BILL ANALYSIS Ó AB 390 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 390 (Cooper) - As Amended April 6, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill includes individuals convicted of specified misdemeanors (such as shoplifting, forgery, check fraud, etc.) to the list of convicted individuals who must provide buccal AB 390 Page 2 swab samples (DNA), right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples, for law enforcement identification analysis. FISCAL EFFECT: 1)Potential reimbursable state mandated costs in the hundreds of thousands (GF) for the additional requirements on misdemeanors offenses. Some of these costs may not be covered under Proposition 69 funding because the misdemeanors identified in this bill were not violent felonies. 2)Minor absorbable costs to the Department of Justice. COMMENTS: 1)Purpose. According to the author, "AB 390 will allow for restoration of DNA sample collection for crimes which were previously felonies but were reclassified as misdemeanors by Proposition 47. The passage of Proposition 47 created an unintended consequence which will limit the ability of law enforcement to solve rapes, murders, robberies and other serious and violent crimes through reliable DNA evidence. With one of the largest databases in the world, California has been able to accurately identify those who have committed prior unsolved violent crimes. This has benefitted the people of California by allowing for the introduction of reliable scientific evidence that provides powerful proof of identity, both in exonerating some individuals and convicting others." "AB 390 reaffirms Proposition 69 by making the criminal justice system more reliable and more just through accurate AB 390 Page 3 and expeditious identification using DNA of recidivist criminal offenders, and by focusing investigations on existing unsolved rapes, murders, robberies and other serious and violent cases." 2)Proposition 69: Proposition 69 was passed by the voters in 2004. That proposition expanded the categories of people required to provide DNA samples for law enforcement identification analysis to include any adult person arrested or charged with any felony offense. Proposition 69 provided for an expungement process for those individuals who were not convicted of a qualifying offense and had no prior qualifying offense. 3)Proposition 47, passed by the voters in 2014, provided that certain offense can only be charged and punished as misdemeanors. The offenses that were affected were predominantly "wobblers" an offense which can be charged as a felony, or a misdemeanor, at the discretion of the district attorney's office responsible for charging the crime. The only offense affected by Proposition 47 that was chargeable exclusively as a felony was possession of specified drugs, primarily cocaine. The proposed legislation requires that DNA samples be taken from individuals convicted of misdemeanors that were all affected by Prop. 47. Given that these offenses were wobblers (except possession of cocaine), an individual arrested for one of these offenses, could have been arrested for a felony or a misdemeanor, at the discretion of the arresting officer or the district attorney's offices responsible for making charging decisions. Thus, many instances covered by the proposed legislation would not have triggered DNA collection prior to Proposition 47. 4)Argument in Support. According to the California Peace Officers Association (CPOA), "AB 390 will enhance California's DNA Fingerprint, Unsolved Crime and Innocent Protection Act to AB 390 Page 4 include specified misdemeanor convictions subject to DNA sample database collection when such crimes are committed by adult offenders. Solving rapes, murders, and other serious or violent crimes through reliable DNA evidence will help keep neighborhoods safe from dangerous recidivist offenders who would otherwise remain undetected. The Association for Los Angeles Deputy Sheriffs, the Association of Deputy District Attorneys, the California Association of Code Enforcement Officers, the California College and University Police Chiefs Association, the California Narcotic Officers Association, the Los Angeles Police Protective League and the Riverside Sheriffs Association are all in favor of Assembly Bill 390. We commend you for bringing this bill forward." 1)Argument in Opposition. According to The American Civil Liberties Union of California, "AB 390 is an unnecessary invasion of our privacy and undermines the will of California voters who, by passing Proposition 47, determined that the minor crimes targeted by AB 390 should not be treated like felonies. 2)Related Legislation: AB 84 (Gatto), in this committee, expands the collection of DNA samples to include persons convicted of specified misdemeanors; authorizes samples collected during felony arrests to be forwarded to Department of Justice (DOJ) upon a judicial finding of probable cause, if the California Supreme Court upholds the decision in People v. Buza; and streamlines the process to expunge DNA samples and profiles, if the California Supreme Court upholds the decision in People v. Buza. Analysis Prepared by:Pedro R. Reyes / APPR. / (916) 319-2081 AB 390 Page 5