BILL NUMBER: AB 2114	CHAPTERED  07/09/02

	CHAPTER  125
	FILED WITH SECRETARY OF STATE  JULY 9, 2002
	APPROVED BY GOVERNOR  JULY 9, 2002
	PASSED THE ASSEMBLY  JUNE 24, 2002
	PASSED THE SENATE  JUNE 20, 2002
	AMENDED IN SENATE  JUNE 5, 2002
	AMENDED IN ASSEMBLY  APRIL 30, 2002

INTRODUCED BY   Assembly Members La Suer and Robert Pacheco
   (Coauthors:  Assembly Members Aanestad, Bates, Bogh, Briggs, Bill
Campbell, Cogdill, Cox, Daucher, Harman, Hollingsworth, Kelley,
Leach, Leonard, Leslie, Maddox, Maldonado, Mountjoy, Rod Pacheco,
Pescetti, Runner, Wyland, Wyman, and Zettel)
   (Coauthor:  Senator Ackerman)

                        FEBRUARY 19, 2002

   An act to add Section 11010 to the Penal Code, relating to crimes,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2114, La Suer.  Department of Justice:  evidence.
   Under existing law, state and local agencies contract with various
laboratories to assist in the apprehension or prosecution of
criminals.
   This bill would require the Department of Justice to adopt
standards and guidelines regarding the handling of potential evidence
arising out of the testing of substances that are suspected to be
related to activities of terrorists, to be used by laboratories
operated by or contracting with the Department of Justice, any state
agency, or any local agency, and by any other laboratory in the state
the department determines may test any material that may become
evidence in a criminal prosecution for any crime committed in the
commission of terrorist activities.  This bill would declare that its
provisions shall be accomplished to the extent that funds are
available.
   The bill would declare that it shall take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11010 is added to the Penal Code, to read:
   11010.  (a) The Department of Justice shall adopt standards and
guidelines regarding the handling of potential evidence arising out
of the testing of substances that are suspected to be related to
activities of terrorists, to be used by laboratories operated by or
contracting with the Department of Justice, any state agency, or any
local agency, and by any other laboratory in the state the department
determines may test any material that may become evidence in a
criminal prosecution for any crime committed in the commission of
terrorist activities.
   (b) The standards and guidelines adopted pursuant to this section
shall include information on issues that may arise in the chain of
custody and the employment of controls that are suitable for
preserving evidence for use in the prosecution of a crime.
   (c) In developing the standards for adoption pursuant to this
section, the Department of Justice shall consult with appropriate
laboratories of public agencies used by law enforcement agencies, law
enforcement agencies, and the State Department of Health Services.
   (d) The Department of Justice shall make the guidelines and
standards adopted pursuant to this section available to the
appropriate laboratories specified in subdivision (a).
   (e) The provisions of this section shall be accomplished to the
extent that funds are available.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make timely preparations for the collection and use of
evidence in the prosecution of terrorist activities, it is necessary
that this act take effect immediately.