BILL NUMBER: AB 2009	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  JUNE 16, 2010
	AMENDED IN SENATE  JUNE 7, 2010

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 17, 2010

   An act to amend Section 76104.6 of the Government Code, relating
to county penalties.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2009, Logue. County penalties: funding for DNA analysis:
expedited processing.
   Existing law, the DNA Fingerprint, Unsolved Crime and Innocence
Protection Act, an initiative measure, creates in the State Treasury
the state's DNA Identification Fund, and makes its revenue, upon
appropriation by the Legislature, available to the Attorney General
solely to support DNA testing and to offset the impacts of increased
testing. That act also provides for an increase in criminal penalties
allocated to state and local government to fund the expansion of DNA
collection as required by the act. Existing law allocates 70% of the
funds, attributable to that increase in fees, to the state within
the first 2 years following the approval of the act; 50% of the
funds, attributable to the increase in the fees, to the state in the
3rd year; and thereafter, 25% of the funds, attributable to the
increase in the fees, to the state, with the remaining funds
allocated to local governments. Existing law provides that any funds
remaining in a county's share of the increase in fees may be used for
specified purposes, including expenditures made in connection with
the processing, analysis, tracking, and storage of DNA crime scene
samples from cases in which DNA evidence would be useful in
identifying or prosecuting suspects, which includes the procurement
of equipment and software for the processing, analysis, tracking, and
storage of DNA crime scene samples.
   This bill would specifically provide that a county's remaining
share of funds attributable to the increase in fees as required by
the act may, if authorized by a resolution of the board of
supervisors, be used by a local sheriff, police, district attorney,
or regional state crime laboratory for expenditures and
administrative costs made or incurred for utilizing an authorized
laboratory for the processing and analysis of forensic identification
samples and testimony related to that analysis in order to expedite
the analysis of crime scene samples in order to expedite and proceed
with a pending criminal action or investigation within that county.
   The DNA Fingerprint, Unsolved Crime and Innocence Protection Act
specifies that its provisions may be amended by the Legislature if
the amendment furthers the act and is consistent with the purpose of
the act to enhance the use of DNA identification evidence for the
purpose of accurate and expeditious crime solving and for exonerating
the innocent.
   This bill also contains the Legislature's finding that this bill
furthers, and is consistent with, the purpose of the DNA Fingerprint,
Unsolved Crime and Innocence Protection Act to enhance the use of
DNA identification evidence for the purpose of accurate and
expeditious crime solving and for exonerating the innocent by
accelerating the testing of DNA samples that cannot be handled in an
expeditious manner without the use of an outside laboratory.


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

  SECTION 1.  Section 76104.6 of the Government Code is amended to
read:
   76104.6.  (a) (1) Except as otherwise provided in this section,
for the purpose of implementing the DNA Fingerprint, Unsolved Crime
and Innocence Protection Act, there shall be levied an additional
penalty of one dollar ($1) for every ten dollars ($10), or part of
ten dollars ($10), in each county upon every fine, penalty, or
forfeiture imposed and collected by the courts for all criminal
offenses, including all offenses involving a violation of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle Code.
   (2) The penalty imposed by this section shall be collected
together with and in the same manner as the amounts established by
Section 1464 of the Penal Code. These moneys shall be taken from
fines and forfeitures deposited with the county treasurer prior to
any division pursuant to Section 1463 of the Penal Code. The board of
supervisors shall establish in the county treasury a DNA
Identification Fund into which shall be deposited the collected
moneys pursuant to this section. The moneys of the fund shall be
allocated pursuant to subdivision (b).
   (3) This additional penalty does not apply to the following:
   (A) Any restitution fine.
   (B) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
   (C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
   (b) (1) The fund moneys described in subdivision (a), together
with any interest earned thereon, shall be held by the county
treasurer separate from any funds subject to transfer or division
pursuant to Section 1463 of the Penal Code. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer if and
as necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
   (2) On the last day of each calendar quarter of the year specified
in this subdivision, the county treasurer shall transfer fund moneys
in the county's DNA Identification Fund to the State Controller for
credit to the state's DNA Identification Fund, which is hereby
established in the State Treasury, as follows:
   (A) In the first two calendar years following the effective date
of this section, 70 percent of the amounts collected, including
interest earned thereon;
   (B) In the third calendar year following the effective date of
this section, 50 percent of the amounts collected, including interest
earned thereon;
   (C) In the fourth calendar year following the effective date of
this section and in each calendar year thereafter, 25 percent of the
amounts collected, including interest earned thereon.
   (3) Funds remaining in the county's DNA Identification Fund shall
be used only for the following purposes:
   (A) To reimburse a local sheriff or other law enforcement agency
to collect DNA specimens, samples, and print impressions pursuant to
this chapter; for expenditures and administrative costs made or
incurred to comply with the requirements of paragraph (5) of
subdivision (b) of Section 298 of the Penal Code including the
procurement of equipment and software integral to confirming that a
person qualifies for entry into the Department of Justice DNA
Database and Data Bank Program.
   (B) If authorized by a resolution of the county board of
supervisors, to reimburse a local sheriff, police, district attorney,
or regional state crime laboratory for expenditures and
administrative costs made or incurred for utilizing a laboratory that
meets state and federal requirements, including the Federal Bureau
of Investigation Quality Assurance Standards, and that is accredited
by an organization approved by the National DNA Index System
Procedures Board for the processing and analysis of forensic
identification samples and testimony related to that analysis in
order to expedite the analysis of crime scene samples in order to
expedite and proceed with a pending criminal action or investigation
within that county.
   (C) To reimburse a local sheriff, police, district attorney, or
regional state crime laboratory for expenditures and administrative
costs made or incurred in connection with the processing, analysis,
tracking, and storage of DNA crime scene samples from cases in which
DNA evidence would be useful in identifying or prosecuting suspects,
including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA crime scene
samples from unsolved cases.
   (4) The state's DNA Identification Fund shall be administered by
the Department of Justice. Funds in the state's DNA Identification
Fund, upon appropriation by the Legislature, shall be used by the
Attorney General only to support DNA testing in the state and to
offset the impacts of increased testing and shall be allocated as
follows:
   (A) Of the amount transferred pursuant to subparagraph (A) of
paragraph (2) of subdivision (b), 90 percent to the Department of
Justice DNA Laboratory, first, to comply with the requirements of
Section 298.3 of the Penal Code and, second, for expenditures and
administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Databank Act, as amended, and 10 percent to the
Department of Justice Information Bureau Criminal History Unit for
expenditures and administrative costs that have been approved by the
Chief of the Department of Justice Bureau of Forensic Services made
or incurred to update equipment and software to facilitate compliance
with the requirements of subdivision (e) of Section 299.5 of the
Penal Code.
   (B) Of the amount transferred pursuant to subparagraph (B) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice DNA Laboratory, first, to comply with the
requirements of Section 298.3 of the Penal Code and, second, for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA specimens
and samples including the procurement of equipment and software for
the processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Databank Act, as amended.
   (C) Of the amount transferred pursuant to subparagraph (C) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice to the DNA Laboratory to comply with the
requirements of Section 298.3 of the Penal Code and for expenditures
and administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Databank Act, as amended.
   (c) On or before April 1 in the year following adoption of this
section, and annually thereafter, the board of supervisors of each
county shall submit a report to the Legislature and the Department of
Justice. The report shall include the total amount of fines
collected and allocated pursuant to this section, and the amounts
expended by the county for each program authorized pursuant to
paragraph (3) of subdivision (b) of this section. The Department of
Justice shall make the reports publicly available on the department's
Internet Web site.
   (d) All requirements imposed on the Department of Justice pursuant
to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act
are contingent upon the availability of funding and are limited by
revenue, on a fiscal year basis, received by the Department of
Justice pursuant to this section and any additional appropriation
approved by the Legislature for purposes related to implementing this
measure.
   (e) Upon approval of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, the Legislature shall loan the Department
of Justice General Fund in the amount of $7,000,000 for purposes of
implementing that act. This loan shall be repaid with interest
calculated at the rate earned by the Pooled Money Investment Account
at the time the loan is made. Principal and interest on the loan
shall be repaid in full no later than four years from the date the
loan was made and shall be repaid from revenue generated pursuant to
this section.
   (f) Notwithstanding any other provision of law, the Controller may
use the state's DNA Identification Fund, created pursuant to
paragraph (2) of subdivision (b), for loans to the General Fund as
provided in Sections 16310 and 16381. Any such loan shall be repaid
from the General Fund with interest computed at 110 percent of the
Pooled Money Investment Account rate, with the interest commencing to
accrue on the date the loan is made from the fund. This subdivision
does not authorize any transfer that will interfere with the carrying
out of the object for which the state's DNA Identification Fund was
created.
  SEC. 2.  The Legislature finds and declares that this bill
furthers, and is consistent with, the purpose of the DNA Fingerprint,
Unsolved Crime and Innocence Protection Act to enhance the use of
DNA identification evidence for the purpose of accurate and
expeditious crime solving and for exonerating the innocent by
accelerating the testing of DNA samples that cannot be handled in an
expeditious manner without the use of an outside laboratory.