BILL NUMBER: AB 390 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Cooper
(Principal coauthor: Senator Galgiani)
(Coauthors: Assembly Members Cooley, Lackey, Obernolte, Perea,
Steinorth, and Wagner)
(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 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 misdemeanors
misdemeanors, if they have a prior conviction of other 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:
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 or attempt to
commit any felony offense described in Section 290, or any felony
offense that imposes upon a person the duty to register in California
as a sex offender under Section 290.
(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
facility or program by a court after being charged with any felony
offense.
(4) Any person, excluding a juvenile, who has a prior
misdemeanor conviction of Section 136.1, 136.5, 171b, or 186.28,
subdivision (b), (c), or (d) of Section 243, Section 243.4, 244.5,
245, 245.5, 417, 417.6, 422, 646.9, or 25300, subdivision (d) of
Section 26100, or Section 32625, and who is convicted of, or
pleads guilty or no contest to, any of the following offenses:
(A) A misdemeanor violation of Section 459.5.
(B) Any misdemeanor punishable pursuant to subdivision (b) of
Section 473.
(C) A violation of subdivision (a) of Section 476a that is
punishable as a misdemeanor pursuant to subdivision (b) of Section
476a.
(D) A violation of Section 487 that is punishable as a misdemeanor
pursuant to Section 490.2.
(E) A violation of Section 496 that is punishable as a
misdemeanor.
(F) A misdemeanor violation of subdivision (a) of Section 11350 of
the Health and Safety Code.
(G) A misdemeanor violation of subdivision (a) of Section 11357 of
the Health and Safety Code.
(H) A misdemeanor violation of subdivision (a) of Section 11377 of
the Health and Safety Code.
(I) A misdemeanor violation of Section 666.
(5) The term "felony" as used in this subdivision includes an
attempt to commit the offense.
(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 nonqualifying 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 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 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.