BILL NUMBER: SB 1079	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Glazer
   (Coauthor: Assembly Member Baker)

                        FEBRUARY 17, 2016

   An act to add Section 295.3 to the Penal Code, relating to DNA
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 295.3 is added to the Penal Code, immediately
following Section 295.2, to read:
   295.3.  (a) The Legislature finds and declares both of the
following:
   (1) The Department of Justice, through its DNA Laboratory, manages
and administers the CODIS Hit Outcome Project (CHOP) database.
   (2) The purpose of the CHOP database is to provide a central
repository for confidential law enforcement data-sharing of case
information related to DNA database hits.
   (b) (1) The CHOP database shall not contain DNA profiles.
   (2) The CHOP database shall contain records of indexed information
related to DNA hits and case-to-case matches, including, but not
limited to, the identity of the submitting crime laboratory, the
investigating law enforcement agency, a district attorney contact,
and offender information, including criminal charges and conviction
information.
   (c) (1) Except to the extent required by the United States
Constitution or the California Constitution, the Department of
Justice, a law enforcement agency, a local, state, or federal
prosecutorial entity, a crime laboratory, or a federal, state, or
local agency shall not be compelled to provide information from or
about the CHOP database in any criminal or civil proceeding.
   (2) The Department of Justice shall not release case specific
information that the investigating law enforcement agency has
requested to keep confidential because its release would impair a
pending criminal investigation.
   (d) (1) On a schedule set forth by the Department of Justice, the
Department of Corrections and Rehabilitation, and each law
enforcement agency, medical examiner, coroner, public fire department
investigator, state mental health investigator, county probation
department, district attorney, and any other participating entity
shall 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, in a format approved by the
Department of Justice DNA Laboratory.
   (2) A county shall be reimbursed for the costs of complying with
paragraph (1).