AB 818, as amended, Quirk. Criminal procedure: evidence.
Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. Existing law requires the motion to be granted if certain facts have been established, including, among others, that the identity of the perpetrator of the crime was, or should have been, a significant issue in the case.
This bill would authorize a party in a criminal action to make a written motion for the comparison of DNAbegin delete evidence,end deletebegin insert
evidence orend insert latent fingerprintbegin delete evidence, or firearms-relatedend delete evidence with information contained in relevant databases. The bill would require the party seeking the comparison to provide written notice, as specified, 30 court days prior to a hearing on the motion. The bill wouldbegin delete requireend deletebegin insert authorizeend insert the court to grant the motionbegin delete if, in the case of a DNA comparison,end deletebegin insert ifend insert the source of the DNA profilebegin insert or the latent fingerprint comparisonend insert
is material to guilt orbegin delete innocence, in the case of latent print comparison, the comparison may identify the putative perpetrator of the crime, or, in the case of firearms-related evidence comparison, the comparison may provide evidence that is material to guilt or innocence.end deletebegin insert innocence.end insert The bill would requirebegin delete thatend delete the local law enforcement agencybegin insert toend insert conduct the comparison and provide the results of any comparison to thebegin delete court. The bill would require the court, if the results are material, to disclose the results to the parties.end deletebegin insert
court for distribution to the parties.end insert By imposing additional duties on local law enforcement agencies with regard to evidence comparison, 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:
(a) The Legislature finds and declares both of
2the following:
3(1) One of the purposes of a criminal trial is the ascertainment
4of the truth of the charges against the accused person.
5Deoxyribonucleic acid (DNA) profile comparisons, latent
6fingerprint comparison, and firearms comparison evidence are
7commonly used in criminal proceedings to help identify the
8perpetrator of the crime. With these techniques, the evidence from
9a crime scene is compared with information stored in a database
10to determine whether the DNA profile or fingerprint matches a
11previously convicted person, who may then be identified as a begin delete12suspect, or whether firearms-related evidence appears to match
13firearms-related evidence used in another crime,
thereby potentially
14identifying a suspect.end delete
15known as the Combined DNA Index Systembegin delete (CODIS),end deletebegin insert (CODIS)
16andend insert the Integrated Automated Fingerprint Identification System
17begin delete (IAFIS), and the National Integrated Ballistic Information Network begin insert (IAFIS).end insert There are also local databases, including the
18(NIBIN).end delete
19Los Angeles Automated Fingerprint Identification Systembegin delete (LAFIS) begin insert
(LAFIS).end insert
P3 1and other databases that utilize an Integrated Ballistics
2Identification System (IBIS).end delete
3(2) Currently, a law enforcement agency on its own or at the
4request of the prosecuting attorney has the sole discretion to
5determine if evidence recovered from a crime scene is searched
6against any of these databases. A court does not have the power
7on its own to order a search of these databases even if a search
8will lead to relevant exculpatory evidence, helping prove that the
9person accused of a crime is being wrongfully prosecuted, or
10helping identify the actual perpetrator of the crime.
11(b) It is the intent of the Legislature that the act that added this
12section grant a court the authority to make a pretrial order to
13compare relevant evidence with information contained in these
14databases. It is further the intent of the Legislature that
the act that
15added this section will promote fairness and justice, will prevent
16wrongful convictions, and will ensure that the guilty are prosecuted
17and the innocent exonerated.
Section 1405.2 is added to the Penal Code, to read:
(a) (1) A party in a criminal action may make a written
20motion for the comparison of deoxyribonucleic acid (DNA)
21obtained from biological evidence in the case with DNA profiles
22contained in the State DNA Index System (SDIS) and, if
23appropriate, the National DNA Index System (NDIS).
24(2) This subdivision does not require a prosecuting attorney to
25file the motion described in paragraph (1) prior to comparing DNA
26obtained from biological evidence in a case with DNA profiles
27contained in SDIS or NDIS.
28(b) The party seeking the comparison shall provide written
29notice to the local law
enforcement agency and opposing counsel
3030 court days prior to a hearing on the motion.
31(c) The courtbegin delete shallend deletebegin insert mayend insert grant the motion for DNA comparison
32if it determines that the source of the DNA profile is material to
33guilt or innocence.
34(d) begin delete(1)end deletebegin delete end deleteIf the court grants the motion for DNA comparison, the
35court shall order the local law enforcement agency to conduct the
36comparison and order that the identity of any individuals whose
37DNA profile matched the DNA
submitted for comparison, if
38available, and a description of DNA profiles that matched the DNA
39submitted for comparison, if no identity is associated with the
P4 1matching DNA profile, be provided to thebegin delete court.end deletebegin insert court for
2distribution to the parties.end insert
3(2) The court shall review any results submitted pursuant to
4paragraph (1) and determine if the results are material. Upon a
5finding of materiality, the court shall disclose the results to the
6
parties.
Section 1405.3 is added to the Penal Code, to read:
(a) (1) A party in a criminal action may make a written
9motion for the comparison of latent print evidence in the case with
10fingerprints contained in the Integrated Automated Fingerprint
11Identification System (IAFIS) and in local fingerprint databases,
12including, but not limited to, the Los Angeles Automated
13Fingerprint Identification Systems (LAFIS).
14(2) This subdivision does not require a prosecuting attorney to
15file the motion described in paragraph (1) prior to comparing latent
16print evidence in a case with fingerprints contained in IAFIS or
17local fingerprint databases.
18(b) The party
seeking the comparison shall provide written
19notice to the local law enforcement agency and opposing counsel
2030 court days prior to a hearing on the motion.
21(c) The court shall grant the motion for latent print comparison
22if it determines that the comparison may identify the putative
23perpetrator of the crime.
24(c) The court may grant the motion for latent print comparison
25if it determines that the comparison is material to guilt or
26innocence.
27(d) begin delete(1)end deletebegin delete end deleteIf
the court grants the motion for latent print comparison,
28the court shall order the local law enforcement agency to conduct
29the comparison and order that the identity of any individuals whose
30fingerprints match the latent prints submitted for comparison be
31provided to thebegin delete court.end deletebegin insert court for distribution to the parties.end insert
32(2) The court shall review any results submitted pursuant to
33paragraph (1) and determine if the results are material. Upon a
34finding of materiality, the court shall disclose the results to the
35parties.
Section 1405.4 is added to the Penal Code, to read:
(a) (1) A party in a criminal action may make a written
38motion for the comparison of firearms-related evidence, including,
39but not limited to, cartridge casings, bullets, or firearms, in the
40case with firearms-related data contained in an Integrated Ballistics
P5 1Identification System (IBIS), the National Integrated Ballistic
2Information Network (NIBIN), or both.
3(2) This subdivision does not require a prosecuting attorney to
4file the motion described in paragraph (1) prior to comparing
5firearms-related evidence in a case with firearms-related data
6contained in an IBIS or the NIBIN.
7(b) The party seeking the comparison shall provide written
8notice to the local
law enforcement agency and opposing counsel
930 court days prior to a hearing on the motion.
10(c) The court shall grant the motion for firearms-related evidence
11comparison if it determines that the comparison may provide
12evidence that is material to guilt or innocence.
13(d) (1) If the court grants the motion for firearms-related
14evidence comparison, the court shall order the local law
15enforcement agency to conduct the comparison and order that the
16identity of any individual associated with firearms-related data
17that matched the firearms-related evidence submitted for
18comparison be provided to the court.
19(2) The court shall review any results submitted pursuant to
20paragraph (1) and determine if the results are material. Upon a
21finding of materiality, the court shall disclose the results to the
22
parties.
If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.
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