SB 1079, as introduced, Glazer. DNA evidence: CODIS Hit Outcome Project.
Existing law, the DNA and Forensic Identification Database and Data Bank Act of 1998, provides that the Department of Justice, through its DNA Laboratory, is responsible for the management and administration of the state’s DNA and Forensic Identification Database and Data Bank Program. Existing law prohibits the DNA and forensic identification database and databank from being used as a source of genetic material for testing, research, or experiments, by any person, agency, or entity seeking to find a causal link between genetics and behavior or health.
This bill would find and declare that the Department of Justice manages and administers the CODIS Hit Outcome Project (CHOP) database and would impose various requirements and restrictions relating to the CHOP database including, among other things, a prohibition of the CHOP database containing DNA profiles and a requirement that certain entities, including, among others, law enforcement agencies and county probation departments, report to the Department of Justice, through the CHOP database, the outcome of investigative leads provided by the state’s DNA Database and Data Bank Program. The bill would require a county to be reimbursed for the cost of reporting that information to the Department of Justice.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 295.3 is added to the Penal Code, 2immediately following Section 295.2, to read:
(a) The Legislature finds and declares both of the
4following:
5(1) The Department of Justice, through its DNA Laboratory,
6manages and administers the CODIS Hit Outcome Project (CHOP)
7database.
8(2) The purpose of the CHOP database is to provide a central
9repository for confidential law enforcement data-sharing of case
10information related to DNA database hits.
11(b) (1) The CHOP database shall not contain DNA profiles.
12(2) The CHOP database shall contain records of indexed
13information related to DNA hits and case-to-case matches,
14
including, but not limited to, the identity of the submitting crime
15laboratory, the investigating law enforcement agency, a district
16attorney contact, and offender information, including criminal
17charges and conviction information.
18(c) (1) Except to the extent required by the United States
19Constitution or the California Constitution, the Department of
20Justice, a law enforcement agency, a local, state, or federal
21prosecutorial entity, a crime laboratory, or a federal, state, or local
22agency shall not be compelled to provide information from or
23about the CHOP database in any criminal or civil proceeding.
24(2) The Department of Justice shall not release case specific
25information that the investigating law enforcement agency has
26requested to keep confidential because its release would impair a
27pending criminal investigation.
28(d) (1) On a schedule set forth by the Department of Justice,
29the Department of Corrections and Rehabilitation, and each law
30enforcement agency, medical examiner, coroner, public fire
31department investigator, state mental health investigator, county
32probation department, district attorney, and any other participating
33entity shall report to the Department of Justice, through the CHOP
34database, the outcome of investigative leads provided by the state’s
P3 1DNA Database and Data Bank Program, in a format approved by
2the Department of Justice DNA Laboratory.
3(2) A county shall be reimbursed for the costs of complying
4with paragraph (1).
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