BILL NUMBER: AB 1492	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 29, 2015
	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 15, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member  Low   Gatto

    (   Coauthor:   Assembly Member  
Atkins   ) 

                        FEBRUARY 27, 2015

   An act to  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.   amend Section 300 of, and to amend and
add Sections 296, 298, and 299 of, the Penal Code, relating to DNA
samples. 



	LEGISLATIVE COUNSEL'S DIGEST


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

   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.
 
   (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.  
   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.  
   (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. 

   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.  
   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.  
   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. 

   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.  
   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. 

   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.  
   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.  
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    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. 
   SEC. 2.    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. 
   SEC. 3.   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
  1, 2009  , 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)  Nothing in this chapter shall be construed as
prohibiting   This chapter does not prohibit 
collection and analysis of specimens, samples, or print impressions
as a condition of a plea for a  non-qualifying  
nonqualifying  offense.
   (b) The provisions of this chapter and its requirements for
submission of specimens,  samples   samples,
 and print impressions as soon as administratively practicable
shall apply to all qualifying persons regardless of sentence imposed,
including  any   a  sentence of death,
life without the possibility of parole, or  any 
 a  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  a  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   databank
 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   Database  and  Data Bank program
  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 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. 
   SEC. 4.    Section 296 is added to the  
Penal Code   , 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) 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. 
   SEC. 5.    Section 298 of the   Penal Code
  is amended to read: 
   298.  (a) The  Director of Corrections  
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. 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  Data Bank   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  data bank
  databank  and database information.
   (c) (1) Persons authorized to draw blood or obtain samples or
print impressions under this chapter for the  data bank
  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 data
bank   databank  or in placing an entry in a
 data bank   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 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. 
   SEC. 6.    Section 298 is added to the 
Penal Code   , to read:  
   298.  (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. 
   SEC. 7.    Section 299 of the   Penal Code
  is amended to read: 
   299.  (a) A person whose DNA profile has been included in the
 data bank   databank  pursuant to this
chapter shall have his or her DNA specimen and sample destroyed and
searchable database profile expunged from the  data bank
  databank  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 
Data Bank   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, may
make a written request to have his or her specimen and sample
destroyed and searchable database profile expunged from the 
data bank program if:   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 
Data Bank Identification   Databank  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  data bank 
 databank  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  below,   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 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  data bank   databank  or
database match is not invalidated due to a failure to expunge or a
delay in expunging records.
   (e) Notwithstanding any other  provision of  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  provision of  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 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. 
   SEC. 8.    Section 299 is added to the  
Penal Code   , t   o read:  
   299.  (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. 
   SEC. 9.    Section 300 of the   Penal Code
  is amended to read: 
   300.   Nothing in this chapter shall   (a)
    This chapter does not  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. 
   (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.
 
  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.