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 --