BILL NUMBER: SB 248	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 10, 2011

   An act to amend Section 296 of the Penal Code, relating to
forensic specimens.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 248, as introduced, Wyland. Forensic specimens: offenders.
   Existing law, as amended by voter approval of Proposition 69 at
the November 2, 2004, statewide general election, requires persons
who are arrested for or convicted of, as specified, certain offenses,
or who are required to register as a sex offender, to provide buccal
swab samples, right thumbprints, and a full palm print impression of
each hand, and any blood specimens or other biological samples as
specified for law enforcement identification analysis. The initiative
authorizes amendment of these provisions by the Legislature if the
amendments further the purposes of the initiative and are consistent
with its purposes to enhance the use of DNA identification evidence
for the purpose of accurate and expeditious crime-solving and
exonerating the innocent.
   This bill would add to the list of persons required to provide
forensic identifying samples, persons, including juveniles, who pled
guilty, or no contest to, or were convicted of, or adjudicated for
committing, certain offenses punishable as misdemeanors or felonies
or both, pertaining to poisoning animals, cruelty to animals,
stalking, specified species of disorderly conduct, installing a 2-way
mirror in specified locations, and loitering in a public place with
the intent to commit prostitution. The bill would also make
nonsubstantive, technical corrections.
   By increasing the burdens on local government agencies, this bill
would impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 296 of the Penal Code is amended to read:
   296.  (a) The following persons shall provide buccal swab samples,
right thumbprints, and a full palm print impression of each hand,
and any blood specimens or other biological samples required pursuant
to this chapter for law enforcement identification analysis:
   (1) Any person, including any juvenile, who is convicted of or
pleads guilty or no contest to any felony offense, or is found not
guilty by reason of insanity of any felony offense, or any juvenile
who is adjudicated under Section 602 of the Welfare and Institutions
Code for committing any felony offense.
   (2) Any adult person who is arrested for or charged with any of
the following felony offenses:
   (A) Any felony offense specified in  Section 290
 the Sex Offender Registration Act (Chapter 5.5 (commencing with
Section 290))  or attempt to commit any felony offense described
in  Section 290  the act  , or any felony
offense that imposes upon a person the duty to register in California
as a sex offender under  Section 290   the act
 .
   (B) Murder or voluntary manslaughter or any attempt to commit
murder or voluntary manslaughter.
   (C) Commencing on January 1 of the fifth year following enactment
of the act that added this subparagraph, as amended, any adult person
arrested or charged with any felony offense.
   (3) Any person, including any juvenile, who is required to
register under Section 290 or 457.1 because of the commission of, or
the attempt to commit, a felony or misdemeanor offense, or any
person, including any juvenile, who is housed in a mental health
facility or sex offender treatment program after referral to 
such   that  facility or program by a court after
being charged with any felony offense. 
   (4) Any person, including any juvenile, who is convicted or pleads
guilty or no contest to, or who is adjudicated under Section 602 of
the Welfare and Institutions Code for, committing a violation of any
of the following: 
    (A)     Section 596. 
    (B)     Subdivision (c) of Section 597.
 
   (C) Subdivision (a) of Section 646.9.  
   (D) Subdivision (a), (b), (i), or (j) of Section 647.  
   (E) Section 653n.  
   (F) Section 653.22.  
   (4) 
    (5)  The term "felony" as used in this subdivision
includes an attempt to commit the offense. 
   (5) 
    (6)  Nothing in this chapter shall be construed as
prohibiting collection and analysis of specimens, samples, or print
impressions as a condition of a plea for a non-qualifying offense.
   (b) The provisions of this chapter and its requirements for
submission of specimens, samples and print impressions as soon as
administratively practicable shall apply to all qualifying persons
regardless of sentence imposed, including any sentence of death, life
without the possibility of parole, or any life or indeterminate
term, or any other disposition rendered in the case of an adult or
juvenile tried as an adult, or whether the person is diverted, fined,
or referred for evaluation, and regardless of disposition rendered
or placement made in the case of juvenile who is found to have
committed any  felony   qualifying  offense
or is adjudicated under Section 602 of the Welfare and Institutions
Code.
   (c) The provisions of this chapter and its requirements for
submission of specimens, samples, and print impressions as soon as
administratively practicable by qualified persons as described in
subdivision (a) shall apply regardless of placement or confinement in
any mental hospital or other public or private treatment facility,
and shall include, but not be limited to, the following persons,
including juveniles:
   (1) Any person committed to a state hospital or other treatment
facility as a mentally disordered sex offender under  former
 Article 1 (commencing with Section 6300) of Chapter 2 of Part 2
of Division 6 of the Welfare and Institutions Code.
   (2) Any person who has a severe mental disorder as set forth
within the provisions of Article 4 (commencing with Section 2960) of
Chapter 7 of Title 1 of Part 3 of the Penal Code.
   (3) Any person found to be a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
   (d) The provisions of this chapter are mandatory and apply whether
or not the court advises a person, including any juvenile, that he
or she must provide the data bank and database specimens, samples,
and print impressions as a condition of probation, parole, or any
plea of guilty, no contest, or not guilty by reason of insanity, or
any admission to any of the offenses described in subdivision (a).
   (e) If at any stage of court proceedings the prosecuting attorney
determines that specimens, samples, and print impressions required by
this chapter have not already been taken from any person, as defined
under subdivision (a)  of Section 296  , the
prosecuting attorney shall notify the court orally on the record, or
in writing, and request that the court order collection of the
specimens, samples, and print impressions required by law. However, a
failure by the prosecuting attorney or any other law enforcement
agency to notify the court shall not relieve a person of the
obligation to provide specimens, samples, and print impressions
pursuant to this chapter.
   (f) Prior to final disposition or sentencing in the case the court
shall inquire and verify that the specimens, samples, and print
impressions required by this chapter have been obtained and that this
fact is included in the abstract of judgment or dispositional order
in the case of a juvenile. The abstract of judgment issued by the
court shall indicate that the court has ordered the person to comply
with the requirements of this chapter and that the person shall be
included in the state's DNA and Forensic Identification Data Base and
Data Bank program and be subject to this chapter.
   However, failure by the court to verify specimen, sample, and
print impression collection or enter these facts in the abstract of
judgment or dispositional order in the case of a juvenile shall not
invalidate an arrest, plea, conviction, or disposition, or otherwise
relieve a person from the requirements of this chapter.
  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.