adjudication which disposition will not involve an intake

into a prison, jail, juvenile detention facility or any other

detention facility or institution.

(3) Under no circumstances shall a person who is

convicted or adjudicated delinquent for an offense covered by

this subsection be released in any manner after such

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