BILL NUMBER: SB 439 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wyland
FEBRUARY 26, 2009
An act to amend Section 298 of, and to amend the heading of
Article 4 (commencing with Section 298) of Chapter 6 of Title 9 of
Part 1 of, the Penal Code, relating to forensic data.
LEGISLATIVE COUNSEL'S DIGEST
SB 439, as introduced, Wyland. Forensic data: DNA.
Existing law, the DNA and Forensic Identification Database and
Data Bank Act, as amended by Proposition 69 of the November 2, 2004,
statewide general election, which permits legislative amendment for
specified purposes, including expeditious crime solving and
exoneration, provides that the Department of Justice, through its DNA
Laboratory, is responsible for the management and administration of
the state's DNA and Forensic Identification Database and Data Bank
Program. The act imposes certain requirements on local law
enforcement agencies that collect specimens or samples pursuant to
these provisions, including that the specimens or samples collected
be forwarded immediately to the department and in compliance with
department policies.
This bill would require that all DNA samples or specimens
collected in criminal investigations be processed and analyzed for
identification purposes within 30 days of collection.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Article 4 (commencing with Section 298)
of Chapter 6 of Title 9 of Part 1 of the Penal Code is amended to
read:
Article 4. Collection , and
Forwarding , and Analysis of Samples
SEC. 2. Section 298 of the Penal Code is amended to read:
298. (a) The Director of Corrections, or the Chief Administrative
Officer of the detention facility, jail, or other facility at which
the blood specimens, buccal swab samples, and thumb and palm print
impressions were collected shall cause these specimens, samples, and
print impressions to be forwarded promptly to the Department of
Justice. The specimens, samples, and print impressions shall be
collected by a person using a Department of Justice approved
collection kit and in accordance with the requirements and procedures
set forth in subdivision (b).
(b) (1) The Department of Justice shall provide all blood specimen
vials, buccal swab collectors, mailing tubes, labels, and
instructions for the collection of the blood specimens, buccal swab
samples, and thumbprints. The specimens, samples, and thumbprints
shall thereafter be forwarded to the DNA Laboratory of the Department
of Justice for analysis of DNA and other forensic identification
markers. All DNA samples or specimens collected in criminal
investigations shall be processed and analyzed for identification
purposes within 30 days of collection.
Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints. The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file for
identification purposes.
(2) The withdrawal of blood shall be performed in a medically
approved manner. Only health care providers trained and certified to
draw blood may withdraw the blood specimens for purposes of this
section.
(3) Buccal swab samples may be procured by law enforcement or
corrections personnel or other individuals trained to assist in
buccal swab collection.
(4) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of Justice.
The palm print forms shall be forwarded to and maintained by the
Bureau of Criminal Identification and Information of the Department
of Justice. Right thumbprints also shall be taken at the time of the
collection of samples and specimens and shall be placed on the sample
and specimen containers and forms as directed by the Department of
Justice. The samples, specimens, and forms shall be forwarded to and
maintained by the DNA Laboratory of the Department of Justice.
(5) The law enforcement or custodial agency collecting specimens,
samples, or print impressions is responsible for confirming that the
person qualifies for entry into the Department of Justice DNA
Database and Data Bank Program prior to collecting the specimens,
samples, or print impressions pursuant to this chapter.
(6) The DNA Laboratory of the Department of Justice is responsible
for establishing procedures for entering data bank and database
information.
(c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the data bank or database
shall not be civilly or criminally liable either for withdrawing
blood when done in accordance with medically accepted procedures, or
for obtaining buccal swab samples by scraping inner cheek cells of
the mouth, or thumb or palm print impressions when performed in
accordance with standard professional practices.
(2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in confirming a person's or sample's
qualifying status for inclusion within the database or data bank or
in placing an entry in a data bank or a database.
(3) The failure of the Department of Justice or local law
enforcement to comply with Article 4 or any other provision of this
chapter shall not invalidate an arrest, plea, conviction, or
disposition.