Bill Text: PA HB1995 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for preservation of biological evidence, for violations, for standards and training programs and for tracking system.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2009-09-22 - Referred to JUDICIARY [HB1995 Detail]

Download: Pennsylvania-2009-HB1995-Introduced.html

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PRINTER'S NO. 2695
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1995 Session of2009
INTRODUCED BY MATZIE, D. COSTA, BELFANTI, KORTZ, SIPTROTH AND WAGNER, SEPTEMBER 22, 2009
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 22, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for preservation of
biological evidence, for violations, for standards and
training programs and for tracking system.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 95
CRIME LABS
§ 9501. 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:
"Biological evidence." Evidence collected in connection with
a criminal investigation which may contain biological material
from a victim or a suspect in an offense that was the subject of
a criminal investigation, or may reasonably be used to
incriminate or exculpate a person for the offense.
"Custody." Actual or constructive control of:
(1) a person under sentence of imprisonment;
(2) a probationer, parolee or person on extended
supervision of the Department of Corrections; or
(3) a person under a dispositional order, in
institutional care, on conditional release or on supervised
release under a commitment order.
"DNA." Deoxyribonucleic acid.
"Inmate." A person convicted, on probation or parole,
civilly committed or subject to registration as a sex offender
in connection with a case.
"Profile." A unique identifier of an individual derived from
DNA.
"State." A governmental or public entity within the
Commonwealth, its officials or employees, including, but not
limited to:
(1) Law enforcement agencies.
(2) Prosecutor's offices.
(3) Courts.
(4) Public hospitals.
(5) Crime laboratories.
(6) Other entities or individuals charged with the
collection, storage or retrieval of biological evidence.
§ 9502. Preservation of biological evidence.
(a) Duty.--The State shall preserve biological evidence
secured in relation to an investigation or prosecution of a
felony for the period of time an inmate remains under State
jurisdiction. This includes evidence:
(1) In possession of the State during the investigation
and prosecution of the case.
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(2) Likely to contain biological material at the time of
conviction.
(b) Prohibition.--The State shall not destroy biological
evidence so long as a codefendant is an inmate in connection
with the case.
(c) Retention of evidence.--The State shall retain evidence
in an amount and manner sufficient to develop a DNA profile from
the biological material contained in, or included on, the
evidence.
(d) Inventory.--The State shall prepare an inventory of the
biological evidence that has been preserved in connection with
the case.
(e) Destruction of evidence.--The State may destroy evidence
before the expiration of the time specified in subsection (a) if
all of the following apply:
(1) No other provision of Federal or State law requires
the State to preserve the evidence.
(2) The State sends a notice of an intent to destroy,
with an affidavit of service, to:
(i) The inmate.
(ii) The attorney of record for each inmate.
(iii) The public defender.
(iv) The district attorney.
(v) The Attorney General.
(3) No person notified under paragraph (2) does either
of the following within 180 days of the date of service:
(i) files a motion for testing of the evidence under
42 Pa.C.S. § 9543.1 (relating to postconviction DNA
testing); or
(ii) submits a written request for retention of
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evidence to the State.
(f) Duty to retain evidence.--If, after providing a notice
of intent to destroy under subsection (e)(2), the State receives
a written request for retention of the evidence, the State shall
retain the evidence until the inmate is no longer in custody.
(g) Evidence to be returned to its owner.--The State shall
not be required to preserve evidence that must be returned to
its rightful owner, or is of such size, bulk or physical
character as to render retention impracticable, if practical.
The State shall remove and preserve portions of this material
evidence sufficient to permit future DNA testing before
returning or disposing of it.
(h) Missing biological evidence.--Should the State be called
upon to produce biological evidence that could not be located,
and whose preservation was required under the provisions of this
chapter, the chief evidence custodian assigned to the entity
charged with the preservation of the evidence shall provide an
affidavit in which the chief evidence custodian stipulates,
under penalty of perjury, the efforts taken to locate the
evidence and that the evidence could not be located.
§ 9503. Violations.
The court may impose appropriate sanctions or remedies, such
as contempt, granting a new trial, dismissal of charges,
sentence reduction or sentence modification if the court
determines that evidence was destroyed in violation of the
provisions of this chapter.
§ 9504. Standards and training programs.
(a) Standards.--The State shall devise standards for the
proper collection and retention of biological evidence.
(b) Training programs.--The Attorney General shall
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administer and conduct training programs for law enforcement
officers and other relevant employees who are charged with
preserving biological evidence regarding the methods and
procedures referenced in this chapter.
§ 9505. Tracking system.
(a) Duty to develop.--The State shall develop a centralized
tracking system for biological evidence in its control.
(b) Functioning.--The system shall allow evidence connected
to either open cases or postconviction DNA testing cases to be
located expeditiously.
Section 2. This act shall take effect in 60 days.
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