BILL NUMBER: AB 2440 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to amend Section 76104.6 of, and to add
Section 76104.8 to, the Government Code,
14252 to the Penal Code, relating to public safety.
safety, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2440, as amended, Gatto. County DNA Identification
Fund: penalty assessment. Fund.
Existing law requires 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 requires 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 would 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 bill
appropriate $15,000,000 from the General Fund, would
require this penalty that money to be
deposited into the a county DNA
Identification Fund Fund, and would
require the county treasurer to distinguish moneys collected pursuant
to this penalty the bill's provisions
from other penalty assessments. moneys in the
fund. The bill would require the money from this
penalty the bill's provisions 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. The bill would also make
conforming changes. 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: majority 2/3 . Appropriation:
no yes . Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 76104.6 of the Government
Code is amended to read:
76104.6. (a) (1) Except as otherwise provided in this section,
for the purpose of implementing the DNA Fingerprint, Unsolved Crime
and Innocence Protection Act (Proposition 69), as approved by the
voters at the November 2, 2004, statewide general election, there
shall be levied an additional penalty of one dollar ($1) for every
ten dollars ($10), or part of ten dollars ($10), in each county upon
every fine, penalty, or forfeiture imposed and collected by the court
for all criminal offenses, including all offenses involving a
violation of the Vehicle Code or a local ordinance adopted pursuant
to the Vehicle Code.
(2) The penalty imposed by this section shall be collected
together with and in the same manner as the amounts established by
Section 1464 of the Penal Code. The moneys shall be taken from fines
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463 of the Penal Code. The board of
supervisors shall establish in the county treasury a DNA
Identification Fund into which shall be deposited the moneys
collected pursuant to this section. Except as otherwise provided in
Section 76104.8, the moneys of the fund shall be allocated pursuant
to subdivision (b).
(3) The additional penalty does not apply to the following:
(A) A restitution fine.
(B) A penalty authorized by Section 1464 of the Penal Code or this
chapter.
(C) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) (1) The fund moneys described in subdivision (a), together
with any interest earned thereon, shall be held by the county
treasurer separate from any funds subject to transfer or division
pursuant to Section 1463 of the Penal Code. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer if and
as necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
(2) Except as otherwise provided in Section 76104.8, on the last
day of each calendar quarter of the year specified in this
subdivision, the county treasurer shall transfer fund moneys in the
county's DNA Identification Fund to the Controller for credit to the
state's DNA Identification Fund, which is hereby established in the
State Treasury, as follows:
(A) In the first two calendar years following the effective date
of this section, 70 percent of the amounts collected, including
interest earned thereon.
(B) In the third calendar year following the effective date of
this section, 50 percent of the amounts collected, including interest
earned thereon.
(C) In the fourth calendar year following the effective date of
this section and in each calendar year thereafter, 25 percent of the
amounts collected, including interest earned thereon.
(3) Except as otherwise provided in Section 76104.8, funds
remaining in the county's DNA Identification Fund shall be used only
for the following purposes:
(A) To reimburse local sheriff or other law enforcement agencies
for the collection of DNA specimens, samples, and print impressions
pursuant to this chapter.
(B) For expenditures and administrative costs made or incurred to
comply with the requirements of paragraph (5) of subdivision (b) of
Section 298 of the Penal Code, including the procurement of equipment
and software integral to confirming that a person qualifies for
entry into the Department of Justice DNA and Forensic Identification
Database and Data Bank Program.
(C) To reimburse local sheriff, police, district attorney, and
regional state crime laboratories for expenditures and administrative
costs made or incurred in connection with the processing, analysis,
tracking, and storage of DNA crime scene samples from cases in which
DNA evidence would be useful in identifying or prosecuting suspects,
including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA crime scene
samples from unsolved cases.
(D) (i) If authorized by a resolution of the board of supervisors,
and after the distributions provided in subparagraphs (A), (B), and
(C), a local sheriff or police department, or the district attorney's
office, may use remaining funds, either independently or in
combination with remaining funds from another county, to provide
supplemental funding to a qualified local or regional state forensic
laboratory for expenditures and administrative costs made or incurred
in connection with the processing, analysis, and comparison of DNA
crime scene samples and forensic identification samples, and
testimony related to that analysis. This subparagraph shall apply
only to those counties that do not have a local public law
enforcement laboratory, and does not authorize any transfer that will
interfere with the operation of subparagraph (A). Any supplemental
funding provided pursuant to this subparagraph shall not be used to
supplant funds already allocated to a qualified local or regional
state forensic laboratory by the state's DNA Identification Fund.
(ii) For purposes of this subparagraph, a qualified local or
regional state forensic laboratory is a Department of Justice
regional forensic laboratory or a local law enforcement agency
forensic laboratory that meets state and federal requirements for
contributing DNA profiles for inclusion in California's DNA databank,
including the FBI Quality Assurance Standards and accreditation
requirements, and shall be accredited by an organization approved by
the National DNA Index System (NDIS) Procedures Board.
(4) The state's DNA Identification Fund shall be administered by
the Department of Justice. Funds in the state's DNA Identification
Fund, upon appropriation by the Legislature, shall be used by the
Attorney General only to support DNA testing in the state and to
offset the impacts of increased testing and shall be allocated as
follows:
(A) Of the amount transferred pursuant to subparagraph (A) of
paragraph (2) of subdivision (b), 90 percent to the Department of
Justice DNA Laboratory, first, to comply with the requirements of
Section 298.3 of the Penal Code and, second, for expenditures and
administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended by Chapter 6
(commencing with Section 295) of Title 9 of Part 1 of the Penal Code,
and 10 percent to the Department of Justice Information Bureau
Criminal History Unit for expenditures and administrative costs that
have been approved by the Chief of the Department of Justice Bureau
of Forensic Services made or incurred to update equipment and
software to facilitate compliance with the requirements of
subdivision (e) of Section 299.5 of the Penal Code.
(B) Of the amount transferred pursuant to subparagraph (B) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice DNA Laboratory, first, to comply with the
requirements of Section 298.3 of the Penal Code and, second, for
expenditures and administrative costs made or incurred in connection
with the processing, analysis, tracking, and storage of DNA specimens
and samples including the procurement of equipment and software for
the processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
(C) Of the amount transferred pursuant to subparagraph (C) of
paragraph (2) of subdivision (b), funds shall be allocated by the
Department of Justice to the DNA Laboratory to comply with the
requirements of Section 298.3 of the Penal Code and for expenditures
and administrative costs made or incurred in connection with the
processing, analysis, tracking, and storage of DNA specimens and
samples including the procurement of equipment and software for the
processing, analysis, tracking, and storage of DNA samples and
specimens obtained pursuant to the DNA and Forensic Identification
Database and Data Bank Act of 1998, as amended.
(c) On or before April 1 in the year following adoption of this
section, and annually thereafter, the board of supervisors of each
county shall submit a report to the Legislature and the Department of
Justice. The report shall include the total amount of fines
collected and allocated pursuant to this section, and the amounts
expended by the county for each program authorized pursuant to
paragraph (3) of subdivision (b). The Department of Justice shall
make the reports publicly available on the department's Internet Web
site.
(d) All requirements imposed on the Department of Justice pursuant
to the DNA Fingerprint, Unsolved Crime and Innocence Protection Act
are contingent upon the availability of funding and are limited by
revenue, on a fiscal year basis, received by the Department of
Justice pursuant to this section and any additional appropriation
approved by the Legislature for purposes related to implementing this
act.
(e) Upon approval of the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, the Legislature shall lend the Department
of Justice General Fund in the amount of seven million dollars
($7,000,000) for purposes of implementing the act. The loan shall be
repaid with interest calculated at the rate earned by the Pooled
Money Investment Account at the time the loan is made. Principal and
interest on the loan shall be repaid in full no later than four years
from the date the loan was made and shall be repaid from revenue
generated pursuant to this section.
(f) Notwithstanding any other law, the Controller may use the
state's DNA Identification Fund, created pursuant to paragraph (2) of
subdivision (b), for loans to the General Fund as provided in
Sections 16310 and 16381. Any such loan shall be repaid from the
General Fund with interest computed at 110 percent of the Pooled
Money Investment Account rate, with the interest commencing to accrue
on the date the loan is made from the fund. This subdivision does
not authorize any transfer that will interfere with the carrying out
of the object for which the state's DNA Identification Fund was
created.
SEC. 2. Section 76104.8 is added to the
Government Code, to read:
76104.8. (a) Except as otherwise provided in this section, in
addition to the penalties levied pursuant to Sections 76104.6 and
76104.7, there shall be levied an additional penalty of four dollars
($4) for every ten dollars ($10), or part of ten dollars ($10), in
each county upon every fine, penalty, or forfeiture imposed and
collected by the court for all of the following offenses:
(1) A misdemeanor or felony offense.
(2) A misdemeanor violation of any city, county, or city and
county ordinance.
(3) A violation of the Penal Code initially charged as a
misdemeanor and reduced to an infraction.
(4) A traffic violation of the Vehicle Code initially charged as a
felony or misdemeanor and reduced to an infraction.
(5) A violation of subdivision (b) of Section 11357 of the Health
and Safety Code.
(b) The penalty shall be collected together with, and in the same
manner as, the amounts established by Section 1464 of the Penal Code.
These funds shall be deposited into the county treasury DNA
Identification Fund by the county treasurer, who shall clearly
distinguish moneys collected under this section from moneys collected
under Section 76104.6, and shall be disbursed upon a resolution by
the board of supervisors. The objective and intent of the resolution
shall be to assist the county sheriff, district attorney, and other
local law enforcement agencies with the investigations of cases
described in subdivision (d).
(c) The penalty does not apply to the following:
(1) A restitution fine.
(2) A penalty authorized by this chapter or by Section 1464 of the
Penal Code.
(3) A parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(4) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(d) Funds collected pursuant to this section shall only be used
for the following purposes:
(1) To assist law enforcement agencies within the county,
including local sheriff and district attorney agencies, with the
identification, review, and investigation of unsolved serious or
violent cold cases to determine if biological evidence exists that
could provide a DNA investigative lead to law enforcement, including,
but not limited to, the DNA profile of a putative suspect that could
be uploaded into national, state, local, or other law enforcement
DNA databases, and when more than three years have elapsed since the
date of violation of the cold case crime.
(2) To assist law enforcement agencies within the county,
including local sheriff and district attorney agencies, with the
investigation of cases where crime scene biological evidence has been
collected and analyzed and a DNA profile that could provide an
investigative lead to law enforcement agencies, including, but not
limited to, the DNA profile of a putative suspect, has been generated
and uploaded into national, state, local, or other law enforcement
DNA databases and a DNA match has resulted in the identification of a
putative suspect or a match to a DNA profile from another crime
scene.
(e) The district attorney shall publicize on its Internet Web site
and notify the local media every time an investigation that receives
funding from the penalty assessment described in subdivision (a)
results in a solved case.
SECTION 1. Section 14252 is added to the
Penal Code , to read:
14252. (a) The sum of fifteen million dollars ($15,000,000) is
hereby appropriated from the General Fund in the State Treasury.
These funds shall be deposited into a county treasury DNA
Identification Fund by the county treasurer, who shall clearly
distinguish moneys collected under this section from moneys collected
under Section 76104.6 of the Government Code, and shall be disbursed
upon a resolution by the board of supervisors. The objective and
intent of the resolution shall be to assist the county sheriff,
district attorney, and other local law enforcement agencies with the
investigations of cases described in subdivision (b).
(b) Funds collected pursuant to this section shall be used only
for the following purposes:
(1) To assist law enforcement agencies within the county,
including the sheriff and district attorney, with the identification,
review, and investigation of unsolved serious or violent cold cases
to determine if biological evidence exists that could provide a DNA
investigative lead to law enforcement, including, but not limited to,
the DNA profile of a putative suspect that could be uploaded into
national, state, local, or other law enforcement DNA databases, and
when more than three years have elapsed since the date of violation
of the cold case crime.
(2) To assist law enforcement agencies within the county,
including the sheriff and district attorney, with the investigation
of cases where crime scene biological evidence has been collected and
analyzed and a DNA profile that could provide an investigative lead
to law enforcement agencies, including, but not limited to, the DNA
profile of a putative suspect, has been generated and uploaded into
national, state, local, or other law enforcement DNA databases and a
DNA match has resulted in the identification of a putative suspect or
a match to a DNA profile from another crime scene.
(c) The district attorney shall publicize on its Internet Web site
and notify the local media every time an investigation that receives
funding from the appropriation described in subdivision (a) results
in a solved case.
SEC. 3. SEC. 2. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.