BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          SB 1079 (Glazer) - DNA evidence:  CODIS Hit Outcome Project
          
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          |Version: March 28, 2016         |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: April 25, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.




          Bill  
          Summary:  SB 1079 would establish the CODIS Hit Outcome Project  
          (CHOP) database, to be managed and administered by the  
          Department of Justice (DOJ). This bill would require every city,  
          county, or state laboratory participating in CODIS to enter  
          specified data into the CHOP database, and would require each  
          law enforcement agency responsible for the investigation or  
          prosecution of a case involving a DNA database match to a  
          California offender to report to DOJ the status or outcome of  
          that investigative lead.


          Fiscal  
          Impact:  
            CHOP administration  :  One-time minor costs (Special Fund*) to  
            the DOJ to develop the reporting schedule and instructions for  
            DNA laboratories and law enforcement agencies. Ongoing  
            workload to manage and administer the database is estimated to  







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            be minor and absorbable.
            Local agency data reporting  :  Potentially significant one-time  
            and ongoing costs (Local Fund** and/or General Fund),  
            potentially in excess of hundreds of thousands of dollars  
            annually to local law enforcement agencies for data reporting  
            requirements, which are unspecified in the bill. There are  
            currently 482 cities and 58 counties in California. The bill  
            specifies local agencies are to be reimbursed for the costs of  
            reporting, however it is unclear what entity is responsible  
            for reimbursing agencies, and from what fund the reimbursement  
            is to be paid. To the extent local agency expenditures qualify  
            as a reimbursable state mandate, agencies could claim  
            reimbursement of those costs (General Fund). 

            California Highway Patrol (CHP)  :  Minor, absorbable impact  
            (Special Fund***).
            CDCR  :  No fiscal impact, as the DNA samples collected by the  
            CDCR are not tested in-house but sent to DOJ laboratories for  
            processing/testing.

          *State DNA Identification Fund
          **County DNA Identification Fund
          ***Motor Vehicle Account


          Background:  Existing law provides that the DOJ, through its DNA  
          Laboratory, is responsible for the management and administration  
          of the state's DNA and Forensic Identification Database and Data  
          Bank Program and for liaising with the Federal Bureau of  
          Investigation regarding the state's participation in a national  
          or international DNA database and data bank program such as the  
          Combined DNA Index System (CODIS) that allows the storage and  
          exchange of DNA records submitted by state and local forensic  
          DNA laboratories nationwide. (Penal Code (PC) § 295 (g).) 
          Under existing law, the DOJ DNA Laboratory is required to  
          establish procedures for entering data bank and database  
          information. (PC 298 § (b)(6).) The DOJ Bureau of Forensic  
          Services (BFS) provides DNA typing support to law enforcement  
          agencies throughout the state for the DNA Data Bank. Seventeen  
          local crime laboratories and seven BFS Laboratories or sections  
          are participants in the California DNA Data Bank Program  
          (CAL-DNA) and the National DNA Index System (NDIS) as part of  
          the CODIS.









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          According to its most recent quarterly report of the DOJ  
          Proposition 69 DNA Data Bank Program (Fourth Quarter 2015), over  
          2.5 million DNA samples have been received and logged since the  
          inception of the program, with 29,245 submissions for the most  
          recent quarter (October-December 2015). The report additionally  
          noted nearly 43,000 DNA profiles uploaded to CODIS for the same  
          quarter. Finally, the report indicated over 45,000 hits since  
          inception of the program, leading to over 53,000 investigations  
          aided.  
          (  https://oag.ca.gov/sites/all/files/agweb/pdfs/bfs/quarterlyrpt-q 
          4-2015.pdf)  


          Pursuant to the implementation provisions of Proposition 69, the  
          DNA Fingerprint, Unsolved Crime and Innocence Protection Act  
          (November 2004), existing law levies an additional penalty of $1  
          for every $10, or part of $10, in each county upon every fine or  
          penalty imposed and collected by the courts for all criminal  
          offenses, including Vehicle Code violations. (GC 76104.6.) Funds  
          are deposited into each county's DNA Identification Fund, and  
          the counties transfer 25 percent of the amounts collected in the  
          county's DNA Identification Fund each year to the Controller for  
          credit to the state's DNA Identification Fund.


          The remaining 75 percent of funds collected in a county's DNA  
          Identification Fund are to be used for specified purposes,  
          including to reimburse local sheriff, police, district attorney,  
          and regional or 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.

          In addition to the penalty assessment described above, existing  
          law levies an additional state-only penalty of $4 for every $10,  
          or part of $10, in each county upon every fine or penalty  
          imposed and collected by the courts for all criminal offenses,  
          and funds are similarly deposited into each county's DNA  
          Identification Fund. Existing law requires 100 percent of these  








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          funds, including any interest earned, to be transferred to the  
          state Controller for deposit into the state's DNA Identification  
          Fund, to be used to fund DOJ forensic laboratories operations,  
          including the operation of the DNA Fingerprint, Unsolved Crime  
          and Innocence Protection Act, and to facilitate compliance with  
          provisions of law limiting the disclosure of DNA data. (GC §  
          76104.7.)


          Proposed Law:  
           This bill would establish the CODIS Hit Outcome Project (CHOP)  
          database, to be managed and administered by the DOJ.  
          Specifically, this bill:
                 Establishes definitions for purposes of the project, and  
               defines "CODIS" to mean the California Combined DNA Index  
               System.
                 Provides that the CHOP database is to 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.
                 Requires every city, county, or state laboratory in  
               California participating in CODIS to, upon notification by  
               the DOJ that a CODIS hit has occurred, enter into the CHOP  
               database the data specified by the DOJ.
                 Requires each law enforcement agency in the state  
               responsible for the investigation or prosecution of a case  
               involving a DNA database match to a California offender to,  
               on a schedule set forth by the DOJ, and pursuant to  
               instructions published by DOJ, report to DOJ through the  
               CHOP database, the status or outcome of that investigative  
               lead.
                 Provides that a city, county, or city and county shall  
               be reimbursed for the costs of complying with reporting  
               requirements on the status or outcome of such leads.
                 Provides that the CHOP database is to 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.








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                 Specifies that the CHOP database shall not contain DNA  
               profiles.
                 Provides that information collected by DOJ pursuant to  
               the CHOP database is investigatory in nature, and shall be  
               deemed official information and subject to the disclosure  
               protections Evidence Code (EC) §§ 1040 and 1041.
                 Provides that nothing in the bill's provisions shall  
               require DOJ or a local law enforcement agency to disclose  
               any information protected under EC § 1040 or 1041, or  
               Section 6254 of the Government Code.


          Staff  
          Comments:  The DOJ has indicated any additional workload  
          generated by the provisions of this bill will be minor and  
          absorbable within existing resources.
          The DOJ, through its DNA Laboratory currently manages and  
          administers the CHOP database. For FY 2015-16, the DOJ reported  
          an appropriation of $72.3 million of DNA Identification Funds,  
          of which $33.1 million was expended for BFS operations, the  
          CAL-DNA Data Bank Program, and data center and criminal history  
          database operations. The fund condition statement indicates the  
          DNA ID Fund is structurally imbalanced due to declining penalty  
          assessment revenues. 

          Based on the DOJ DNA Database and Data Bank Program Annual DNA  
          Identification Fund Report for CY 2014, the report reflected  
          $22.4 million in total funds collected by the counties, of which  
          $9.2 million was allocated to the state and $13.2 million was  
          allocated to the counties. The report indicated total county  
          expenditures of $13 million for administrative costs, collection  
          of samples, processing, analysis, tracking and storage of DNA  
          crime scene samples, equipment, software and other expenses.  


          By requiring law enforcement agencies to report to DOJ according  
          to a schedule and instructions published by the DOJ, this bill  
          creates a state-mandated local program. To the extent the  
          Commission on State Mandates (CSM) determines the bill creates a  
          new program or a higher level of service on local agencies,  
          counties could claim reimbursement for those costs. Although the  
          bill specifies local agencies shall be reimbursed for the costs  
          of complying with reporting requirements to CHOP, it is not  
          specified by whom the agencies will be reimbursed or from what  








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          fund source. To the extent the CSM determines the DNA reporting  
          requirements do not constitute a higher level of service on  
          local agencies, funding could potentially be drawn from each  
          county's DNA Identification Fund. 


          It is estimated that all law enforcement entities, both local  
          and state, would be subject to the data reporting requirements  
          of this bill. There are currently 482 cities and 58 counties in  
          the State. While statewide costs cannot be estimated with  
          certainty, given the large number of local agencies and the lack  
          of specificity on the frequency, volume, and detail of the data  
          required to be reported, these activities could result in  
          significant ongoing costs. DOJ monthly reports reflect an  
          average of 640 monthly database hits and 11,000 DNA profiles  
          imported monthly into CODIS. On an annualized basis, over 7,700  
          hits could require additional reporting. To the extent local  
          agency expenditures qualify as a reimbursable state mandate,  
          agencies could claim reimbursement of those costs (General  
          Fund). For context, the Commission on State Mandates' statewide  
          cost estimate for Crime Statistics Reports for the DOJ reflects  
          eligible reimbursement of over $13.6 million per year for  
          slightly over 50 percent of local agencies reporting. 

          The costs to individual agencies would vary widely and depend on  
          various factors, including but not limited to the volume of hits  
          triggering a reporting requirement, the schedule of reporting,  
          and the time/workload required to fulfill the reporting  
          requirements specified by DOJ instructions that have yet to be  
          developed. While the volume of workload based on the number of  
          hits may not be substantial, the workload required to track the  
          status or outcome of each hit could generate significant  
          workload. To the extent local agencies additionally require  
          system enhancements to track and report the required  
          information, the one-time and ongoing costs for maintenance and  
          operations could also be very significant.


          Recommended  
          Amendments:  As drafted, this bill requires each law enforcement  
          agency responsible for the investigation or prosecution of a  
          case involving a DNA database match to report to the DOJ,  
          however, the disclosure provisions of the bill apply only to DOJ  
          and local law enforcement agencies. As the CHP will also be  








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          required to report into the CHOP database, staff recommends an  
          amendment to extend the disclosure provisions covering local law  
          enforcement agencies and the DOJ to also include state law  
          enforcement agencies in California. 
          On page 3, in line 33, delete "local"




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