Amended in Senate March 28, 2016

Senate Bill No. 1079

Introduced by Senator Glazer

(Coauthor: Assembly Member Baker)

February 17, 2016

An act to add begin delete Section 295.3 to end delete begin insert Article 8 (commencing with Section 301) to Chapter 6 of Title 9 of Part 1 of end insert the Penal Code, relating to DNA evidence.

LEGISLATIVE COUNSEL’S DIGEST

SB 1079, as amended, 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 begin delete experiments, end delete begin insert experiments end insert by any person, agency, or entity seeking to find a causal link between genetics and behavior or health.

This bill would begin delete find and declare that the Department of Justice manages and administers end delete begin insert establish end insert the CODIS Hit Outcome Project (CHOP) database begin delete and end delete begin insert in, and would require that the database be administered and managed by, the department. The bill end insert would impose various requirements and restrictions relating to the CHOP begin delete database end delete begin insert database, end insert including, among other things, begin insert a requirement that every city, county, or state laboratory participating in CODIS enter into the database data specified by the department upon notification that a CODIS hit has occurred, end insert a prohibition begin delete of end delete begin insert against end insert the CHOP database containing DNA begin delete profiles end delete begin insert profiles, end insert and a requirement that begin delete certain entities, including, among others, end delete begin insert each end insert law enforcement begin delete agencies and county probation departments, end delete begin insert agency within California responsible for the investigation or prosecution of a case involving a DNA database match to a California offender end insert report to the Department of Justice, through the CHOP database, the begin insert status or end insert outcome of begin insert that end insert investigative begin delete leads provided by the state’s DNA Database and Data Bank Program. end delete begin insert lead. end insert The bill would require a begin delete county end delete begin insert city, county, or city and county end insert to be reimbursed for the cost of reporting that information to the Department of Justice. begin insert By imposing a higher level of service on local entities, the bill would impose a state-mandated local program. end insert

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Article 8 (commencing with Section 301) is added
to Chapter 6 of Title 9 of Part 1 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

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Article begin insert 8. end insert   CHOP Database

 

begin insert 301. end insert   

(a) For purposes of this article, the following definitions
shall apply:

(b) “CODIS” means the California Combined DNA Index
System.

(c) “CHOP database” refers to the CODIS Hit Outcome Project
database.

(d) “Department” means the Department of Justice.

begin insert 301.1. end insert   

(a) There is hereby established in the department the
CHOP database.

(b) The CHOP database shall be managed and administered
by the department.

begin insert 301.2. end insert   

(a) The CHOP database shall provide a
restricted-access repository for tracking the occurrence and
consequences of DNA database hits, such that information with
investigatory value may be shared among affected law enforcement
agencies and the efficacy of the state’s DNA database may be
monitored and reported upon by the state.

(b) (1) Every city, county, or state laboratory in California
participating in CODIS shall, upon notification by the department
that a CODIS hit has occurred, enter into the CHOP database the
data specified by the department.

(2) On a schedule set forth by the department, and pursuant to
instructions published by the department, each law enforcement
agency within California responsible for the investigation or
prosecution of a case involving a DNA database match to a
California offender shall report to the department, through the
CHOP database, the status or outcome of that investigative lead.

(3) A city, county, or city and county shall be reimbursed for
the costs of complying with paragraph (2).

(c) (1) 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, offender information, investigation status, and
resulting criminal charges and conviction information, if any.

(2) The CHOP database shall not contain DNA profiles.

(3) (A) Information collected by the department pursuant to
this section is investigatory in nature, and shall be deemed official
information and subject to the disclosure protections of Sections
1040 and 1041 of the Evidence Code.

(B) Nothing in this section shall require the department, or a
local law enforcement agency, to disclose any information
protected under Section 1040 or 1041 of the Evidence Code, or
Section 6254 of the Government Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

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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).

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