BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                    AB 2440


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          ASSEMBLY THIRD READING


          AB  
          2440 (Gatto)


          As Amended  May 27, 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Roger         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                    AB 2440


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          SUMMARY:  Appropriates $15 million to fund a County  
          deoxyribonucleic acid (DNA) Identification Fund.  Specifically,  
          this bill:  
          1)Appropriates $15 million to fund a County DNA Identification  
            Fund.


          2)Specifies funds pursuant to this section shall only be used  
            for the following purposes:


             a)   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.
             b)   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.


          3)Requires the district attorney to publicize, as specified,  
            when an investigation using these funds results in a solved  
            case. 








                                                                    AB 2440


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          4)Specifies that the funds shall be appropriated from the  
            General Fund to the Controller for apportionment to counties  
            based on the county's proportionate contribution to the  
            state's DNA Identification Fund as specified.  





          EXISTING LAW:  


          1)Specifies that the "Missing Persons DNA Database" shall be  
            funded by a $2 fee increase on death certificates issued by a  
            local governmental agency or by the State of California. The  
            issuing agencies may retain up to 5% of the funds from the fee  
            increase for administrative costs.  
          2)Funds shall be directed on a quarterly basis to the "Missing  
            Persons DNA Data Base Fund," hereby established, to be  
            administered by the department for establishing and  
            maintaining laboratory infrastructure, DNA sample storage, DNA  
            analysis, and labor costs for cases of missing persons and  
            unidentified remains.  Funds may also be distributed by the  
            department to various counties for the purposes of pathology  
            and exhumation consistent with this title.  The department may  
            also use those funds to publicize the database for the purpose  
            of contacting parents and relatives so that they may provide a  
            DNA sample for training law enforcement officials about the  
            database and DNA sampling and for outreach.    


          3)Provides that the Department of Justice (DOJ) shall develop a  
            DNA database for all cases involving the report of an  
            unidentified deceased person or a high-risk missing person.  


          4)Provides that the database shall be comprised of DNA data from  








                                                                    AB 2440


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            genetic markers that are appropriate for human identification,  
            but have no capability to predict biological function other  
            than gender.  These markers shall be selected by the  
            department and may change as the technology for DNA typing  
            progresses.  The results of DNA typing shall be compatible  
            with and uploaded into the CODIS DNA database established by  
            the Federal Bureau of Investigation.  The sole purpose of this  
            database shall be to identify missing persons and shall be  
            kept separate from the database established as specified.  


          5)Provides that DOJ shall compare DNA samples taken from the  
            remains of unidentified deceased persons with DNA samples  
            taken from personal articles belonging to the missing person,  
            or from the parents or appropriate relatives of high-risk  
            missing persons.  


          6)Defines "high-risk missing person" means a person missing as a  
            result of a stranger abduction, a person missing under  
            suspicious circumstances, a person missing under unknown  
            circumstances, or where there is reason to assume that the  
            person is in danger, or deceased, and that person has been  
            missing more than 30 days, or less than 30 days in the  
            discretion of the investigating agency.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, one-time General Fund appropriation of $15 million


          COMMENTS:  According to the author "AB 2440 will ensure that  
          local law enforcement has the necessary funding to pursue DNA  
          matches and investigate cold cases.  Funds to local law  
          enforcement have been reduced in recent years, and the resources  
          to investigate and follow-up on DNA cold hits is limited.   
          Simultaneously, the value of DNA evidence has become even more  
          apparent, and state mandates requiring expedited investigation  
          of these leads has put additional tension on already strained  








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          local resources.  AB 2440 will provide crucial funding to aid  
          local law enforcement in the use of this valuable investigatory  
          tool."




          Analysis Prepared by:                                             
                          Gabriel Caswell/ PUB. S. / (916) 319-3744  FN:  
          0003164