BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1492 (Gatto) - Forensic testing: DNA samples
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|Version: July 16, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 27, 2015 |Consultant: Jolie Onodera |
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*********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill
Summary: AB 1492 would enact the following provisions of law
contingent upon the California Supreme Court upholding the
decision in People v. Buza (2014), as specified:
Limits DNA collection of persons arrested or charged with a
felony to those persons arrested or charged with a serious or
violent felony, or an offense requiring sex offender
registration, as specified.
Requires that DNA samples obtained during an arrest on a
felony not be sent to the Department of Justice (DOJ) for
analysis, for up to six months, unless a finding of probable
cause has occurred, as specified. Requires an agency to
destroy any samples for which an agency has not received
notice to forward to DOJ within six months of arrest.
Establishes a procedure for a person's DNA sample and
searchable database profile to be expunged if the case is
dismissed, or the accused is acquitted, or otherwise
exonerated, and the person has no past qualifying offense.
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Fiscal
Impact:
One-time and ongoing significant costs of $310,000 (General
Fund), for the DOJ to enhance the DNA database system and
perform the ongoing activities required in the bill.
Potentially significant state reimbursable costs (General
Fund), potentially in excess of hundreds of thousands of
dollars annually, for the specific handling of the DNA samples
collected, including storing the samples for up to six months
and/or destroying samples that have not been forwarded to the
DOJ within six months following arrest.
Potential increase in court workload (General Fund*) for
judicial determinations of probable cause and subsequent
notification to agencies that otherwise would not occur under
existing law.
*Trial Court Trust Fund
Author
Amendments:
Delete the provision allowing a law enforcement agency to use
any publicly available database, excluding a law enforcement
database that is not linked to the Combined DNA Index System
(CODIS), for certain cases.
Specify that a DNA sample is to be forwarded to the DOJ only
after one of the following has occurred, which shall be deemed
a finding of probable cause, whichever occurs first:
o A felony arrest warrant has been signed by a
judicial officer pursuant to Section 813 or 817.
o A grand jury indictment has been found and issued
pursuant to Sections 939.8, 940, or 944.
o A judicial officer has determined that probable
cause exists to believe the person has committed the
offense for which he or she was arrested at the time the
defendant has been arraigned.
Make other technical changes.
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