AB 390, as amended, 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
begin delete misdemeanorsend delete 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:
Section 296 of the Penal Code is amended to
(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
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
P3 1person, including any juvenile, who is housed in a mental health
2facility or sex offender treatment program after referral to such
3facility or program by a court after being charged with any felony
5(4) Any person, excluding a juvenile, who is convicted of, or pleads
10guilty or no contest to, any of the following offenses:
11(A) A misdemeanor violation of Section 459.5.
12(B) Any misdemeanor punishable pursuant to subdivision (b)
13of Section 473.
14(C) A violation of subdivision (a) of Section 476a that is
15punishable as a misdemeanor pursuant to subdivision (b) of Section
17(D) A violation of Section 487 that is punishable as a
18misdemeanor pursuant to Section 490.2.
19(E) A violation of Section 496 that is punishable as a
21(F) A misdemeanor violation of subdivision (a) of Section 11350
22of the Health and Safety Code.
23(G) A misdemeanor violation of subdivision (a) of Section
2411357 of the Health and Safety Code.
25(H) A misdemeanor violation of subdivision (a) of Section
2611377 of the Health and Safety Code.
27(I) A misdemeanor violation of Section 666.
28(5) The term “felony” as used in this subdivision includes an
29attempt to commit the offense.
30(6) Nothing in this chapter shall be construed as prohibiting
31collection and analysis of specimens, samples, or print impressions
32as a condition of a plea for nonqualifying offense.
33(b) The provisions of this chapter and its requirements for
34submission of specimens, samples and print impressions as soon
35as administratively practicable shall apply to all qualifying persons
36regardless of sentence imposed, including any sentence of death,
37life without the possibility of parole, or any life or indeterminate
38term, or any other disposition rendered in the case of an adult or
39juvenile tried as an adult, or whether the person is diverted, fined,
40or referred for evaluation, and regardless of disposition rendered
P4 1or placement made in the case of juvenile who is found to have
2committed any felony offense or is adjudicated under Section 602
3of the Welfare and Institutions Code.
4(c) The provisions of this chapter and its requirements for
5submission of specimens, samples, and print impressions as soon
6as administratively practicable by qualified persons as described
7in subdivision (a) shall apply regardless of placement or
8confinement in any mental hospital or other public or private
9treatment facility, and shall include, but not be limited to, the
10following persons, including juveniles:
11(1) Any person committed to a state hospital or other treatment
12facility as a mentally disordered sex offender under Article 1
13(commencing with Section 6300) of Chapter 2 of Part 2 of Division
146 of the Welfare and Institutions Code.
15(2) Any person who has a severe mental disorder as set forth
16within the provisions of Article 4 (commencing with Section 2960)
17of Chapter 7 of Title 1 of Part 3 of the Penal Code.
18(3) Any person found to be a sexually violent predator pursuant
19to Article 4 (commencing with Section 6600) of Chapter 2 of Part
202 of Division 6 of the Welfare and Institutions Code.
21(d) The provisions of this chapter are mandatory and apply
22whether or not the court advises a person, including any juvenile,
23that he or she must provide the data bank and database specimens,
24samples, and print impressions as a condition of probation, parole,
25or any plea of guilty, no contest, or not guilty by reason of insanity,
26or any admission to any of the offenses described in subdivision
28(e) If at any stage of court proceedings the prosecuting attorney
29determines that specimens, samples, and print impressions required
30by this chapter have not already been taken from any person, as
31defined under subdivision (a) of Section 296, the prosecuting
32attorney shall notify the court orally on the record, or in writing,
33and request that the court order collection of the specimens,
34samples, and print impressions required by law. However, a failure
35by the prosecuting attorney or any other law enforcement agency
36to notify the court shall not relieve a person of the obligation to
37provide specimens, samples, and print impressions pursuant to this
39(f) Prior to final disposition or sentencing in the case the court
40shall inquire and verify that the specimens, samples, and print
P5 1impressions required by this chapter have been obtained and that
2this fact is included in the abstract of judgment or dispositional
3order in the case of a juvenile. The abstract of judgment issued by
4the court shall indicate that the court has ordered the person to
5comply with the requirements of this chapter and that the person
6shall be included in the state’s DNA and Forensic Identification
7Data Base and Data Bank program and be subject to this chapter.
8However, failure by the court to verify specimen, sample, and
9print impression collection or enter these facts in the abstract of
10judgment or dispositional order in the case of a juvenile shall not
11invalidate an arrest, plea, conviction, or disposition, or otherwise
12relieve a person from the requirements of this chapter.
If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.