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37 Pa. Code § 58.1. Definitions.

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.



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