Amended in Assembly April 19, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2440


Introduced by Assembly Member Gatto

February 19, 2016


An act tobegin delete amend Section 76104.6 of, and toend delete add Sectionbegin delete 76104.8 to, the Government Code,end deletebegin insert 14252 to the Penal Code,end insert relating to publicbegin delete safety.end deletebegin insert safety, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2440, as amended, Gatto. County DNA Identificationbegin delete Fund: penalty assessment.end deletebegin insert Fund.end insert

Existing law requiresbegin insert the Department of Justice to develop a DNA database for all cases involving the report of an unidentified deceased person or a high-risk missing person, provides for the collection of DNA samples from unidentified deceased persons and from potential sources for comparison, as specified, and requires that the database be funded by a $2 increase on death certificates issued by a local governmental agency or by the State of California. Existing law requiresend insert a penalty of $1 for every $10 or part thereof to be levied in each county upon every fine, penalty, or forfeiture imposed and collected by the court for all criminal offenses, as specified. Existing law requires the county board of supervisors to establish a DNA Identification Fund in the county treasury into which the additional penalty is deposited. Existing law requires the county treasurer to transfer a specified amount from that fund to the Controller for credit to the state’s DNA Identification Fund. Existing law specifies the purposes for which the remaining funds in the county’s DNA Identification Fund may be used.

This bill wouldbegin delete create an additional penalty of $4 for every $10 or part thereof to be levied in each county upon every fine, penalty, or forfeiture imposed and collected by the court for specified offenses, including, among others, misdemeanor and felony offenses, misdemeanor violations of any city, county, or city and county ordinance, and violations of the Penal Code initially charged as a misdemeanor and reduced to an infraction. The billend deletebegin insert appropriate $15,000,000 from the General Fund,end insert would requirebegin delete this penaltyend deletebegin insert that moneyend insert to be deposited intobegin delete theend deletebegin insert aend insert county DNA Identificationbegin delete Fundend deletebegin insert Fund,end insert and would require the county treasurer to distinguish moneys collected pursuant tobegin delete this penaltyend deletebegin insert the bill’s provisionsend insert from otherbegin delete penalty assessments.end deletebegin insert moneys in the fund.end insert The bill would require the money frombegin delete this penaltyend deletebegin insert the bill’s provisionsend insert to be used, upon a resolution by the board of supervisors, to assist local law enforcement agencies with the investigation of specified cases involving DNA evidence. The bill would require the district attorney to publicize, as specified, when an investigation using these funds results in a solved case.begin delete The bill would also make conforming changes.end delete Because this bill would require county officials to perform additional duties, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete
P2    1

SECTION 1.  

Section 76104.6 of the Government Code is
2amended to read:

3

76104.6.  

(a) (1) Except as otherwise provided in this section,
4for the purpose of implementing the DNA Fingerprint, Unsolved
5Crime and Innocence Protection Act (Proposition 69), as approved
6by the voters at the November 2, 2004, statewide general election,
P3    1there shall be levied an additional penalty of one dollar ($1) for
2every ten dollars ($10), or part of ten dollars ($10), in each county
3upon every fine, penalty, or forfeiture imposed and collected by
4the court for all criminal offenses, including all offenses involving
5a violation of the Vehicle Code or a local ordinance adopted
6pursuant to the Vehicle Code.

7(2) The penalty imposed by this section shall be collected
8together with and in the same manner as the amounts established
9by Section 1464 of the Penal Code. The moneys shall be taken
10from fines and forfeitures deposited with the county treasurer prior
11to any division pursuant to Section 1463 of the Penal Code. The
12board of supervisors shall establish in the county treasury a DNA
13Identification Fund into which shall be deposited the moneys
14collected pursuant to this section. Except as otherwise provided
15in Section 76104.8, the moneys of the fund shall be allocated
16pursuant to subdivision (b).

17(3) The additional penalty does not apply to the following:

18(A) A restitution fine.

19(B) A penalty authorized by Section 1464 of the Penal Code or
20this chapter.

21(C) A parking offense subject to Article 3 (commencing with
22Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

23(D) The state surcharge authorized by Section 1465.7 of the
24Penal Code.

25(b) (1) The fund moneys described in subdivision (a), together
26with any interest earned thereon, shall be held by the county
27treasurer separate from any funds subject to transfer or division
28pursuant to Section 1463 of the Penal Code. Deposits to the fund
29may continue through and including the 20th year after the initial
30calendar year in which the surcharge is collected, or longer if and
31as necessary to make payments upon any lease or leaseback
32arrangement utilized to finance any of the projects specified herein.

33(2) Except as otherwise provided in Section 76104.8, on the last
34day of each calendar quarter of the year specified in this
35subdivision, the county treasurer shall transfer fund moneys in the
36county’s DNA Identification Fund to the Controller for credit to
37the state’s DNA Identification Fund, which is hereby established
38in the State Treasury, as follows:

P4    1(A) In the first two calendar years following the effective date
2of this section, 70 percent of the amounts collected, including
3interest earned thereon.

4(B) In the third calendar year following the effective date of
5this section, 50 percent of the amounts collected, including interest
6earned thereon.

7(C) In the fourth calendar year following the effective date of
8this section and in each calendar year thereafter, 25 percent of the
9amounts collected, including interest earned thereon.

10(3) Except as otherwise provided in Section 76104.8, funds
11remaining in the county’s DNA Identification Fund shall be used
12only for the following purposes:

13(A) To reimburse local sheriff or other law enforcement agencies
14for the collection of DNA specimens, samples, and print
15 impressions pursuant to this chapter.

16(B) For expenditures and administrative costs made or incurred
17to comply with the requirements of paragraph (5) of subdivision
18(b) of Section 298 of the Penal Code, including the procurement
19of equipment and software integral to confirming that a person
20qualifies for entry into the Department of Justice DNA and Forensic
21Identification Database and Data Bank Program.

22(C) To reimburse local sheriff, police, district attorney, and
23regional state crime laboratories for expenditures and
24administrative costs made or incurred in connection with the
25processing, analysis, tracking, and storage of DNA crime scene
26samples from cases in which DNA evidence would be useful in
27identifying or prosecuting suspects, including the procurement of
28equipment and software for the processing, analysis, tracking, and
29storage of DNA crime scene samples from unsolved cases.

30(D) (i) If authorized by a resolution of the board of supervisors,
31and after the distributions provided in subparagraphs (A), (B), and
32(C), a local sheriff or police department, or the district attorney’s
33office, may use remaining funds, either independently or in
34combination with remaining funds from another county, to provide
35supplemental funding to a qualified local or regional state forensic
36laboratory for expenditures and administrative costs made or
37incurred in connection with the processing, analysis, and
38comparison of DNA crime scene samples and forensic
39identification samples, and testimony related to that analysis. This
40subparagraph shall apply only to those counties that do not have
P5    1a local public law enforcement laboratory, and does not authorize
2any transfer that will interfere with the operation of subparagraph
3(A). Any supplemental funding provided pursuant to this
4subparagraph shall not be used to supplant funds already allocated
5to a qualified local or regional state forensic laboratory by the
6state’s DNA Identification Fund.

7(ii) For purposes of this subparagraph, a qualified local or
8regional state forensic laboratory is a Department of Justice
9regional forensic laboratory or a local law enforcement agency
10forensic laboratory that meets state and federal requirements for
11contributing DNA profiles for inclusion in California’s DNA
12databank, including the FBI Quality Assurance Standards and
13accreditation requirements, and shall be accredited by an
14organization approved by the National DNA Index System (NDIS)
15Procedures Board.

16(4) The state’s DNA Identification Fund shall be administered
17by the Department of Justice. Funds in the state’s DNA
18Identification Fund, upon appropriation by the Legislature, shall
19be used by the Attorney General only to support DNA testing in
20the state and to offset the impacts of increased testing and shall be
21allocated as follows:

22(A) Of the amount transferred pursuant to subparagraph (A) of
23paragraph (2) of subdivision (b), 90 percent to the Department of
24Justice DNA Laboratory, first, to comply with the requirements
25of Section 298.3 of the Penal Code and, second, for expenditures
26and administrative costs made or incurred in connection with the
27processing, analysis, tracking, and storage of DNA specimens and
28samples including the procurement of equipment and software for
29the processing, analysis, tracking, and storage of DNA samples
30and specimens obtained pursuant to the DNA and Forensic
31Identification Database and Data Bank Act of 1998, as amended
32by Chapter 6 (commencing with Section 295) of Title 9 of Part 1
33of the Penal Code, and 10 percent to the Department of Justice
34Information Bureau Criminal History Unit for expenditures and
35administrative costs that have been approved by the Chief of the
36Department of Justice Bureau of Forensic Services made or
37incurred to update equipment and software to facilitate compliance
38with the requirements of subdivision (e) of Section 299.5 of the
39Penal Code.

P6    1(B) Of the amount transferred pursuant to subparagraph (B) of
2paragraph (2) of subdivision (b), funds shall be allocated by the
3Department of Justice DNA Laboratory, first, to comply with the
4requirements of Section 298.3 of the Penal Code and, second, for
5expenditures and administrative costs made or incurred in
6connection with the processing, analysis, tracking, and storage of
7DNA specimens and samples including the procurement of
8equipment and software for the processing, analysis, tracking, and
9storage of DNA samples and specimens obtained pursuant to the
10DNA and Forensic Identification Database and Data Bank Act of
111998, as amended.

12(C) Of the amount transferred pursuant to subparagraph (C) of
13paragraph (2) of subdivision (b), funds shall be allocated by the
14Department of Justice to the DNA Laboratory to comply with the
15requirements of Section 298.3 of the Penal Code and for
16expenditures and administrative costs made or incurred in
17connection with the processing, analysis, tracking, and storage of
18DNA specimens and samples including the procurement of
19equipment and software for the processing, analysis, tracking, and
20storage of DNA samples and specimens obtained pursuant to the
21DNA and Forensic Identification Database and Data Bank Act of
221998, as amended.

23(c) On or before April 1 in the year following adoption of this
24section, and annually thereafter, the board of supervisors of each
25county shall submit a report to the Legislature and the Department
26of Justice. The report shall include the total amount of fines
27collected and allocated pursuant to this section, and the amounts
28expended by the county for each program authorized pursuant to
29paragraph (3) of subdivision (b). The Department of Justice shall
30make the reports publicly available on the department’s Internet
31Web site.

32(d) All requirements imposed on the Department of Justice
33pursuant to the DNA Fingerprint, Unsolved Crime and Innocence
34Protection Act are contingent upon the availability of funding and
35are limited by revenue, on a fiscal year basis, received by the
36Department of Justice pursuant to this section and any additional
37appropriation approved by the Legislature for purposes related to
38implementing this act.

39(e) Upon approval of the DNA Fingerprint, Unsolved Crime
40and Innocence Protection Act, the Legislature shall lend the
P7    1Department of Justice General Fund in the amount of seven million
2dollars ($7,000,000) for purposes of implementing the act. The
3loan shall be repaid with interest calculated at the rate earned by
4the Pooled Money Investment Account at the time the loan is made.
5Principal and interest on the loan shall be repaid in full no later
6than four years from the date the loan was made and shall be repaid
7from revenue generated pursuant to this section.

8(f) Notwithstanding any other law, the Controller may use the
9state’s DNA Identification Fund, created pursuant to paragraph
10(2) of subdivision (b), for loans to the General Fund as provided
11in Sections 16310 and 16381. Any such loan shall be repaid from
12the General Fund with interest computed at 110 percent of the
13Pooled Money Investment Account rate, with the interest
14commencing to accrue on the date the loan is made from the fund.
15This subdivision does not authorize any transfer that will interfere
16with the carrying out of the object for which the state’s DNA
17Identification Fund was created.

18

SEC. 2.  

Section 76104.8 is added to the Government Code, to
19read:

20

76104.8.  

(a) Except as otherwise provided in this section, in
21addition to the penalties levied pursuant to Sections 76104.6 and
2276104.7, there shall be levied an additional penalty of four dollars
23($4) for every ten dollars ($10), or part of ten dollars ($10), in each
24county upon every fine, penalty, or forfeiture imposed and collected
25by the court for all of the following offenses:

26(1) A misdemeanor or felony offense.

27(2) A misdemeanor violation of any city, county, or city and
28county ordinance.

29(3) A violation of the Penal Code initially charged as a
30misdemeanor and reduced to an infraction.

31(4) A traffic violation of the Vehicle Code initially charged as
32a felony or misdemeanor and reduced to an infraction.

33(5) A violation of subdivision (b) of Section 11357 of the Health
34and Safety Code.

35(b) The penalty shall be collected together with, and in the same
36manner as, the amounts established by Section 1464 of the Penal
37Code. These funds shall be deposited into the county treasury DNA
38Identification Fund by the county treasurer, who shall clearly
39distinguish moneys collected under this section from moneys
40collected under Section 76104.6, and shall be disbursed upon a
P8    1resolution by the board of supervisors. The objective and intent of
2the resolution shall be to assist the county sheriff, district attorney,
3and other local law enforcement agencies with the investigations
4of cases described in subdivision (d).

5(c) The penalty does not apply to the following:

6(1) A restitution fine.

7(2) A penalty authorized by this chapter or by Section 1464 of
8the Penal Code.

9(3) A parking offense subject to Article 3 (commencing with
10Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

11(4) The state surcharge authorized by Section 1465.7 of the
12Penal Code.

13(d) Funds collected pursuant to this section shall only be used
14for the following purposes:

15(1) To assist law enforcement agencies within the county,
16including local sheriff and district attorney agencies, with the
17 identification, review, and investigation of unsolved serious or
18violent cold cases to determine if biological evidence exists that
19could provide a DNA investigative lead to law enforcement,
20including, but not limited to, the DNA profile of a putative suspect
21that could be uploaded into national, state, local, or other law
22enforcement DNA databases, and when more than three years have
23elapsed since the date of violation of the cold case crime.

24(2) To assist law enforcement agencies within the county,
25including local sheriff and district attorney agencies, with the
26investigation of cases where crime scene biological evidence has
27been collected and analyzed and a DNA profile that could provide
28an investigative lead to law enforcement agencies, including, but
29not limited to, the DNA profile of a putative suspect, has been
30generated and uploaded into national, state, local, or other law
31enforcement DNA databases and a DNA match has resulted in the
32 identification of a putative suspect or a match to a DNA profile
33from another crime scene.

34(e) The district attorney shall publicize on its Internet Web site
35and notify the local media every time an investigation that receives
36funding from the penalty assessment described in subdivision (a)
37results in a solved case.

end delete
38begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 14252 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
39read:end insert

begin insert
P9    1

begin insert14252.end insert  

(a) The sum of fifteen million dollars ($15,000,000) is
2hereby appropriated from the General Fund in the State Treasury.
3These funds shall be deposited into a county treasury DNA
4Identification Fund by the county treasurer, who shall clearly
5distinguish moneys collected under this section from moneys
6collected under Section 76104.6 of the Government Code, and
7shall be disbursed upon a resolution by the board of supervisors.
8The objective and intent of the resolution shall be to assist the
9county sheriff, district attorney, and other local law enforcement
10agencies with the investigations of cases described in subdivision
11(b).

12
(b) Funds collected pursuant to this section shall be used only
13for the following purposes:

14
(1) To assist law enforcement agencies within the county,
15including the sheriff and district attorney, with the identification,
16review, and investigation of unsolved serious or violent cold cases
17to determine if biological evidence exists that could provide a DNA
18investigative lead to law enforcement, including, but not limited
19to, the DNA profile of a putative suspect that could be uploaded
20into national, state, local, or other law enforcement DNA
21databases, and when more than three years have elapsed since
22the date of violation of the cold case crime.

23
(2) To assist law enforcement agencies within the county,
24including the sheriff and district attorney, with the investigation
25 of cases where crime scene biological evidence has been collected
26and analyzed and a DNA profile that could provide an investigative
27lead to law enforcement agencies, including, but not limited to,
28the DNA profile of a putative suspect, has been generated and
29uploaded into national, state, local, or other law enforcement DNA
30databases and a DNA match has resulted in the identification of
31a putative suspect or a match to a DNA profile from another crime
32scene.

33
(c) The district attorney shall publicize on its Internet Web site
34and notify the local media every time an investigation that receives
35funding from the appropriation described in subdivision (a) results
36in a solved case.

end insert
37

begin deleteSEC. 3.end delete
38
begin insertSEC. 2.end insert  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P10   1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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