316 DNA samples from persons who are not ordered or sentenced to a term of confinement pursuant to Act 185; trial division administrative order no. 2005-01

Title 249--PHILADELPHIA RULES

PHILADELPHIA COUNTY

DNA Samples From Persons Who Are Not Ordered or Sentenced to a Term of Confinement Pursuant to Act 185; Trial Division Administrative Order No. 2005-01

[35 Pa.B. 1334]

Order

   And Now, this 31st day of January, 2005, upon consideration of Act No. 185 of 2004 (44 Pa.C.S. § 2301 et seq.) which provides, in part, that ''DNA samples from persons who were not ordered or sentenced to a term of confinement shall be drawn at a prison, jail unit, juvenile facility or other facility specified by the Court,'' 44 Pa.C.S. § 2317, it is hereby Ordered, Adjudged and Decreed that as to defendants tried and sentenced in the Trial Division:

   (1)  DNA samples pursuant to Act 185 shall be drawn at the DNA collection facility in Room B-04, Criminal Justice Center, 1301 Filbert Street, Philadelphia, PA; and, if this facility is unavailable, at the Philadelphia Prison System complex, Philadelphia, PA; and

   (2)  As required by Section 2317, only those individuals qualified to draw DNA samples in a medically approved manner shall draw DNA samples pursuant to Act 185.

   This Administrative Order is promulgated in accordance with the April 11, 1986, Order of the Supreme Court of Pennsylvania, Eastern District, No. 55 Judicial Administration, Docket No. 1, Pa.R.Crim.P. 105 and 42 Pa.C.S. § 2317, and shall become effective on February 7, 2005. As required by Pa.R.Crim.P. 105, the original Administrative Order shall be filed with the Prothonotary in a docket maintained for Administrative Orders issued by the Administrative Judge of the Trial Division, and copies shall be submitted to the Clerk of Quarter Sessions, Administrative Office of Pennsylvania Courts, the Legislative Reference Bureau and the Supreme Court Criminal Procedural Rules Committee. Copies of the Regulation shall also be submitted to American Lawyer Media, The Legal Intelligencer, Jenkins Memorial Law Library and the Law Library for the First Judicial District of Pennsylvania, and posted on the website of the First Judicial District: http://courts.phila.gov.

By the Court

JAMES J. FITZGERALD, III,   
Administrative Judge, Trial Division

[Pa.B. Doc. No. 05-316. Filed for public inspection February 18, 2005, 9:00 a.m.]