BILL NUMBER: AB 940	CHAPTERED  10/04/05

	CHAPTER  471
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2005
	APPROVED BY GOVERNOR  OCTOBER 4, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JULY 13, 2005
	AMENDED IN ASSEMBLY  MAY 27, 2005

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2005

   An act to amend Section 14251 of the Penal Code, relating to
missing persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 940, Chu  Missing persons DNA database.
   Existing law requires the Department of Justice to develop a DNA
database for all cases involving the report of an unidentified
deceased person or a high-risk missing person, as defined. Existing
law requires that, until January 1, 2006, the database be funded by a
$2 increase on death certificates issued by a local government
agency or by the State of California. Existing law specifies the
manner in which these funds shall be used. Under existing law a bill
that makes changes in state taxes for the purpose of increasing
revenue requires approval by a 2/3 vote of each house of the
Legislature.
   This bill would delete the January 1, 2006, expiration date for
these provisions, and would instead extend the collection of the $2
increase on death certificates until January 1, 2010, thereby
imposing a state tax for purposes of increasing revenue. By requiring
the collection of the fee on death certificates issued by local
officials, the bill would impose a state-mandated local program.
   Existing law allows the Department of Justice to distribute funds
to various counties for the purposes of pathology and exhumation as
the department deems necessary.
   This bill would instead allow the department to distribute funds
to those counties for those purposes in a manner consistent with the
provisions of law establishing and regulating the DNA database.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 14251 of the Penal Code is amended to read:
   14251.  (a) The "Missing Persons DNA Data Base" shall be funded by
a two dollar ($2) fee increase on death certificates issued by a
local government agency or by the State of California. The issuing
agencies may retain up to 5 percent of the funds from the fee
increase for administrative costs. This fee shall remain in effect
only until January 1, 2010.
   (b) Funds shall be directed on a quarterly basis to the "Missing
Persons DNA Data Base Fund," hereby established, to be administered
by the department for establishing and maintaining laboratory
infrastructure, DNA sample storage, DNA analysis, and labor costs for
cases of missing persons and unidentified remains. Funds may also be
distributed by the department to various counties for the purposes
of pathology and exhumation consistent with this title. The
department may also use those funds to publicize the database for the
purpose of contacting parents and relatives so that they may provide
a DNA sample for training law enforcement officials about the
database and DNA sampling and for outreach.
   (c) The department shall create an advisory committee, comprised
of coroners and appropriate law enforcement officials, and interested
stakeholders to prioritize the identification of the backlog of
unidentified remains. The identification of the backlog may be
outsourced to other laboratories at the department's discretion.
   (d) (1) The death certificate fee increase shall begin and funds
shall be directed to the Missing Persons DNA Data Base Fund beginning
January 1, 2001. Funding for year one shall be used to develop the
database and laboratory infrastructure, and to establish Department
of Justice protocols and personnel.
   (2) The Department of Justice shall begin case analysis in 2002.
The Department of Justice shall retain the authority to prioritize
case analysis, giving priority to those cases involving children.
   (3) If federal funding is made available, it shall be used to
assist in the identification of the backlog of high-risk missing
person cases and long-term unidentified remains.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.