BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2440 (Gatto) - County DNA Identification Fund
          
           ----------------------------------------------------------------- 
          |                                                                 |
          |                                                                 |
          |                                                                 |
           ----------------------------------------------------------------- 
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Version: May 27, 2016           |Policy Vote: PUB. S. 7 - 0      |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Urgency: No                     |Mandate: Yes                    |
          |                                |                                |
          |--------------------------------+--------------------------------|
          |                                |                                |
          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
          |                                |                                |
           ----------------------------------------------------------------- 

          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  
          ?
          
          
          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 §  








          AB 2440 (Gatto)                                        Page 2 of  
          ?
          
          
               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  








          AB 2440 (Gatto)                                        Page 3 of  
          ?
          
          
                    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.




                                      -- END --