BILL NUMBER: SB 1490 CHAPTERED 09/26/02 CHAPTER 916 FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2002 APPROVED BY GOVERNOR SEPTEMBER 25, 2002 PASSED THE SENATE AUGUST 21, 2002 PASSED THE ASSEMBLY AUGUST 19, 2002 AMENDED IN ASSEMBLY JUNE 27, 2002 AMENDED IN ASSEMBLY JUNE 19, 2002 AMENDED IN SENATE APRIL 17, 2002 INTRODUCED BY Senator Perata FEBRUARY 19, 2002 An act to amend Sections 295 and 11106 of the Penal Code, relating to the Department of Justice. LEGISLATIVE COUNSEL'S DIGEST SB 1490, Perata. Department of Justice: records. Existing law requires, among other duties, that the Department of Justice, through its DNA Laboratory, administer and manage the state' s DNA database and databank identification program. This bill would provide that the Department of Justice's DNA Laboratory would be known as the Jan Bashinski DNA Laboratory. Existing law requires the Attorney General to maintain a registry of specified information concerning pistols, revolvers, and other firearms capable of being concealed upon the person, and to include in the registry specified data provided to the Department of Justice on the Dealer's Record of Sale. Existing law also permits specified state and local officers and officials to obtain information contained in the registry. This bill would add city attorneys who are prosecuting a civil action, solely for use in prosecuting that action, to the list of officials who may obtain the registry information. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 295 of the Penal Code is amended to read: 295. (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Data Base and Data Bank Act of 1998. (b) The Legislature finds and declares all of the following: (1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a useful law enforcement tool for identifying and prosecuting sexual and violent offenders. (2) It is the intent of the Legislature, in order to further the purposes of this chapter, to require DNA and forensic identification databank samples for the felony offenses described in subdivision (a) of Section 296. (3) It is necessary to enact this act defining and governing the state's DNA and forensic identification database and databank in order to clarify existing law and to enable the state's DNA and forensic identification database and databank program to become a more effective law enforcement tool. (c) The purpose of the DNA and forensic identification databank is to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious detection and prosecution of individuals responsible for sex offenses and other violent crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children. (d) The Department of Justice, through its DNA Laboratory, shall be responsible for the management and administration of the state's DNA database and databank identification program and for liaison with the Federal Bureau of Investigation (FBI) regarding the state's participation in a national DNA database such as the FBI's Combined DNA Index System (CODIS) that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories nationwide. (e) The Department of Justice shall be responsible for implementing this chapter. The Department of Justice DNA Laboratory, the Department of Corrections, and the Department of the Youth Authority shall adopt policies and enact regulations for the implementation of this chapter, as necessary, to give effect to the intent and purpose of this chapter, and to ensure that databank blood specimens, saliva samples, and thumb and palm print impressions are collected from qualifying offenders in a timely manner, as soon as possible after conviction, or a plea or finding of guilty, no contest, or not guilty by reason of insanity, or upon the disposition rendered in the case of a juvenile who is adjudged a ward of the court under Section 602 of the Welfare and Institutions Code for commission of any of this chapter's enumerated qualifying offenses, or when it is determined that a qualifying offender has not given the required samples. The Department of Corrections and the Department of the Youth Authority shall adopt the policies and regulations for implementing this chapter with advice from and in consultation with the Department of Justice DNA Laboratory Director. The Department of Corrections and the Department of the Youth Authority shall submit copies of their policies and regulations with respect to this chapter to the Department of Justice DNA Laboratory Director, and periodically shall submit to the director written reports updating the director as to the status of their compliance with this chapter. (f) (1) When the specimens, samples, and print impressions required by this chapter are collected at a county jail or other county detention facility, including a private community correctional facility, the county sheriff or chief administrative officer of the county jail or other detention facility shall be responsible for ensuring all of the following: (A) The requisite specimens, samples, and print impressions are collected from qualifying offenders during the intake process at that facility, or reasonably promptly thereafter. (B) The requisite specimens, samples, and print impressions are collected as soon as administratively practicable after a qualifying offender reports to the facility for the purpose of providing specimens, samples, and print impressions. (C) The specimens, samples, and print impressions collected pursuant to this chapter are forwarded immediately to the Department of Justice, and in compliance with department policies. (2) The specimens, samples, and print impressions required by this chapter shall be collected by a person using a collection kit approved by the Department of Justice and in accordance with the requirements and procedures set forth in subdivision (b) of Section 298. (3) The counties shall be reimbursed for the costs of obtaining specimens, samples, and print impressions subject to the conditions and limitations set forth by the Department of Justice policies governing reimbursement for collecting specimens, samples, and print impressions pursuant to this chapter. (g) Any funds appropriated by the Legislature to implement this chapter, including funds to reimburse counties, shall be deposited into the Department of Justice DNA Testing Fund as created by paragraph (2) of subdivision (b) of Section 290.3. (h) The Department of Justice DNA Laboratory shall be known as the Jan Bashinski DNA Laboratory. SEC. 2. Section 11106 of the Penal Code is amended to read: 11106. (a) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (c), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all copies of fingerprints, copies of applications for licenses to carry firearms issued pursuant to Section 12050, information reported to the Department of Justice pursuant to Section 12053, dealers' records of sales of firearms, reports provided pursuant to Section 12072 or 12078, forms provided pursuant to Section 12084, reports provided pursuant to Section 12071 that are not dealers' records of sales of firearms, and reports of stolen, lost, found, pledged, or pawned property in any city or county of this state, and shall, upon proper application therefor, furnish to the officers mentioned in Section 11105, hard copy printouts of those records as photographic, photostatic, and nonerasable optically stored reproductions. (b) (1) Notwithstanding subdivision (a), the Attorney General shall not retain or compile any information from reports filed pursuant to subdivision (a) of Section 12078 for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person, from forms submitted pursuant to Section 12084 for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person, or from dealers' records of sales for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person. All copies of the forms submitted, or any information received in electronic form, pursuant to Section 12084 for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person, or of the dealers' records of sales for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person shall be destroyed within five days of the clearance by the Attorney General, unless the purchaser or transferor is ineligible to take possession of the firearm. All copies of the reports filed, or any information received in electronic form, pursuant to subdivision (a) of Section 12078 for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person shall be destroyed within five days of the receipt by the Attorney General, unless retention is necessary for use in a criminal prosecution. (2) A peace officer, the Attorney General, a Department of Justice employee designated by the Attorney General, or any authorized local law enforcement employee shall not retain or compile any information from a firearms transaction record, as defined in paragraph (5) of subdivision (c) of Section 12071, for firearms that are not pistols, revolvers, or other firearms capable of being concealed upon the person unless retention or compilation is necessary for use in a criminal prosecution or in a proceeding to revoke a license issued pursuant to Section 12071. (3) A violation of this subdivision is a misdemeanor. (c) (1) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or any other law, as to pistols, revolvers, or other firearms capable of being concealed upon the person and maintain a registry thereof. (2) The registry shall consist of all of the following: (A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular pistol, revolver, or other firearm capable of being concealed upon the person as listed on the information provided to the department on the Dealers' Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in Section 12084, or reports made to the department pursuant to Section 12078 or any other law. (B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular pistol, revolver, or other firearm capable of being concealed upon the person and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers' Record of Sale, the LEFT, or reports made to the department pursuant to Section 12078 or any other law. (C) Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular pistol, revolver, or other firearm capable of being concealed upon the person acquiring or being loaned that firearm. (D) The manufacturer's name if stamped on the firearm; model name or number if stamped on the firearm; and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm. (3) Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular pistol, revolver, or other firearm capable of being concealed upon the person in the form of hard copy printouts of that information as photographic, photostatic, and nonerasable optically stored reproductions. (4) If any person is listed in the registry as the owner of a firearm through a Dealers' Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the record's existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.