California Legislature—2015–16 Regular Session

Assembly BillNo. 390


Introduced by Assembly Member Cooper

(Coauthors: Assembly Members Lackey and Perea)

(Coauthor: Senator Wolk)

February 18, 2015


An act to amend Section 296 of the Penal Code, relating to DNA evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 390, as introduced, Cooper. Criminal law: DNA evidence.

Existing law, as amended by the DNA Act, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense.

This bill would expand these provisions to require persons convicted of specified misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, 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:

P2    1

SECTION 1.  

Section 296 of the Penal Code is amended to
2read:

3

296.  

(a) The following persons shall provide buccal swab
4samples, right thumbprints, and a full palm print impression of
5each hand, and any blood specimens or other biological samples
6required pursuant to this chapter for law enforcement identification
7analysis:

8(1) Any person, including any juvenile, who is convicted of or
9pleads guilty or no contest to any felony offense, or is found not
10guilty by reason of insanity of any felony offense, or any juvenile
11who is adjudicated under Section 602 of the Welfare and
12Institutions Code for committing any felony offense.

13(2) Any adult person who is arrested for or charged with any of
14the following felony offenses:

15(A) Any felony offense specified in Section 290 or attempt to
16commit any felony offense described in Section 290, or any felony
17offense that imposes upon a person the duty to register in California
18as a sex offender under Section 290.

19(B) Murder or voluntary manslaughter or any attempt to commit
20murder or voluntary manslaughter.

21(C) Commencing on January 1 of the fifth year following
22enactment of the act that added this subparagraph, as amended,
23any adult person arrested or charged with any felony offense.

24(3) Any person, including any juvenile, who is required to
25register under Section 290 or 457.1 because of the commission of,
26or the attempt to commit, a felony or misdemeanor offense, or any
27person, including any juvenile, who is housed in a mental health
28facility or sex offender treatment program after referral to such
29facility or program by a court after being charged with any felony
30offense.

begin insert

P3    1(4) Any person, excluding a juvenile, who is convicted of, or
2pleads guilty or no contest to, any of the following offenses:

end insert
begin insert

3(A) A misdemeanor violation of Section 459.5.

end insert
begin insert

4(B) A violation of subdivision (a) of Section 473 that is
5punishable as a misdemeanor pursuant ot subdivision (b) of Section
6473.

end insert
begin insert

7(C) A violation of subdivision (a) of Section 476a that is
8punishable as a misdemeanor pursuant ot subdivision (b) of Section
9476a.

end insert
begin insert

10(D) A violation of Section 487 that is punishable as a
11misdemeanor pursuant to Section 490.2.

end insert
begin insert

12(E) A violation of Section 496 that is punishable as a
13misdemeanor.

end insert
begin insert

14(F) A misdemeanor violation of subdivision (a) of Section 11350
15of the Health and Safety Code.

end insert
begin insert

16(G) A misdemeanor violation of subdivision (a) of Section 11357
17of the Health and Safety Code.

end insert
begin insert

18(H) A misdemeanor violation of subdivision (a) of Section 11377
19of the Health and Safety Code.

end insert
begin delete

20(4)

end delete

21begin insert(5)end insert The term “felony” as used in this subdivision includes an
22attempt to commit the offense.

begin delete

23(5)

end delete

24begin insert(6)end insert Nothing in this chapter shall be construed as prohibiting
25collection and analysis of specimens, samples, or print impressions
26as a condition of a plea forbegin delete a non-qualifyingend deletebegin insert nonqualifyingend insert offense.

27(b) The provisions of this chapter and its requirements for
28submission of specimens, samples and print impressions as soon
29as administratively practicable shall apply to all qualifying persons
30regardless of sentence imposed, including any sentence of death,
31life without the possibility of parole, or any life or indeterminate
32term, or any other disposition rendered in the case of an adult or
33 juvenile tried as an adult, or whether the person is diverted, fined,
34or referred for evaluation, and regardless of disposition rendered
35or placement made in the case of juvenile who is found to have
36committed any felony offense or is adjudicated under Section 602
37of the Welfare and Institutions Code.

38(c) The provisions of this chapter and its requirements for
39submission of specimens, samples, and print impressions as soon
40as administratively practicable by qualified persons as described
P4    1in subdivision (a) shall apply regardless of placement or
2confinement in any mental hospital or other public or private
3treatment facility, and shall include, but not be limited to, the
4following persons, including juveniles:

5(1) Any person committed to a state hospital or other treatment
6facility as a mentally disordered sex offender under Article 1
7(commencing with Section 6300) of Chapter 2 of Part 2 of Division
86 of the Welfare and Institutions Code.

9(2) Any person who has a severe mental disorder as set forth
10within the provisions of Article 4 (commencing with Section 2960)
11of Chapter 7 of Title 1 of Part 3 of the Penal Code.

12(3) Any person found to be a sexually violent predator pursuant
13to Article 4 (commencing with Section 6600) of Chapter 2 of Part
142 of Division 6 of the Welfare and Institutions Code.

15(d) The provisions of this chapter are mandatory and apply
16whether or not the court advises a person, including any juvenile,
17that he or she must provide the data bank and database specimens,
18samples, and print impressions as a condition of probation, parole,
19or any plea of guilty, no contest, or not guilty by reason of insanity,
20or any admission to any of the offenses described in subdivision
21(a).

22(e) If at any stage of court proceedings the prosecuting attorney
23determines that specimens, samples, and print impressions required
24by this chapter have not already been taken from any person, as
25defined under subdivision (a) of Section 296, the prosecuting
26attorney shall notify the court orally on the record, or in writing,
27and request that the court order collection of the specimens,
28samples, and print impressions required by law. However, a failure
29by the prosecuting attorney or any other law enforcement agency
30to notify the court shall not relieve a person of the obligation to
31provide specimens, samples, and print impressions pursuant to this
32chapter.

33(f) Prior to final disposition or sentencing in the case the court
34shall inquire and verify that the specimens, samples, and print
35impressions required by this chapter have been obtained and that
36this fact is included in the abstract of judgment or dispositional
37order in the case of a juvenile. The abstract of judgment issued by
38the court shall indicate that the court has ordered the person to
39comply with the requirements of this chapter and that the person
P5    1shall be included in the state’s DNA and Forensic Identification
2Data Base and Data Bank program and be subject to this chapter.

3However, failure by the court to verify specimen, sample, and
4print impression collection or enter these facts in the abstract of
5judgment or dispositional order in the case of a juvenile shall not
6invalidate an arrest, plea, conviction, or disposition, or otherwise
7relieve a person from the requirements of this chapter.

8

SEC. 2.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



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