BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2440 (Gatto) - County DNA Identification Fund
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|Version: May 27, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2440 would appropriate $15 million from the General
Fund to the Controller for apportionment to counties, as
specified, into a county's DNA Identification Fund, to be used
for specified purposes.
Fiscal
Impact:
One-time appropriation of $15 million (General Fund) to the
Controller for apportionment to counties based on a county's
proportionate contribution to the state's DNA Identification
Fund, as specified, to be deposited into a county treasury DNA
Identification Fund.
Likely minor state-reimbursable costs (General Fund) for
district attorneys to publicize on their internet websites and
notify the local media every time an investigation that
receives funding from the appropriation in this bill results
in a solved case.
Background: Existing law requires the Department of Justice to develop a
AB 2440 (Gatto) Page 1 of
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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. (Penal Code § 14251(a).)
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, on the
last day of each calendar quarter, 25 percent of the amounts
collected 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, including as follows:
To reimburse local sheriff or other law enforcement
agencies for the collection of DNA specimens, samples, and
print impressions pursuant to this chapter.
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.
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. (Government Code §
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76104.6.)
Proposed Law:
This bill would appropriate $15 million from the General Fund
to the Controller for apportionment to counties, as follows:
Requires funds to be apportioned to counties based on a
county's proportionate contribution to the state's DNA
Identification Fund, as specified, in the most recent
calendar year for which information is available on January
1, 2017.
Requires funds to 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 GC § 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 as described below.
Specifies funds collected pursuant to this section shall
be used only for the following purposes:
o 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.
o 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
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DNA match has resulted in the identification of a
putative suspect or a match to a DNA profile from
another crime scene.
Requires the district attorney to publicize on its
internet website and notify the local media every time an
investigation that receives funding from the appropriation
in this bill results in a solved case.
Related
Legislation: SB 1006 (Committee on Budget and Fiscal Review)
Chapter 32/2012, the general government omnibus budget trailer
bill, among its provisions, increased the amount of state-only
DNA penalty assessment to $4 for every $10, or part of $10 of
those payments for specified criminal offenses.
AB 434 (Logue) Chapter 195/2011 authorized funds remaining in a
county's DNA Identification Fund to reimburse a regional state
crime laboratory for costs associated with the analysis and
comparison of crime scene DNA with forensic identification
samples.
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