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PA Bulletin, Doc. No. 01-1125

RULES AND REGULATIONS

Title 37--LAW

STATE POLICE

[37 PA. CODE CHS. 58 AND 59]

DNA Detection of Sexual and Violent Offenders Act

[31 Pa.B. 3312]

   The State Police, by this order, adopts Chapter 58 (relating to administrative regulation regarding the DNA Detection of Sexual and Violent Offenders Act), as derived specifically from the DNA Detection of Sexual and Violent Offenders Act (act) (35 P. S. §§ 7651.101--7651.1102), to read as set forth in Annex A.

A.  Effective Date

   The final-form regulations will be effective upon publication in the Pennsylvania Bulletin.

B.  Statutory Authority

   These final-form regulations are adopted under the authority of the act.

C.  Background and Purpose

   As provided, the act became effective November 28, 1996. The final-form regulations set forth the administration, policies and procedures designed to carry out the provisions of the act. In addition, the contents of Chapter 59 (relating to procedures for the receipt and processing of DNA samples for the State DNA database) have been incorporated into the final-form regulations, thus enabling the deletion of Chapter 59. These final-form regulations are necessary for the general administration of the act.

D.  Comments Received

   Notice of proposed rulemaking was published at 26 Pa.B. 5011 (October 19, 1996) with an invitation to submit written comments within 30 days of publication. The only comments received were those of the Independent Regulatory Review Commission (IRRC). The following is a summary of those comments and the State Police response:

   (1)  IRRC raised a concern that the contents of Chapter 59 contained policy and should be incorporated into the final-form regulations. The State Police agrees and has incorporated the provisions into the final-form regulations, thus enabling the deletion of Chapter 59.

   (2)  IRRC raised a concern as to the fiscal information provided by the State Police. The State Police agrees and has revised the Regulatory Analysis Form accordingly. Additionally, this Preamble also contains more detailed fiscal information.

   (3)  IRRC raised a concern as to the effective date of the act and whether the State Police and Department of Corrections (Department) are currently prepared to carry out its provisions. The effective date as set forth by the act is November 28, 1996. The State Police and criminal justice agencies to which this act applies are already complying with all provisions of the act. These final-form regulations codify that which is already being done. A separate laboratory has been set up in the annex of the existing State Police laboratory facility in Greensburg to comply with the provisions of the act. Personnel and resources have also been shifted to ensure full compliance.

   (4)  IRRC raised concerns it received from Senator Harold F. Mowery, Jr., former Chairperson of the Senate Law and Justice Committee, in which provisions in the act outlining the DNA Detection Fund were not mentioned in the proposed regulations. The State Police and IRRC respectfully disagree in that the act clearly states how the DNA Detection Fund is to work. As is mentioned later in this Preamble and in the Regulatory Analysis Form, the State Police expects to collect little more than 1% of this fee which is ultimately court imposed and court collected, and thus beyond the immediate control of the State Police.

   Senator Mowery also recommended that the final-form regulations make mention of confidentiality as it is reflected in the act. The State Police agrees and has incorporated a section dealing with this issue.

   (5)  IRRC raised concerns regarding a perceived lack of specificity of DNA handling and custody procedures. The State Police disagree because how blood samples will be delivered and what conditions will be imposed, as well as chain of custody, are addressed in the final-form regulations. Kits will be provided to the correctional facilities by the State Police and will include a mailing carton. In addition, various forms are required to be completed for among other reasons the purpose of establishing chain of custody. The kit contains a security seal which further ensures evidentiary integrity.

   Since there is agreement between the State Police and IRRC that this field is still evolving and is therefore likely to change. The State Police does not wish to establish specific procedures in the final-form regulations. The final-form regulations, and any policies and procedures contained therein, are in compliance with Federal Bureau of Investigation Combined DNA Index System (FBI CODIS) standards and must remain so at all times.

   (6)  IRRC raised concerns regarding access to data and information. IRRC suggested language to be added to the final-form regulations, to which the State Police agreed and incorporated.

   (7)  IRRC raised concerns regarding several sections of the act not being addressed. The State Police agrees and has added various sections to the final-form regulations concerning limitation on liability, reasonable use of force, confidentiality of records, criminal penalties and civil actions.

   (8)  IRRC raised concerns regarding the use of various terms in the regulations which it believed to be vague or inconsistent. The State Police agrees and has incorporated the various changes in the final-form regulations suggested by IRRC or clarified their misinterpretation.

   (9)  In discussions, IRRC questioned the need for § 58.2 (relating to authority of law enforcement officers). The State Police believes it is important for this section to remain in the final-form regulations for a number of reasons, the most important of which is that the final-form regulations be interpreted to have sufficient flexibility and severability. The State Police does not want the possibility to exist wherein if the final-form regulations are deemed to be more strict than the act, current law or rules of evidence, that they will supersede the standards.

   (10)  IRRC recommended that the definition for DNA sample be consistent with the definition contained in the act. IRRC also recommended a definition be added for the acronym SID, State Identification Number. The State Police agrees and has incorporated both recommendations into the final-form regulations.

E.  Compliance with Executive Order 1996-1

   In accordance with Executive Order 1996-1, in drafting and promulgating the final-form regulations, the State Police solicited input and suggestions from the regulated community. These final-form regulations address a compelling public interest as described in this Preamble and otherwise comply with Executive Order 1996-1.

F.  Benefits

   The benefits include the identification of repeat offenders by identification of their forensic DNA profile obtained from evidentiary material, the linking of serial offenders within this Commonwealth and across the country, the solving of cases of unidentified perpetrators in sexual assaults and homicides and the identification of missing persons and victims of mass disasters. These DNA profiles are from regions of the DNA that do not identify physical, sociological or psychological characteristics.

G.  Effect

   The final-form regulations will affect various criminal justice agencies. The effective date of the act was November 28, 1996. Training for the various criminal justice agencies concerning the requirements of the act and these final-form regulations are ongoing and continuous. The State Police regularly conducts training and informational forums for various agencies and groups. The full resources of the State Police are available at all times to any agency at any level.

H.  Paperwork Requirements and Fiscal Impact

   The final-form regulations will require the completion of additional forms, reports, kits and other paperwork as prescribed and provided by the State Police.

   As policies are developed, the only costs incurred revolve around the drawing of the blood. The Department, wardens and juvenile facilities have been informed to make sure this is added to nursing contracts.

   This is difficult to quantify since it will be correctional facilities who will be tasked with the drawing of the DNA samples, their packaging and subsequent mailing to the State Police. There will be man-hour costs attached to all levels of compliance which are unavoidable. In the long-term, cost savings to local governments may come from the fact that repeat offenders will have been identified and incarcerated. One cannot overlook the intangible savings to all communities by not having repeat offenders in communities.

   Currently, there are approximately 14,000 incarcerated individuals to whom this act applies. Approximately 10,000 samples are expected to be received by the DNA Database Laboratory in the first year. Approximately 7,000 samples are expected the second year and approximately 3,000 samples are expected each year thereafter.

   The State Police expect supply costs to be approximately $300,000 a year. Each DNA Database Kit, which the State Police will provide to all appropriate agencies and facilities, will cost at least $2.40 each. Postage, which the State Police will also provide, will be at least $1.05 for each DNA Database Kit and 60¢ for each fingerprint card.

   The act provides for a DNA Detection Fund to be established; however, it is not expected to generate significant revenue for the operation of the DNA Database Laboratory. A recovery rate of this court imposed fee of $250 is expected to be a little more than 1%.

I.  Input

   These final-form regulations have been promulgated in consultation with the Department, Board of Probation and Parole and various other criminal justice agencies, and are in accordance with the FBI CODIS standards and procedures.

J.  Review

   Due to the sensitivity and emotion that crimes like these evoke in people and communities, every facet of the final-form regulations, and the program in general, will be continuously reviewed for effectiveness, clarity and whether they are serving the greater interests of the citizens of this Commonwealth. The State Police is committed to its success and has taken a proactive approach to soliciting comments from the regulated community and the public. This will be furthered by regularly scheduled training and regional meetings to which various elements of the criminal justice community and various private entities are invited.

K.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 2, 1998, the State Police submitted a copy of the notice of proposed rulemaking, published at 26 Pa.B. 5011, to IRRC and the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee for review and comment.

   In compliance with section 5(c) of the Regulatory Review Act, the State Police also provided IRRC and the Committees with copies of the comments received. A copy of the material is also available to the public upon request. In preparing these final-form regulations, the State Police considered the comments received from IRRC.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on November 22, 1998, these final-form regulations were deemed approved by the House and the Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 10, 1998, and approved these final-form regulations.

L.  Contact Person

   The contact person is Ronald E. Plesco, Jr., Esq., Policy Analyst, State Police, Legislative Affairs Office, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905.

M.  Findings

   The State Police finds that:

   (1)  Public notice of intention to amend these final-form regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of final-form regulations of the State Police in the manner provided in this order is necessary and appropriate. A public comment period was provided as required by law and that the comments received were considered.

   (3)  The modifications that were made to these final- form regulations in response to comments received do not enlarge the purpose or scope of the proposed regulations published at 26 Pa.B. 5011.

   (4)  The adoption of the final-form regulations in the manner provided is necessary and appropriate for the administration of the authorizing statute.

N.  Order

   The State Police, acting under the authorizing statutes, orders that:

   (a)  The regulations of the State Police, 37 Pa. Code, are amended by adding §§ 58.1--58.5, 58.21--58.25 and 58.31 and by deleting §§ 59.1--59.3, 59.11, 59.12 and 59.21 to read as set forth in Annex A.

   (b)  The Commissioner of the State Police shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.

   (c)  The Commissioner of the State Police shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

COLONEL PAUL J. EVANKO,   
Commissioner

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 6359 (December 26, 1998).)

   Fiscal Note:  17-59. (1) General Fund; (2) Implementing Year 2000-01 is $2,231,000; (3) 1st Succeeding Year 2001-02 is $1,635,000; 2nd Succeeding Year 2002-03 is $1,632,000; 3rd Succeeding Year 2003-04 is $1,632,000; 4th Succeeding Year 2004-05 is $1,632,000; 5th Succeeding Year 2005-06 is $1,632,000; (4) FY 1997-98 Program--$745,000; FY 1996-97 Program--$1,302,000; FY 1995-96--not applicable; (7) Pennsylvania State Police, General Government Operations; (8) recommends adoption. The costs previously noted reflect personnel and operating costs only and have been included in the State Police's 2000-01 budget. Federal grant funds in the amount of $630,000 are available in 2000-01 to offset operating costs. Capital budget costs for fiscal year 1996-97 in the amount of $878,000 are not reflected in the previous numbers.

Annex A

TITLE 37.  LAW

PART I.  STATE POLICE

Subpart I.  DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS

CHAPTER 58.  DNA DETECTION OF SEXUAL AND VIOLENT OFFENDERS ACT

GENERAL STATEMENTS AND DEFINITIONS

Sec.

58.1.Definitions.
58.2.Authority of law enforcement officers.
58.3.Limitation on liability.
58.4.Reasonable use of force.
58.5.Confidentiality of records.

GENERAL PROVISIONS

Sec.

58.21.Procedures for regulating the collection, receipt and processing of DNA samples in the DNA database laboratory.
58.22.Access to data and information.
58.23.Prohibition on disclosure.
58.24.Criminal penalties.
58.25.Civil actions.

FORMS

Sec.

58.31.Forms.

GENERAL STATEMENTS AND DEFINITIONS

§ 58.1.  Definitions.

   The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

   Act--The DNA Detection of Sexual and Violent Offenders Act (35 P. S. §§ 7651.101--7651.1102).

   CODIS--Combined DNA Index System--The FBI's National DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories under the DNA Identification Act of 1994 (Pub. L. 103-322, Title XXI, 6210301, September 13, 1994, 108 Stat. 2069).

   Commissioner--The Commissioner of the State Police.

   Criminal justice agency--A criminal justice agency as defined in 18 Pa.C.S. § 9102 (relating to definitions).

   DNA--Deoxyribonucleic acid--DNA is located in the cells and provides an individual's personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.

   DNA Databank--The repository of DNA samples obtained from offenders covered by the act.

   DNA Database--The CODIS computerized collection of DNA profiles obtained from DNA samples.

   Database lab--The laboratory which processes DNA samples to obtain a DNA profile on each sample.

   DNA record--DNA identification information stored in the SDIS or CODIS--The DNA record is the result obtained from the DNA typing tests. The DNA record is comprised of the characteristics of a DNA sample which are of value in establishing the identity of individuals. The results of all DNA identification tests on an individual's DNA sample are also collectively referred to as the DNA profile of an individual.

   DNA sample--A blood or tissue sample provided by any person with respect to offenses covered by the act or submitted to the State Police Laboratory under the act for analysis or storage, or both.

   DOC--The Department of Corrections.

   EDTA--Ethylene diamine tetracetic acid. An anticoagulant/preservative chemical used to prevent clotting and to preserve blood samples contained in blood collection tubes.

   FBI--Federal Bureau of Investigation.

   Felony sex offense--A felony offense, or an attempt, conspiracy or solicitation to commit a felony offense, under one or more of the following:

   (i)  18 Pa.C.S. Chapter 31 (relating to sexual offenses).

   (ii)  18 Pa.C.S. § 6312 (relating to sexual abuse of children).

   Juvenile detention facility--A resident facility or shelter care program approved by the Department of Public Welfare for the treatment of adjudicated juveniles under 42 Pa.C.S. § 6327 (relating to place of detention).

   Juvenile facility--A facility licensed or approved to receive an adjudicated delinquent for disposition under 42 Pa.C.S. Chapter 63 (relating to juvenile matters).

   LDIS--Local DNA Identification System--A system consisting of DNA profiles generated at a local law enforcement laboratory.

   NDIS--National DNA Identification System--A system operated by the FBI that is comprised of DNA profiles received from the various SDIS.

   Other specified offenses--An offense, or an attempt, conspiracy or solicitation to commit an offense, under one or more of the following:

   (i)  18 Pa.C.S. § 2502 (relating to murder).

   (ii)  18 Pa.C.S. § 2709(c)(2)(ii) (relating to harassment and stalking).

   (iii)  18 Pa.C.S. § 3126 (relating to indecent assault).

   Released--Probation, parole, furlough, work release, prerelease or release in any other manner from a prison, jail, juvenile detention facility or any other place of confinement.

   SDIS--State DNA Identification System--An individual state DNA profile system comprised of the DNA profiles of convicted offenders and those indices described in NDIS.

   SID--State Identification Number--A unique number assigned to each individual whose fingerprints are placed into the Central Repository of the State Police. The SID is used to track individuals for crimes which they commit, no matter how many subsequent fingerprint cards are submitted.

§ 58.2.  Authority of law enforcement officers.

   The General Assembly has declared that nothing contained in the act shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store and utilize DNA samples for law enforcement purposes. See section 506 of the act (35 P. S. § 7651.506). Failure to comply with this subchapter does not form the basis for suppression of otherwise admissible evidence.

§ 58.3.  Limitation on liability.

   Persons authorized to draw DNA samples will not be criminally or civilly liable if they perform these functions in good faith and in accordance with accepted medical practice.

§ 58.4.  Reasonable use of force.

   Authorized law enforcement and corrections personnel and employees may employ reasonable force when an individual refuses to submit to DNA testing. The personnel and employees will not be criminally or civilly liable for the use of reasonable force. Authorized law enforcement and corrections personnel and employees include contractors and other agents whose duties encompass implementation of the act.

§ 58.5.  Confidentiality of records.

   DNA profiles and samples submitted to the State Police pursuant to the act shall be treated as confidential. Violations or suspected violations of confidentiality of DNA Database information, as described in section 501 of the act (35 P. S. § 7651.501), shall be reported to the Director of the Laboratory Division. Criminal and civil penalties are described in sections 502 and 503 of the act (35 P. S. § 7651.502 and 7651.503).

GENERAL PROVISIONS

§ 58.21.  Procedures for regulating the collection, receipt and processing of DNA samples in the DNA database laboratory.

   (a)  The responsibility to ensure collection of DNA samples for the DNA Databank is as follows:

   (1)  DOC will have the responsibility when the offender is sentenced to incarceration within a State correctional facility.

   (2)  The director of the youth development center or juvenile detention facility will have the responsibility when the offender is sentenced to detainment within a State juvenile correctional facility.

   (3)  The warden or other official in charge of a county or local correctional facility or the administrator of a county juvenile detention center or other juvenile facility will have the responsibility when the offender is sentenced to incarceration within such correctional facilities.

   (4)  Individuals given a disposition, other than incarceration, will be the responsibility of the chief county adult or juvenile probation/parole officer. The chief county adult or juvenile probation/parole officer shall also be responsible for transportation of the individual to the prison, jail, juvenile detention facility, or another detention facility or institution. The DNA sample is to be drawn at a prison, jail unit, juvenile facility or other facility designated by the court before release.

   (b)  DNA samples shall be drawn by persons authorized to do so under Pennsylvania law.

   (c)  For individuals convicted or adjudicated delinquent prior to November 28, 1996, DNA samples shall be drawn prior to release. Collection of DNA samples shall be prioritized by release/parole date. These DNA samples are to be collected after scheduling a compatible time for receipt by the DNA Database Laboratory.

   (d)  For individuals convicted or adjudicated delinquent after November 28, 1996, DNA samples shall be drawn at time of intake. To prevent duplication of draw and to ensure a DNA sample is collected, a DNA Sample Tracking Sheet shall accompany the inmate and be placed into the inmate's file.

   (e)  Prior to collecting the DNA sample, the responsible persons designated under subsection (a) shall determine that the offender is subject to section 306 of the act (35 P. S. § 7651.306). The SID Number associated with an inmate's commitment and sentencing documentation will be used as a tracking number for this purpose. A copy of the DNA Sample Tracking Sheet will be retained by the facility responsible for collecting the DNA sample. A copy of the DNA Sample Tracking Sheet shall be transmitted to the Board of Probation and Parole at the time a recommendation is made for release consideration. A copy of the DNA Sample Tracking Sheet shall also be retained by the Board of Probation and Parole.

   (f)  DNA samples shall be collected using State Police provided DNA Database Kits. DNA samples will consist of an EDTA tube of blood unless a special written request to the DNA Database Laboratory is made for permission to submit a different tissue sample. Requests shall be in writing, specify good cause, and be subject to verification and approval by the DNA Database Laboratory prior to transmittal of the sample.

   (g)  The associated forms for the DNA Database Kit shall be completed in full prior to submission. The imprinting of the offender's left and right thumbs, by means of an inked impression in the spaces indicated on the DNA Database Collection Card, shall also be completed. Additionally, a Pennsylvania State Police Arrest and Institution Fingerprint card shall be completed.

   (h)  The completed kit, DNA Database Collection Card and the Pennsylvania State Police Arrest and Institution Fingerprint Card shall be delivered to the State Police DNA Database Laboratory within 48 hours of collecting the DNA sample.

   (i)  Receipt of DNA samples in the DNA Databank will apply with the following.

   (1)  DNA samples received in person, by mail, by parcel post or by a bonded courier service will be accompanied by a DNA Database Sample Inventory and Receipt Form. When received in person, the DNA Database Laboratory will verify that the DNA samples delivered are the same DNA samples as listed on the DNA Database Sample Inventory and Receipt Form. The DNA Database Laboratory will sign and date the chain of custody portion of the form, indicate the manner of receipt and ensure that the correctional officer or courier signs in the appropriate space. The original of this form will be maintained in the DNA Database Laboratory and a copy will be given to the correctional officer or courier as a delivery receipt. A copy of the form will also be mailed to the submitting agency. After inventory of the DNA samples, each DNA sample will receive a unique DNA bar code number. The number will then be entered into a Sample Tracking System.

   (2)  Associated paperwork with the DNA Database Kit will receive the same bar code number and be placed into the DNA Sample File that is generated at this time.

   (3)  The DNA Sample File will not contain any sizing information or DNA typing data.

   (4)  Upon receipt and after assignment of a unique bar code number, the DNA Database Laboratory will break the seal and closely examine each individual DNA sample.

   (5)  The DNA sample and kit are further processed, and the kit is securely stored.

   (6)  The DNA Database Laboratory will ensure that the submitting agency is contacted and notified if a DNA sample must be redrawn. The DNA Database Laboratory will also track the DNA sample to ensure it is redrawn as requested.

   (7)  A DNA Sample Destruction Form will be completed if the DNA Database Laboratory determines that a DNA sample has been received from an individual not covered by the act, and the DNA sample destroyed.

   (8)  DNA samples in the DNA Databank will be retained in accordance with CODIS standards.

   (9)  Lab files will not contain offender names. The only identifier will be the unique bar code number.

§ 58.22.  Access to data and information.

   General operating procedures are as follows:

   (1)  Access to information in the DNA Database and DNA Databank (including personal identifying information) shall be made available under one of the following:

   (i)  To criminal justice agencies or approved crime laboratories which serve these agencies.

   (ii)  Upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.

   (2)  The identity of any person or agency making a request for information shall be verified prior to the release of any information. Requests made through CODIS will be deemed to have met this requirement. Verification shall be made by means of a return phone call to the requestor's supervisor to establish authority to receive the information and the purpose for the request.

   (3)  Requests for information will only be accepted, after verification, from criminal justice agencies, or approved governmental forensic science laboratories, and only upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.

   (4)  A request may be made by personal contact, mail or electronic means. A Request for Database Search Form shall be completed.

   (5)  The name of the requestor and the purpose for which the information is requested shall be maintained on file in the DNA Database Laboratory.

   (6)  Only when a DNA profile or sample supplied by the requestor satisfactorily matches a profile in CODIS will the existence of the data be confirmed, or identifying information be disseminated.

   (7)  The following will be denied:

   (i)  Requests that do not meet the criteria of paragraphs (1)--(6).

   (ii)  Requests from private forensic laboratories.

§ 58.23.  Prohibition on disclosure.

   Violations or suspected violations of disclosure of DNA Database information shall be reported to the Director of the Laboratory Division. Violations are as follows:

   (1)  Disclosure. A person who by virtue of employment or official position or any person contracting to carry out any functions under the act, including any officers, employees and agents of the contractor, who has possession of or access to individually identifiable DNA information contained in SDIS or in the State DNA Databank may not disclose it in any manner to any person or agency not authorized to receive it knowing that that person or agency is not authorized to receive it.

   (2)  Obtaining Information. A person may not obtain individually identifiable DNA information from SDIS or the State DNA Databank without authorization to do so.

§ 58.24.  Criminal penalties.

   (a)  Disclosure. A person who by virtue of employment or official position or any person contracting to carry out any functions under the act, including any officers, employees and agents of the contractor, who has possession of or access to individually identifiable DNA information contained in SDIS or in the State DNA Databank and who for pecuniary gain for the person or for any other person discloses it in any manner to any person or agency not authorized to receive it commits a misdemeanor of the first degree.

   (b)  Obtaining information. A person who violates section 501(b) of the act (35 P. S. § 7651.501(b)) commits a misdemeanor of the first degree.

§ 58.25.  Civil actions.

   (a)  Injunctions. The State Police or any other aggrieved individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual from violating the provisions of the act.

   (b)  Action for damages.

   (1)  A person aggrieved by a knowing violation of section 501 of the act (35 P. S. § 7651.501) shall have the substantive right to bring an action for damages by reason of the violation in a court of competent jurisdiction.

   (2)  A person found by the court to have been aggrieved by a knowing violation of section 501 of the act shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of section 501 of the act.

FORMS

§ 58.31.  Forms.

   The reporting forms and documents referred to in this chapter are supplied by the State Police.

CHAPTER 59.  (Reserved)

§§ 59.1--59.3.  (Reserved).

§ 59.11.  (Reserved).

§ 59.12.  (Reserved).

§ 59.21.  (Reserved).

[Pa.B. Doc. No. 01-1125. Filed for public inspection June 22, 2001, 9:00 a.m.]



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