BILL ANALYSIS
AB 2009
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2009 (Logue)
As Amended June 16, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |71-0 |(April 8, 2010) |SENATE: |34-0 |(August 9, |
| | | | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Permits counties to use excess funds from the state's
DNA Identification Fund to reimburse law enforcement and
district attorneys for use of an independent laboratory, other
than the Department of Justice (DOJ), to expedite the analysis
of samples. Specifically, this bill :
1)Provides that a counties may use remaining share of funds from
the state's DNA Identification Fund attributable to the
increase in fees as required by the DNA Fingerprint,
Unresolved Crime and Innocence Act may be used by a local
sheriff, police, district attorney, or regional state crime
laboratory for expenditures and administrative costs made or
incurred for utilizing an authorized laboratory, other than
DOJ's Laboratory, to expedite the analysis of crime scene
samples in order to expedite and proceed with a pending
criminal action or investigation within that county.
2)States that the Legislature finds and declares that this bill
furthers, and is consistent with, the purpose of the DNA
Fingerprint, Unsolved Crime and Innocence Protection Act to
enhance the use of DNA identification evidence for the purpose
of accurate and expeditious crime solving and for exonerating
the innocent by accelerating the testing of DNA samples that
cannot be handled in an expeditious manner without the use of
an outside laboratory.
The Senate amendments :
1)Specify that the reimbursement for costs may be made for the
processing and analysis of forensic identification samples and
testimony related to that analysis.
2)Require authorizations from the county board of supervisors to
AB 2009
Page 2
reimburse local law enforcement for expenditures and
administrative costs made or incurred for utilizing the
laboratory.
EXISTING LAW :
1)States that except as otherwise provided in this section, for
the purpose of implementing the DNA Fingerprint, Unsolved
Crime and Innocence Protection Act, there shall be levied an
additional penalty of $1 for every $10, or part of $10, in
each county upon every fine, penalty, or forfeiture imposed
and collected by the courts for all criminal offenses,
including all offenses involving a violation of the Vehicle
Code or any local ordinance adopted pursuant to the Vehicle
Code.
2)States that the penalty imposed by this section shall be
collected together with and in the same manner as specified
sections. These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any
divisions as specified. The board of supervisors shall
establish in the county treasury a DNA Identification Fund
into which shall be deposited the collected moneys pursuant to
this section. The moneys of the fund shall be allocated.
3)States that this additional penalty does not apply to the
following:
a) Any restitution fine;
b) Specified penalties authorized under the Penal Code;
c) Specified parking offenses; and,
d) The state surcharge authorized by the Penal Code,
4)Provides that the fund moneys described, together with any
interest earned thereon, shall be held by the county treasurer
separate from any funds subject to transfer or division
pursuant to Penal Code Section 1463. Deposits to the fund may
continue through and including the 20th year after the initial
calendar year in which the surcharge is collected, or longer
if and as necessary to make payments upon any lease or
leaseback arrangement utilized to finance any of the projects
specified herein.
AB 2009
Page 3
AS PASSED BY THE ASSEMBLY, this bill permitted counties to use
excess funds from the state's DNA Identification Fund to
reimburse law enforcement and district attorneys for use of an
independent laboratory, other than DOJ, to expedite the analysis
of samples.
FISCAL EFFECT : None
COMMENTS : According to the author, "The backlog of submittals
to the DNA labs is significant. Unless the case is a
high-profile homicide, counties may have to wait over a year for
a DNA result. Private lab work can produce results in two
weeks.
"Yuba County cites two examples of slow DNA work at the State
labs. First, there was a rape case with an offense date of June
6, 2008. The biological samples were first submitted to DOJ in
August of 2008. The final DNA analysis report was provided to
us November 16th, 2009.
"A second case - a stranger rape - involved a female Beale AFB
airman as the victim. The offense date was January 20, 2008.
The biological samples were submitted to DOJ on January 25th,
2008. The final DNA analysis was completed on February 4th,
2009. This was an expedited analysis, with the Yuba County DA
office checking with the lab every month, as the victim was
scheduled to be deployed to Iraq/Afghanistan. The County
managed to delay the deployment, but doing so strained
relationships with the Air Force. The suspect turned out to be
a cable TV installer whose job put him in the homes of cable
subscribers.
"The County would like to make some of the funds generated from
Proposition 69 and placed in the County's trust fund available
to pay for the costs of DNA analysis and testimony through a
private lab.
"The County is not trying to impact funding that goes to the
State lab under the program - and in fact the Yuba proposal
would not in any way affect the portion of the monies collected
which go to the state. The proposal would only free up balances
otherwise unusable at the local level.
"If statute was changed to allow funds generated under Prop. 69
AB 2009
Page 4
to be used for private labs, case turnaround could be in as
little as 2 weeks. The fund balance in Yuba is growing
significantly. At the end of CY 2005 it was $1,045; CY 2006 was
$28,350; CY 2007 was $83,169; and CY 2008 was $148,777. At the
rate the fund balance increases, there will likely be over
$200,000 at the end of this calendar year."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005183