BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1697|
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THIRD READING
Bill No: AB 1697
Author: Donnelly (R)
Amended: 4/10/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
ASSEMBLY FLOOR : 78-0, 4/28/14 (Consent) - See last page for
vote
SUBJECT : DNA and forensic identification database and data
bank
SOURCE : Author
DIGEST : This bill prohibits the Deoxyribonucleic Acid (DNA)
and Forensic Database and Data Bank Program and the Department
of Justice (DOJ) DNA Laboratory 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.
ANALYSIS :
Existing law:
1.Provides that DOJ, through its DNA Laboratory, is responsible
for the management and administration of the state's DNA and
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Forensic Identification Database and Data Bank Program and for
liaising with the Federal Bureau of Investigation (FBI)
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.
2.Provides that the DOJ DNA Laboratory is to serve as a
repository for blood specimens, buccal swab, and other
biological samples collected and is required to analyze
specimens and samples and store, compile, correlate, compare,
maintain, and use DNA and forensic identification profiles and
records related to the following:
A. Forensic casework and forensic unknowns;
B. Known and evidentiary specimens and samples from crime
scenes or criminal investigations;
C. Missing or unidentified persons;
D. Persons required to provide specimens, samples, and
print impressions;
E. Legally obtained samples; and
F. Anonymous DNA records used for training, research,
statistical analysis of populations, quality assurance, or
quality control.
1.States that all DNA and forensic identification profiles and
other identification information retained by DOJ are exempt
from any law requiring disclosure of information to the public
and are confidential except as otherwise provided.
2.Specifies that it is not a violation for the DOJ DNA
Laboratory, or an organization retained as a DOJ agent, or a
local public laboratory to use anonymous records or criminal
history information obtained for training, research,
statistical analysis of populations, quality assurance, or
quality control.
This bill provides that the DNA and Forensic Identification
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Database and Data Bank Program and the DOJ DNA Laboratory shall
not be 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.
Background
DNA Database . The Legislature enacted the DNA and Forensic
Identification Database and Data Bank Act of 1998, which
enhanced statewide biological identifying data collection by
establishing a database within DOJ to house DNA and forensic
identifying material to "assist federal, state, and local
criminal justice and law enforcement agencies within and outside
California in the expeditious and accurate detection and
prosecution of individuals responsible for sex offenses and
other crimes, the exclusion of suspects who are being
investigated for these crimes, and the identification of missing
and unidentified persons, particularly abducted children."
Among other things, the Act expanded the list of crimes, upon
the conviction of which, required an individual to provide blood
specimens and a saliva sample for DNA and genetic analysis. The
samples, collected by the California Department of Corrections
and Rehabilitation, the Department of Youth Authority, and local
jails, were submitted to DOJ for analysis and storage in the
statewide DNA data bank and compared to DNA evidence collected
from crime scenes for possible matches. The DNA profiles also
are submitted to the CODIS maintained by the FBI. CODIS
connects DNA laboratories at the local, state, and national
levels and standardizes the points of comparison used in DNA
analysis.
In 2004, voters amended the Act with the passage of Proposition
69, the "DNA Fingerprint, Unsolved Crime and Innocence
Protection Act." Proposition 69, upon enactment of the measure,
required that DNA collection be expanded to include adults and
juveniles convicted of any felony offense; adults and juveniles
convicted of any sex offense; adults arrested for or charged
with felony sex offenses, murder, voluntary manslaughter, or the
attempt of these crimes. Starting in 2009, Proposition 69
required the DNA collection of all adults arrested for or
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charged with (as opposed to only those convicted of) any felony
offense.
Comments
According to the author:
DOJ maintains indefinite access to more than 1.8 million DNA
samples and counting. Two recent court rulings have determined
that it is constitutional for law enforcement to maintain DNA
samples indefinitely, even if you were never convicted of a
crime. These aforementioned samples contain an individual's
entire genome, and could be tested to reveal traits related to
ethnicity, health, and behavior. While the DOJ may only perform
DNA analysis "for identification purposes," this term is not
defined, and could include research into the link between genes
and criminal behavior. Existing law authorizes DOJ to use its
samples for research purposes, and its vast collection of DNA
samples provides the means to study how genetic profiles could
help preemptively identify individuals predisposed to criminal
behavior. This emerging field is known as "behavioral
genomics."
Recent research indicates that more than one-half of the
variance in antisocial behavior can be attributed to genetic
factors. For example, researchers have demonstrated that
individuals possessing one particular gene variant are
statistically more likely to join a gang, and also more likely
to use a weapon in a fight. The ability of this research to
identify likely criminals and potential criminals will increase
dramatically as researchers gain the means to track the
interaction of thousands of gene variants across millions of
samples, and correlate these results with known criminal
behaviors. DOJ's DNA repository offers that capability.
The ability to perform this analysis is increasingly within
reach. According to the National Human Genome Research
Institute, the cost of whole-genome sequencing has decreased
more than 9,000 fold over the past 10 years.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/18/14)
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Sacramento Urban League
Tax Payers for Improving Public Safety
ASSEMBLY FLOOR : 78-0, 4/28/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Mansoor, Vacancy
JG:e 6/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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