2317 - Procedures for withdrawal, collection and transmission of DNA samples. - Pennsylvania Statutes

§ 2317. Procedures for withdrawal, collection and transmission of DNA samples. (a) Drawing of DNA samples.-- (1) Each DNA sample required to be drawn pursuant to section 2316 (relating to DNA sample required upon conviction, delinquency adjudication and certain ARD cases) from persons who are incarcerated or confined shall be drawn at the place of incarceration or confinement as provided for in section 2316. DNA samples from persons who are not ordered or sentenced to a term of confinement shall be drawn at a prison, jail unit, juvenile facility or other facility to be specified by the court. Only those individuals qualified to draw DNA samples in a medically approved manner shall draw a DNA sample to be submitted for DNA analysis. Such sample and the set of fingerprints provided for in paragraph (2) shall be delivered to the State Police within 48 hours of drawing 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 drawn for the exclusive purpose of verifying the identity of such person. (b) Limitation on liability.--Persons authorized to draw 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.