Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB841

Introduced
4/4/23  
Refer
4/4/23  
Refer
6/21/23  
Report Pass
6/29/23  
Refer
6/29/23  
Report Pass
7/6/23  
Engrossed
7/6/23  

Caption

In DNA data and testing, further providing for policy, for definitions, for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, for collection from persons accepted from other jurisdictions, for expungement and for mandatory cost.

Impact

The primary impact of HB841 is to ensure that a DNA sample is collected from convicted individuals upon their conviction, adjudication for delinquency, or acceptance into Accelerated Rehabilitative Disposition (ARD) programs, thereby standardizing procedures across the state. It addresses the conditions under which these samples can be collected, including circumstances involving individuals accepted from other jurisdictions for supervision. This reinforces the state's commitment to maintaining a robust database that can aid in criminal investigations and enhance public safety.

Summary

House Bill 841, introduced in the Pennsylvania General Assembly, aims to amend Title 44 of the Pennsylvania Consolidated Statutes concerning DNA data and testing. This bill specifically focuses on the collection of DNA samples from individuals convicted of felony sex offenses and other specified offenses, including certain misdemeanors. It also establishes protocols for the expungement of DNA records for juveniles once they reach the eligibility criteria for expungement.

Sentiment

The sentiment surrounding HB841 appears to be generally supportive, particularly from law enforcement and public safety advocates who believe that DNA collection from offenders enhances crime-solving capabilities and deters future offenses. However, concerns have been raised regarding the implications for individual privacy rights and the potential for unjust discrimination against specific groups during the collection process. The bill's provisions for automatic expungement of juvenile records also received a positive reception, as it aligns with rehabilitation efforts. Nonetheless, debates on the balance between public safety and personal privacy remain ongoing.

Contention

Notable points of contention regarding HB841 include concerns from civil liberties organizations and advocates for criminal justice reform who argue that mandatory DNA collection could violate privacy rights and lead to overreach in law enforcement practices. There are questions about the ethical implications of collecting genetic data without informed consent and the potential for misuse of such sensitive information. Additionally, discussions focused on ensuring that the costs associated with DNA collection and processing do not impose undue burdens on offenders, particularly those from lower-income backgrounds.

Companion Bills

No companion bills found.

Previously Filed As

PA HB742

In DNA data and testing, further providing for policy, for definitions, for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, for collection from persons accepted from other jurisdictions, for expungement and for mandatory cost.

PA SB988

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.

PA HB2030

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 and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, providing for request for modified DNA search and further providing for DNA data base exchange, for expungement and for mandatory cost; and making an editorial change.

PA HB1665

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 and for DNA sample required upon conviction, delinquency adjudication and certain ARD cases, providing for request for modified DNA search and further providing for DNA data base exchange, for expungement and for mandatory cost; and making an editorial change.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA SB170

In criminal history record information, further providing for juvenile records; and, in juvenile matters, further providing for powers and duties of probation officers, for informal adjustment, for consent decree, for adjudication, for disposition of delinquent child and for powers and duties.

PA HB1385

In juvenile matters, further providing for definitions and for disposition of delinquent child.

PA HB412

DNA samples; destroy upon request for expungement.

PA SB559

In firearms and other dangerous articles, further providing for definitions and for possession of firearm by minor; and making editorial changes.

PA SB672

In firearms and other dangerous articles, further providing for definitions and for possession of firearm by minor; and making editorial changes.

Similar Bills

No similar bills found.