Amended in Senate June 29, 2015

Amended in Assembly April 30, 2015

Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1492

Introduced by Assembly Member begin delete Low end delete begin insert Gatto end insert

begin insert

(Coauthor: Assembly Member Atkins)

end insert

February 27, 2015

An act to begin delete amend Sections 5100, 5151, 18201, 18202, 18203, 18204, 18600, 18601, 18603, 18604, 18610, 18611, 18612, 18613, 18614, 18620, 18621, 18622, 18630, 18631, 18640, 18650, 18660, and 18661 of, and to add Section 338.5 to, the Elections Code, relating to elections. end delete begin insert amend Section 300 of, and to amend and add Sections 296, 298, and 299 of, the Penal Code, relating to DNA samples. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1492, as amended, begin delete Low end delete   begin insert Gatto end insert . begin delete Elections: in-lieu-filing-fee and political party qualification petitions: penal provisions. end delete begin insert Forensic testing: DNA samples. end insert

begin insert

(1) Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election (the DNA Act) requires any adult person who is arrested or charged with any 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 requires that blood specimens and buccal swab samples be forwarded promptly to the Department of Justice for analysis. Existing case law, People v. Buza (2014) 231 Cal.App.4th 1446, for which review has been granted by the California Supreme Court, holds that the DNA Act, to the extent it requires felony arrestees to submit to a DNA sample for law enforcement analysis and inclusion in the state and federal DNA databases, without independent suspicion, a warrant, or a judicial or grand jury determination of probable cause, unreasonably intrudes on the arrestee’s expectation of privacy and is invalid under the California Constitution. The DNA Act provides that it may be amended by a statute passed by each house of the Legislature that furthers the purpose of the measure.

end insert begin insert

This bill would state that it is the intention of the Legislature to further the purposes of the DNA Act in light of the above-specified case law. The bill would, if the California Supreme Court rules to uphold People v. Buza, limit the above-specified requirements to persons arrested for specified sex offenses or serious or violent felonies. The bill would, if the California Supreme Court rules to uphold People v. Buza, require that a blood specimen or buccal swab sample taken from a person arrested for the commission of a felony be forwarded to the department after a judicial determination of probable cause to believe the person has committed the offense for which he or she was arrested has been made.

end insert begin insert

(2) Existing law, as amended by the DNA Act, requires that a DNA specimen and sample be destroyed and that a searchable database profile be expunged from that databank program if the person from whom the specimen or sample was collected has no past or present offense or pending charge which qualifies that person for inclusion in the database and if that person submits an application, as specified. Existing law gives the court discretion to grant or deny the application.

end insert begin insert

This bill would, if the California Supreme Court rules to uphold People v. Buza, require the DNA specimen and sample to be destroyed and the searchable database profile expunged from the database without the requirement of an application.

end insert begin insert

(3) Existing law, as amended by the DNA Act, states that its provisions do not prohibit collection and analysis of specimens, samples, or print impressions as a condition of a plea for an offense that does not require the taking of samples and specimens.

end insert begin insert

The bill would state that it is the intent of the Legislature to allow buccal swab samples to be taken for DNA analysis as a condition of a plea or reduction or dismissal of charges. The bill would permit a law enforcement agency to use any publicly available database to aid in the investigation of a crime.

end insert begin delete

Existing law authorizes a political party to qualify to participate in a primary election if specified requirements are met, including the filing with the Secretary of State of a petition signed by voters declaring that the voters represent a proposed party desiring to participate in that primary election.

end delete begin delete

This bill would define the term “political party qualification petition” for these purposes to mean a petition circulated to qualify a political party in accordance with existing procedures.

end delete begin delete

Existing law provides that a person committing specified acts relating to the circulation, subscription, or signature of an initiative, referendum, or recall petition is guilty of a misdemeanor or felony subject to a fine, imprisonment, or both that fine and imprisonment.

end delete begin delete

This bill would additionally provide that a person committing these specified acts in relation to the circulation, subscription, or signature of a political party qualification petition would be subject to the above penal provisions. By creating additional crimes, this bill would impose a state-mandated local program.

end delete begin delete

Existing law authorizes a candidate to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law also provides that a person who commits specified fraudulent or deliberate acts relating to the filing of a nomination paper or declaration of candidacy is guilty of a misdemeanor subject to a fine, imprisonment, or both that fine and imprisonment.

end delete begin delete

This bill would additionally provide that a person committing these specified acts in relation to the submission of an in-lieu-filing-fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program. The bill would also make nonsubstantive changes to these provisions.

end delete begin delete

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.

end delete begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

It is the intent of the Legislature to limit the
analysis of buccal swab samples and blood samples taken from
felony arrestees for purposes of DNA analysis only to the extent
required by the decision in People v. Buza, and to further the
purposes of the DNA Fingerprint, Unsolved Crime and Innocence
Protection Act, Proposition 69, approved by the voters at the
November 2, 2004, statewide general election, in light of that
decision.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

It is the intent of the Legislature to allow buccal swab
samples to be taken for DNA analysis as a condition of a plea or
reduction or dismissal of charges, provided that all uses of the
DNA sample have been disclosed to the defendant in writing, that
consent has been obtained in writing, and that the defendant has
signed a written agreement allowing his or her buccal swap sample
or blood sample to be taken for DNA analysis. It is the intent of
the Legislature that buccal swab samples taken as a condition of
a plea or reduction or dismissal of charges be done on the basis
of individualized consideration.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 296 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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 begin delete 1 of the fifth year following
enactment of the act that added this subparagraph, as amended end delete begin insert 1,
2009 end insert , 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) The term “felony” as used in this subdivision includes an
attempt to commit the offense.

(5)  begin delete Nothing in this chapter shall be construed as prohibiting end delete
begin insert This chapter does not prohibit end insert collection and analysis of specimens,
samples, or print impressions as a condition of a plea for a
begin delete non-qualifying end delete begin insert nonqualifying end insert offense.

(b) The provisions of this chapter and its requirements for
submission of specimens, begin delete samples end delete begin insert samples, end insert and print impressions
as soon as administratively practicable shall apply to all qualifying
persons regardless of sentence imposed, including begin delete any end delete begin insert a end insert sentence
of death, life without the possibility of parole, or begin delete any end delete begin insert a end insert life or
indeterminate term, or begin delete any end delete 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 begin insert a end insert 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 begin insert former end insert 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 begin delete data bank end delete begin insert databank end insert 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
begin delete Data Base end delete begin insert Database end insert and begin delete Data Bank program end delete begin insert Databank Program end insert
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.

begin insert

(g)  This section shall become inoperative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 296 of the Penal Code, as amended
by Section 3 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, general election, in which case this
section shall become inoperative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 296 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 296. end insert   

(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) Any adult person arrested or charged with a felony offense
specified in subdivision (c) of Section 667.5 or subdivision (c) of
Section 1192.7.

(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) The term “felony” as used in this subdivision includes an
attempt to commit the offense.

(5) This chapter does not prohibit collection and analysis of
specimens, samples, or print impressions as a condition of a plea
for a 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 a sentence of death, life
without the possibility of parole, or a life or indeterminate term,
or 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 former 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
Databse and Databank 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.

(g) This section shall only become operative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 296 of the Penal Code, as amended
by Section 3 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, general election, in which case this
section shall become operative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 298 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

298.  

(a) The begin delete Director of Corrections end delete begin insert Secretary of the
Department of Corrections and Rehabilitation end insert , or the Chief
Administrative Officer of the detention facility, jail, or other facility
at which the blood specimens, buccal swab samples, and thumb
and palm print impressions were collected shall cause these
specimens, samples, and print impressions to be forwarded
promptly to the Department of Justice. The specimens, samples,
and print impressions shall be collected by a person using a
Department of Justice approved collection kit and in accordance
with the requirements and procedures set forth in subdivision (b).

(b) (1) The Department of Justice shall provide all blood
specimen vials, buccal swab collectors, mailing tubes, labels, and
instructions for the collection of the blood specimens, buccal swab
samples, and thumbprints. The specimens, samples, and
thumbprints shall thereafter be forwarded to the DNA Laboratory
of the Department of Justice for analysis of DNA and other forensic
identification markers.

Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints. The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file
for identification purposes.

(2) The withdrawal of blood shall be performed in a medically
approved manner. Only health care providers trained and certified
to draw blood may withdraw the blood specimens for purposes of
this section.

(3) Buccal swab samples may be procured by law enforcement
or corrections personnel or other individuals trained to assist in
buccal swab collection.

(4) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of
Justice. The palm print forms shall be forwarded to and maintained
by the Bureau of Criminal Identification and Information of the
Department of Justice. Right thumbprints also shall be taken at
the time of the collection of samples and specimens and shall be
placed on the sample and specimen containers and forms as
directed by the Department of Justice. The samples, specimens,
and forms shall be forwarded to and maintained by the DNA
Laboratory of the Department of Justice.

(5) The law enforcement or custodial agency collecting
specimens, samples, or print impressions is responsible for
confirming that the person qualifies for entry into the Department
of Justice DNA Database and begin delete Data Bank end delete begin insert Databank end insert Program prior
to collecting the specimens, samples, or print impressions pursuant
to this chapter.

(6) The DNA Laboratory of the Department of Justice is
responsible for establishing procedures for entering begin delete data bank end delete
begin insert databank end insert and database information.

(c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the begin delete data bank end delete begin insert databank end insert or
database shall not be civilly or criminally liable either for
withdrawing blood when done in accordance with medically
accepted procedures, or for obtaining buccal swab samples by
scraping inner cheek cells of the mouth, or thumb or palm print
impressions when performed in accordance with standard
professional practices.

(2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in confirming a person’s or sample’s
qualifying status for inclusion within the database or begin delete data bank end delete
begin insert databank end insert or in placing an entry in a begin delete data bank end delete begin insert databank end insert or a
database.

(3) The failure of the Department of Justice or local law
enforcement to comply with Article 4 or any other provision of
this chapter shall not invalidate an arrest, plea, conviction, or
disposition.

begin insert

(d) This section shall become inoperative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 298 of the Penal Code, as amended
by Section 6 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, statewide general election, in which case
this section shall become inoperative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 298 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 298. end insert   

(a) (1) The Secretary of the Department of Corrections
and Rehabilitation, or the Chief Administrative Officer of the
detention facility, jail, or other facility at which the blood
specimens, buccal swab samples, and thumb and palm print
impressions were collected shall cause these specimens, samples,
and print impressions to be forwarded promptly to the Department
of Justice, except that a blood specimen or buccal swab sample
taken from a person arrested for the commission of a felony as
specified in paragraph (2) of subdivision (a) of Section 296 shall
be forwarded to the Department of Justice after a judicial
determination of probable cause to believe the person has
committed the offense for which he or she was arrested has been
made pursuant to Section 825. The specimens, samples, and print
impressions shall be collected by a person using a Department of
Justice approved collection kit and in accordance with the
requirements and procedures set forth in subdivision (b).

(2) A blood specimen or buccal swab sample taken from a
person arrested for the commission of a felony as specified in
paragraph (2) of subdivision (a) of Section 296 that has not been
forwarded to the Department of Justice within six months following
the arrest of that person because the agency that took the blood
specimen or buccal swab sample has not received notice to forward
the DNA specimen or sample to the Department of Justice for
inclusion in the state’s DNA and Forensic Identification Database
and Databank Program pursuant to paragraph (1) following a
determination of probable cause, shall be destroyed by the agency
that collected the blood specimen or buccal swab sample.

(b) (1) The Department of Justice shall provide all blood
specimen vials, buccal swab collectors, mailing tubes, labels, and
instructions for the collection of the blood specimens, buccal swab
samples, and thumbprints. The specimens, samples, and
thumbprints shall thereafter be forwarded to the DNA Laboratory
of the Department of Justice for analysis of DNA and other forensic
identification markers.

Additionally, the Department of Justice shall provide all full
palm print cards, mailing envelopes, and instructions for the
collection of full palm prints. The full palm prints, on a form
prescribed by the Department of Justice, shall thereafter be
forwarded to the Department of Justice for maintenance in a file
for identification purposes.

(2) The withdrawal of blood shall be performed in a medically
approved manner. Only health care providers trained and certified
to draw blood may withdraw the blood specimens for purposes of
this section.

(3) Buccal swab samples may be procured by law enforcement
or corrections personnel or other individuals trained to assist in
buccal swab collection.

(4) Right thumbprints and a full palm print impression of each
hand shall be taken on forms prescribed by the Department of
Justice. The palm print forms shall be forwarded to and maintained
by the Bureau of Criminal Identification and Information of the
Department of Justice. Right thumbprints also shall be taken at
the time of the collection of samples and specimens and shall be
placed on the sample and specimen containers and forms as
directed by the Department of Justice. The samples, specimens,
and forms shall be forwarded to and maintained by the DNA
Laboratory of the Department of Justice.

(5) The law enforcement or custodial agency collecting
specimens, samples, or print impressions is responsible for
confirming that the person qualifies for entry into the Department
of Justice DNA and Forensic Identification Database and Databank
Program prior to collecting the specimens, samples, or print
impressions pursuant to this chapter.

(6) The DNA Laboratory of the Department of Justice is
responsible for establishing procedures for entering databank and
database information.

(c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the databank or database
shall not be civilly or criminally liable either for withdrawing
blood when done in accordance with medically accepted
procedures, or for obtaining buccal swab samples by scraping
inner cheek cells of the mouth, or thumb or palm print impressions
when performed in accordance with standard professional
practices.

(2) There is no civil or criminal cause of action against any law
enforcement agency or the Department of Justice, or any employee
thereof, for a mistake in confirming a person’s or sample’s
qualifying status for inclusion within the database or databank or
in placing an entry in a databank or a database.

(3) The failure of the Department of Justice or local law
enforcement to comply with Article 4 or any other provision of
this chapter shall not invalidate an arrest, plea, conviction, or
disposition.

(d) This section shall only become operative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 298 of the Penal Code, as amended
by Section 6 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, statewide general election, in which case
this section shall become operative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 299 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

299.  

(a) A person whose DNA profile has been included in
the begin delete data bank end delete begin insert databank end insert pursuant to this chapter shall have his or
her DNA specimen and sample destroyed and searchable database
profile expunged from the begin delete data bank end delete begin insert databank end insert program pursuant
to the procedures set forth in subdivision (b) if the person has no
past or present offense or pending charge which qualifies that
person for inclusion within the state’s DNA and Forensic
Identification Database and begin delete Data Bank end delete begin insert Databank end insert Program and
there otherwise is no legal basis for retaining the specimen or
sample or searchable profile.

(b) Pursuant to subdivision (a), a person who has no past or
present qualifying offense, and for whom there otherwise is no
legal basis for retaining the specimen or sample or searchable
profile, may make a written request to have his or her specimen
and sample destroyed and searchable database profile expunged
from the begin delete data bank program if: end delete begin insert databank program if any of the
following apply: end insert

(1) Following arrest, no accusatory pleading has been filed
within the applicable period allowed by law charging the person
with a qualifying offense as set forth in subdivision (a) of Section
296 or if the charges which served as the basis for including the
DNA profile in the state’s DNA begin insert and Forensic Identification end insert
Database and begin delete Data Bank Identification end delete begin insert Databank end insert Program have
been dismissed prior to adjudication by a trier of fact;

(2) The underlying conviction or disposition serving as the basis
for including the DNA profile has been reversed and the case
dismissed;

(3) The person has been found factually innocent of the
underlying offense pursuant to Section 851.8, or Section 781.5 of
the Welfare and Institutions Code; or

(4) The defendant has been found not guilty or the defendant
has been acquitted of the underlying offense.

(c) (1) The person requesting the begin delete data bank end delete begin insert databank end insert entry to
be expunged must send a copy of his or her request to the trial
court of the county where the arrest occurred, or that entered the
conviction or rendered disposition in the case, to the DNA
Laboratory of the Department of Justice, and to the prosecuting
attorney of the county in which he or she was arrested or,
convicted, or adjudicated, with proof of service on all parties. The
court has the discretion to grant or deny the request for
expungement. The denial of a request for expungement is a
nonappealable order and shall not be reviewed by petition for writ.

(2) Except as provided begin delete below, end delete begin insert in this section, end insert the Department
of Justice shall destroy a specimen and sample and expunge the
searchable DNA database profile pertaining to the person who has
no present or past qualifying offense of record upon receipt of a
court order that verifies the applicant has made the necessary
showing at a noticed hearing, and that includes all of the following:

(A) The written request for expungement pursuant to this
section.

(B) A certified copy of the court order reversing and dismissing
the conviction or case, or a letter from the district attorney
certifying that no accusatory pleading has been filed or the charges
which served as the basis for collecting a DNA specimen and
sample have been dismissed prior to adjudication by a trier of fact,
the defendant has been found factually innocent, the defendant has
been found not guilty, the defendant has been acquitted of the
underlying offense, or the underlying conviction has been reversed
and the case dismissed.

(C) Proof of written notice to the prosecuting attorney and the
Department of Justice that expungement has been requested.

(D) A court order verifying that no retrial or appeal of the case
is pending, that it has been at least 180 days since the defendant
or minor has notified the prosecuting attorney and the Department
of Justice of the expungement request, and that the court has not
received an objection from the Department of Justice or the
prosecuting attorney.

(d) Upon order from the court, the Department of Justice shall
destroy any specimen or sample collected from the person and any
searchable DNA database profile pertaining to the person, unless
the department determines that the person is subject to the
provisions of this chapter because of a past qualifying offense of
record or is or has otherwise become obligated to submit a blood
specimen or buccal swab sample as a result of a separate arrest,
conviction, juvenile adjudication, or finding of guilty or not guilty
by reason of insanity for an offense described in subdivision (a)
of Section 296, or as a condition of a plea.

The Department of Justice is not required to destroy analytical
data or other items obtained from a blood specimen or saliva, or
buccal swab sample, if evidence relating to another person subject
to the provisions of this chapter would thereby be destroyed or
otherwise compromised.

Any identification, warrant, probable cause to arrest, or arrest
based upon a begin delete data bank end delete begin insert databank end insert or database match is not
invalidated due to a failure to expunge or a delay in expunging
records.

(e) Notwithstanding any other begin delete provision of end delete law, the Department
of Justice DNA Laboratory is not required to expunge DNA profile
or forensic identification information or destroy or return
specimens, samples, or print impressions taken pursuant to this
section if the duty to register under Section 290 or 457.1 is
terminated.

(f) Notwithstanding any other begin delete provision of end delete law, including
Sections 17, begin insert 1170.18, end insert 1203.4, and 1203.4a, a judge is not
authorized to relieve a person of the separate administrative duty
to provide specimens, samples, or print impressions required by
this chapter if a person has been found guilty or was adjudicated
a ward of the court by a trier of fact of a qualifying offense as
defined in subdivision (a) of Section 296, or was found not guilty
by reason of insanity or pleads no contest to a qualifying offense
as defined in subdivision (a) of Section 296.

begin insert

(g) This section shall become inoperative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 299 of the Penal Code, as amended
by Section 9 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, statewide general election, in which case
this section shall become inoperative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 299 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 299. end insert   

(a) A person whose DNA profile has been included in the
databank pursuant to this chapter shall have his or her DNA
specimen and sample destroyed and searchable database profile
expunged from the databank program if the person has no past or
present offense or pending charge which qualifies that person for
inclusion within the state’s DNA and Forensic Identification
Database and Databank Program and there otherwise is no legal
basis for retaining the specimen or sample or searchable profile.

(b) Pursuant to subdivision (a), a person who has no past or
present qualifying offense, and for whom there otherwise is no
legal basis for retaining the specimen or sample or searchable
profile shall have his or her specimen and sample destroyed and
searchable database profile expunged from the databank program
if any of the following apply:

(1) Following arrest, no accusatory pleading has been filed
within the applicable period allowed by law charging the person
with a qualifying offense as set forth in subdivision (a) of Section
296 or if the charges which served as the basis for including the
DNA profile in the state’s DNA and Forensic Identification
Database and Databank Program have been dismissed prior to
adjudication by a trier of fact, in which case the district attorney
shall submit a letter to the Department of Justice as soon as these
conditions have been met.

(2) The underlying conviction or disposition serving as the basis
for including the DNA profile has been reversed and the case
dismissed, in which case the court shall forward its order to the
Department of Justice upon disposition of the case.

(3) The person has been found factually innocent of the
underlying offense pursuant to Section 851.8, or Section 781.5 of
the Welfare and Institutions Code, in which case the court shall
forward its order to the Department of Justice upon disposition
of the case.

(4) The defendant has been found not guilty or the defendant
has been acquitted of the underlying offense, in which case the
court shall forward its order to the Department of Justice upon
disposition of the case.

(c) Except as provided in this section, the Department of Justice
shall destroy a specimen and sample and expunge the searchable
DNA database profile pertaining to the person who has no present
or past qualifying offense of record upon receipt of the following:

(1) A certified copy of the court order reversing and dismissing
the conviction or case, or a letter from the district attorney
certifying that no accusatory pleading has been filed or the charges
which served as the basis for collecting a DNA specimen and
sample have been dismissed prior to adjudication by a trier of
fact, the defendant has been found factually innocent, the defendant
has been found not guilty, the defendant has been acquitted of the
underlying offense, or the underlying conviction has been reversed
and the case dismissed.

(2) A court order verifying that no retrial or appeal of the case
is pending.

(d) Upon order from the court, the Department of Justice shall
destroy any specimen or sample collected from the person and any
searchable DNA database profile pertaining to the person, unless
the department determines that the person is subject to the
provisions of this chapter because of a past qualifying offense of
record or is or has otherwise become obligated to submit a blood
specimen or buccal swab sample as a result of a separate arrest,
conviction, juvenile adjudication, or finding of guilty or not guilty
by reason of insanity for an offense described in subdivision (a)
of Section 296, or as a condition of a plea.

The Department of Justice is not required to destroy analytical
data or other items obtained from a blood specimen or saliva, or
buccal swab sample, if evidence relating to another person subject
to the provisions of this chapter would thereby be destroyed or
otherwise compromised.

Any identification, warrant, probable cause to arrest, or arrest
based upon a databank or database match is not invalidated due
to a failure to expunge or a delay in expunging records.

(e) Notwithstanding any other law, the Department of Justice
DNA Laboratory is not required to expunge DNA profile or
forensic identification information or destroy or return specimens,
samples, or print impressions taken pursuant to this section if the
duty to register under Section 290 or 457.1 is terminated.

(f) Notwithstanding any other law, including Sections 17,
1170.18, 1203.4, and 1203.4a, a judge is not authorized to relieve
a person of the separate administrative duty to provide specimens,
samples, or print impressions required by this chapter if a person
has been found guilty or was adjudicated a ward of the court by
a trier of fact of a qualifying offense as defined in subdivision (a)
of Section 296, or was found not guilty by reason of insanity or
pleads no contest to a qualifying offense as defined in subdivision
(a) of Section 296.

(g) This section shall only become operative if the California
Supreme Court rules to uphold the California Court of Appeal
decision in People v. Buza (2014) 231 Cal.App.4th 1446 in regard
to the provisions of Section 299 of the Penal Code, as amended
by Section 9 of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, Proposition 69, approved by the voters
at the November 2, 2004, statewide general election, in which case
this section shall become operative immediately upon that ruling
becoming final.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 300 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

300.  

begin delete Nothing in this chapter shall end delete begin insert (a) end insert begin insert   end insert begin insert This chapter does not end insert
limit or abrogate any existing authority of law enforcement officers
to take, maintain, store, and utilize DNA or forensic identification
markers, blood specimens, buccal swab samples, saliva samples,
or thumb or palm print impressions for identification purposes.

begin insert

(b) A law enforcement agency may use a publicly available
database, excluding a law enforcement database that is not linked
to the Combined DNA Index System (CODIS), if the case being
investigated involves a homicide or sexual assault involving force
and the case is unsolved and all investigative leads have been
exhausted, in which case the law enforcement agency shall review
nonforensic information in order to identify additional evidence
bearing on relatedness.

end insert

begin delete

SECTION 1.  

Section 338.5 is added to the Elections Code, to
read:

338.5.  

“Political party qualification petition” means a petition
circulated to qualify a political party in accordance with Division
5 (commencing with Section 5000).

SEC. 2.  

Section 5100 of the Elections Code is amended to read:

5100.  

A party is qualified to participate in a primary election
under any of the following conditions:

(a) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party
on the ballot was at least 2 percent of the entire vote of the state
for that office.

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the Secretary of State in writing of that candidate’s name
by the seventh day before the gubernatorial primary election.

(b) On or before the 135th day before a primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their declared political
preference transmitted to him or her by the county elections
officials, that voters equal in number to at least 0.33 percent of the
total number of voters registered on the 154th day before the
primary election have declared their preference for that party.

(c) On or before the 135th day before a primary election, there
is filed with the Secretary of State a political party qualification
petition signed by voters, equal in number to at least 10 percent
of the entire vote of the state at the last preceding gubernatorial
election, declaring that the voters signing the petition support
qualification of a proposed party, the name of which shall be stated
in the petition, which proposed party those voters desire to have
participate in that primary election. The petition shall be circulated,
signed, and verified, and the signatures of the voters on it shall be
certified to and transmitted to the Secretary of State by the county
elections officials substantially as provided for initiative petitions.
Each page of the petition shall bear a caption in 18-point boldface
type, which caption shall be the name of the proposed party
followed by the words “Petition to participate in the primary
election.”

SEC. 3.  

Section 5151 of the Elections Code is amended to read:

5151.  

A party is qualified to participate in a presidential general
election under any of the following conditions:

(a) The party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party
on the ballot was at least 2 percent of the entire vote of the state
for that office.

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the Secretary of State in writing of that candidate’s name
by the seventh day before the gubernatorial primary election.

(c) If, on or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their declared
political preference transmitted to him or her by the county
elections officials, that voters equal in number to at least 0.33
percent of the total number of voters registered on the 123rd day
before the presidential general election have declared their
preference for that party.

(d) On or before the 135th day before a presidential general
election, there is filed with the Secretary of State a political party
qualification petition signed by voters, equal in number to at least
10 percent of the entire vote of the state at the last preceding
gubernatorial election, declaring that the voters signing the petition
support qualification of a proposed party, the name of which shall
be stated in the petition, which proposed party those voters desire
to have participate in that presidential general election. The petition
shall be circulated, signed, and verified, and the signatures of the
voters on it shall be certified to and transmitted to the Secretary
of State by the county elections officials substantially as provided
for initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words “Petition to participate in
the presidential general election.”

SEC. 4.  

Section 18201 of the Elections Code is amended to
read:

18201.  

A person who falsely makes or fraudulently defaces or
destroys all or any part of a nomination paper or an
in-lieu-filing-fee petition is punishable by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or by both that fine and imprisonment.

SEC. 5.  

Section 18202 of the Elections Code is amended to
read:

18202.  

A person who, acting on behalf of a candidate,
deliberately fails to file at the proper time and in the proper place
a nomination paper, in-lieu-filing-fee petition, or declaration of
candidacy in his or her possession that is entitled to be filed under
this code is guilty of a misdemeanor.

SEC. 6.  

Section 18203 of the Elections Code is amended to
read:

18203.  

A person who files or submits for filing a nomination
paper, in-lieu-filing-fee petition, or declaration of candidacy
knowing that it or any part of it has been made falsely is punishable
by a fine not exceeding one thousand dollars ($1,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or by both that
fine and imprisonment.

SEC. 7.  

Section 18204 of the Elections Code is amended to
read:

18204.  

A person who willfully suppresses all or any part of a
nomination paper, in-lieu-filing-fee petition, or declaration of
candidacy either before or after filing is punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16 months or two or three years, or by both that fine and
imprisonment.

SEC. 8.  

Section 18600 of the Elections Code is amended to
read:

18600.  

A person is guilty of a misdemeanor who:

(a) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, referendum, recall, or political party qualification
petition, intentionally misrepresents or intentionally makes any
false statement concerning the contents, purport, or effect of the
petition to any person who signs, or who desires to sign, or who
is requested to sign, or who makes inquiries with reference to it,
or to whom it is presented for his or her signature.

(b) Willfully and knowingly circulates, publishes, or exhibits
any false statement or misrepresentation concerning the contents,
purport, or effect of any state or local initiative, referendum, recall,
or political party qualification petition for the purpose of obtaining
any signature to, or persuading or influencing any person to sign,
that petition.

(c) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, or political party qualification petition intentionally
makes any false statement in response to any inquiry by any voter
as to whether he or she is a paid signature gatherer or a volunteer.

SEC. 9.  

Section 18601 of the Elections Code is amended to
read:

18601.  

(a) A person working for the proponent or proponents
of an initiative or referendum measure, recall petition, or political
party qualification petition who refuses to allow a prospective
signer to read the measure or petition is guilty of a misdemeanor.

(b) An arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.

SEC. 10.  

Section 18603 of the Elections Code is amended to
read:

18603.  

A person who offers or gives money or other valuable
consideration to another in exchange for his or her signature on a
state, county, municipal, or district initiative, referendum, recall,
or political party qualification petition is guilty of a misdemeanor.

SEC. 11.  

Section 18604 of the Elections Code is amended to
read:

18604.  

Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with
Section 18640), Article 6 (commencing with Section 18650), or
Article 7 (commencing with Section 18660), the court may order
as a condition of probation that the convicted person be prohibited
from receiving money or other valuable consideration for gathering
signatures on an initiative, referendum, recall, or political party
qualification petition.

SEC. 12.  

Section 18610 of the Elections Code is amended to
read:

18610.  

A person who solicits a circulator to affix a false or
forged signature, or to cause or permit a false or forged signature
to be affixed, to an initiative, referendum, recall, or political party
qualification petition is guilty of a misdemeanor.

SEC. 13.  

Section 18611 of the Elections Code is amended to
read:

18611.  

A person who circulates or causes to be circulated an
initiative, referendum, recall, or political party qualification petition
knowing it to contain false, forged, or fictitious names is punishable
by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and imprisonment.

SEC. 14.  

Section 18612 of the Elections Code is amended to
read:

18612.  

A person who knowingly signs his or her own name
more than once to an initiative, referendum, recall, or political
party qualification petition, or signs his or her name to that petition
knowing at the time of signing that he or she is not qualified to
sign it, is guilty of a misdemeanor.

SEC. 15.  

Section 18613 of the Elections Code is amended to
read:

18613.  

A person who subscribes to an initiative, referendum,
recall, or political party qualification petition a fictitious name, or
who subscribes to the petition the name of another, or who causes
another to subscribe such a name to that petition, is guilty of a
felony and is punishable by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for two, three, or four years.

SEC. 16.  

Section 18614 of the Elections Code is amended to
read:

18614.  

A person who files in the office of the elections official
or other officer designated by law to receive the filing, an initiative,
referendum, recall, or political party qualification petition to which
is attached, appended, or subscribed any signature that the person
filing the petition or measure knows to be false or fraudulent, or
not the genuine signature of the person whose name it purports to
be, is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years, or in
a county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 17.  

Section 18620 of the Elections Code is amended to
read:

18620.  

A person who seeks, solicits, bargains for, or obtains
any money, thing of value, or advantage of or from any person,
firm, or corporation for the purpose or represented purpose of
fraudulently inducing, persuading, or seeking the proponent or
proponents of an initiative or referendum measure, recall petition,
or political party qualification petition to (a) abandon the measure
or petition, (b) fail, neglect, or refuse to file in the office of the
elections official or other officer designated by law, within the
time required by law, the initiative or referendum measure, recall
petition, or political party qualification petition after securing the
number of signatures required to qualify the measure or petition,
(c) stop the circulation of the initiative or referendum measure,
recall petition, or political party qualification petition, or (d)
perform any act that will prevent or aid in preventing the initiative
or referendum measure, recall petition, or political party
qualification petition from qualifying as an initiative or referendum
measure, or the recall petition from resulting in a recall election,
or political party qualification petition from qualifying a party is
punishable by a fine not exceeding five thousand dollars ($5,000),
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 18.  

Section 18621 of the Elections Code is amended to
read:

18621.  

A proponent of an initiative or referendum measure,
recall petition, or political party qualification petition who seeks,
solicits, bargains for, or obtains any money or thing of value of or
from any person, firm, or corporation for the purpose of abandoning
the same or stopping the circulation of petitions concerning the
same, or failing or neglecting or refusing to file the measure or
petition in the office of the elections official or other officer
designated by law within the time required by law after obtaining
the number of signatures required under the law to qualify the
measure or petition, or withdrawing an initiative petition after
filing it with the appropriate elections official, or performing any
act that will prevent or aid in preventing the initiative, referendum,
recall, or political party proposed from qualifying as an initiative
or referendum measure, resulting in a recall election, or qualifying
as a political party by a political party qualification petition is
punishable by a fine not exceeding five thousand dollars ($5,000),
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 19.  

Section 18622 of the Elections Code is amended to
read:

18622.  

A person who offers to buy or does buy from a
circulator any referendum, initiative, recall, or political party
qualification petition on which one or more persons have affixed
their signatures is guilty of a misdemeanor punishable by
imprisonment in the county jail not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment. This section does not prohibit a proponent
of the petition, or his or her agent, from compensating a circulator
for his or her services.

SEC. 20.  

Section 18630 of the Elections Code is amended to
read:

18630.  

A person who threatens to commit an assault or battery
on a person circulating a referendum, initiative, recall, or political
party qualification petition, or on a relative of a person circulating
a referendum, initiative, recall, or political party qualification
petition, or to inflict damage on the property of the circulator or
the relative with the intent to dissuade the circulator from
circulating the petition or in retribution for the circulation, is guilty
of a misdemeanor.

SEC. 21.  

Section 18631 of the Elections Code is amended to
read:

18631.  

A person who forcibly or by stealth takes from the
possession of a circulator an initiative, referendum, recall, or
political party qualification petition on which one or more persons
have affixed their signatures is guilty of a misdemeanor.

SEC. 22.  

Section 18640 of the Elections Code is amended to
read:

18640.  

A person working for the proponent or proponents of
an initiative or referendum measure, or a recall or political party
qualification petition, who solicits signatures to qualify the measure
or petition, accepts payment therefor, and fails to surrender the
measure or petition to the proponents of the measure or petition
for filing is punishable by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment.

SEC. 23.  

Section 18650 of the Elections Code is amended to
read:

18650.  

A person shall not knowingly or willfully permit the
list of signatures on an initiative, referendum, recall, or political
party qualification petition to be used for any purpose other than
qualification of the initiative or referendum measure or recall
question for the ballot or political party, except as provided in
Section 6253.5 of the Government Code. Violation of this section
is a misdemeanor.

SEC. 24.  

Section 18660 of the Elections Code is amended to
read:

18660.  

A person who makes a false affidavit concerning an
initiative, referendum, recall, or political party qualification
petition, or the signatures appended to the petition, is punishable
by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and imprisonment.

SEC. 25.  

Section 18661 of the Elections Code is amended to
read:

18661.  

A public official or employee who knowingly makes
a false return, certification, or affidavit concerning an initiative,
referendum, recall, or political party qualification petition, or the
signatures appended to the petition, is punishable by a fine not
exceeding five thousand dollars ($5,000), or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16 months or two or three years, or in a county jail not exceeding
one year, or by both that fine and imprisonment.

SEC. 26.  

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end delete