BILL NUMBER: SB 542	CHAPTERED  09/11/07

	CHAPTER  208
	FILED WITH SECRETARY OF STATE  SEPTEMBER 11, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 11, 2007
	PASSED THE SENATE  MAY 24, 2007
	PASSED THE ASSEMBLY  AUGUST 27, 2007
	AMENDED IN SENATE  MAY 8, 2007
	AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Romero

                        FEBRUARY 22, 2007

   An act to amend Section 6603 of the Welfare and Institutions Code,
relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 542, Romero. Sexually violent predators: DNA testing.
   Under existing law, any person who was convicted of a felony and
is currently serving a term of imprisonment may make a motion for
performance of a DNA test.
   Under existing law, prior to release from custody of a person who
has been convicted of certain crimes of a sexual nature, the person
may be referred for a court hearing to determine if the person should
be committed to the State Department of Mental Health as a sexually
violent predator for treatment in a secure facility.
   This bill would require that any right to a DNA test that may
exist for a person subject to the sexually violent predator
provisions, be in conformity with those provisions applicable to
incarcerated persons, and would declare that it does not limit any
other legal or equitable right to request DNA testing.


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

  SECTION 1.  Section 6603 of the Welfare and Institutions Code is
amended to read:
   6603.  (a) A person subject to this article shall be entitled to a
trial by jury, to the assistance of counsel, to the right to retain
experts or professional persons to perform an examination on his or
her behalf, and to have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent, the court shall appoint counsel to assist him or her, and,
upon the person's request, assist the person in obtaining an expert
or professional person to perform an examination or participate in
the trial on the person's behalf. Any right that may exist under this
section to request DNA testing on prior cases shall be made in
conformity with Section 1405 of the Penal Code.
   (b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
   (c) (1) If the attorney petitioning for commitment under this
article determines that updated evaluations are necessary in order to
properly present the case for commitment, the attorney may request
the State Department of Mental Health to perform updated evaluations.
If one or more of the original evaluators is no longer available to
testify for the petitioner in court proceedings, the attorney
petitioning for commitment under this article may request the State
Department of Mental Health to perform replacement evaluations. When
a request is made for updated or replacement evaluations, the State
Department of Mental Health shall perform the requested evaluations
and forward them to the petitioning attorney and to the counsel for
the person subject to this article. However, updated or replacement
evaluations shall not be performed except as necessary to update one
or more of the original evaluations or to replace the evaluation of
an evaluator who is no longer available to testify for the petitioner
in court proceedings. These updated or replacement evaluations shall
include review of available medical and psychological records,
including treatment records, consultation with current treating
clinicians, and interviews of the person being evaluated, either
voluntarily or by court order. If an updated or replacement
evaluation results in a split opinion as to whether the person
subject to this article meets the criteria for commitment, the State
Department of Mental Health shall conduct two additional evaluations
in accordance with subdivision (f) of Section 6601.
   (2) For purposes of this subdivision, "no longer available to
testify for the petitioner in court proceedings" means that the
evaluator is no longer authorized by the Director of Mental Health to
perform evaluations regarding sexually violent predators as a result
of any of the following:
   (A) The evaluator has failed to adhere to the protocol of the
State Department of Mental Health.
   (B) The evaluator's license has been suspended or revoked.
   (C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
   (d) Nothing in this section shall prevent the defense from
presenting otherwise relevant and admissible evidence.
   (e) If the person subject to this article or the petitioning
attorney does not demand a jury trial, the trial shall be before the
court without a jury.
   (f) A unanimous verdict shall be required in any jury trial.
   (g) The court shall notify the State Department of Mental Health
of the outcome of the trial by forwarding to the department a copy of
the minute order of the court within 72 hours of the decision.
   (h) Nothing in this section shall limit any legal or equitable
right that a person may have to request DNA testing.
  SEC. 2.  The Legislature does not intend to create any new right to
DNA testing on prior cases. It is the intent of the Legislature to
provide for a procedure for DNA testing in the event Section 6603 of
the Welfare and Institutions Code is construed to provide a right to
DNA testing on prior cases.