Amended in Assembly August 4, 2014

Amended in Assembly June 19, 2014

Amended in Senate May 27, 2014

Amended in Senate May 7, 2014

Amended in Senate March 17, 2014

Senate Bill No. 980

Introduced by Senator Lieu

(Coauthor: Senator Leno)

February 11, 2014

An act to amend Sections 1405 and 1417.9 of, and to add Section 1405.1 to, the Penal Code, relating to DNA testing.

LEGISLATIVE COUNSEL’S DIGEST

SB 980, as amended, Lieu. Prisoners: DNA testing.

(1) Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. begin insert Existing law allows the court to order a hearing on the motion in the court’s discretion. end insert

begin delete

This bill would, upon appointment or retention of counsel to investigate and file a motion pursuant to these provisions, or at any time after a petition for DNA testing has been filed, authorize a court to order that counsel be provided information and documentation as to the existence and availability of evidence that may be subject to DNA testing, relating to the investigation, arrest, or prosecution of the defendant upon a showing that there is good cause to believe that the information and documentation is reasonably necessary to the counsel’s effort to investigate whether a motion for DNA testing is appropriate, as specified.

end delete begin insert

This bill would instead allow the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. This bill would, upon request of the convicted person or the convicted person’s counsel, allow a court to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of DNA lab reports, copies of evidence logs, and other specified documents.

end insert begin insert

(2) Existing law requires notice of a motion for DNA testing to be served on the Attorney General, the district attorney in the county of conviction, and, if known, the governmental agency or laboratory holding the evidence sought to be retested. Existing law requires the response, if any, to be filed within 60 days of the date on which the Attorney General and the district attorney are served with the motion, unless a continuance is granted for good cause.

end insert begin insert

This bill would extend the time for filing a response to 90 days. The bill would also allow either party to request an additional 60 days to brief certain specified issues.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Existing law requires a court to grant the motion for DNA testing if it determines, among other things, that the requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person’s verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction.

This bill would state that the defendant is not required to show that a favorable test result would conclusively establish his or her innocence before the court may grant a motion for DNA testing. The bill would prohibit a court from deciding whether the requested DNA testing results, assuming a DNA test result favorable to the defendant, would ultimately require some form of relief from the conviction. begin delete The bill would authorize a court to order the relevant governmental entity to conduct a keyboard search of the state index system or the Combined DNA Index System (CODIS) to compare a profile obtained from the results of DNA testing conducted pursuant to these provisions to the profiles contained in the state index system or the CODIS databank. The bill would change the accreditation requirements for a laboratory that may be designated by the court to perform the DNA testing pursuant to these provisions if the parties cannot mutually agree on a laboratory, as specified. end delete

begin insert

If the court grants a motion for DNA testing and a profile of an unknown contributor is generated, the bill would allow the court to conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the Federal Index System, if certain conditions are met, as specified.

end insert begin insert

The bill would revise the requirements that a laboratory is required to meet in order to conduct testing pursuant to a motion for DNA retesting, as specified.

end insert begin delete

(3)

end delete

begin insert (4) end insert  Existing law requires the appropriate governmental entity to retain all biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with the case. Existing law allows the governmental entity to dispose of biological material before the expiration of this time period if the governmental entity notifies the inmate and his or her counsel, and the notifying entity does not receive, within 90 days of sending the notification, a motion for DNA testing, a request that the material not be destroyed because a motion for DNA testing will be filed within 180 days, or a declaration of innocence that has been filed with the court within 180 days of the judgment of conviction.

This begin delete bill would require the governmental entity to retain all biological material that is secured in connection with a criminal case for the period of time that any person remains incarcerated or on parole in connection with the case. The end delete bill would allow the governmental entity to dispose of biological material before the expiration of begin delete this time end delete begin insert the time that the person remains incarcerated in connection with the case end insert if the governmental entity notifies the inmate and his or her counsel, and the notifying entity does not receive, within one year of sending the notification, a motion for DNA testing, a request that the material not be destroyed because a motion for DNA testing will be filed within one year, or a declaration of innocence that has been filed with the court within one year of the judgment of conviction. By increasing the duties of local governmental entities in regard to the retention of biological material, this bill would impose a state-mandated local program.

begin delete

If evidence has been destroyed in violation of these provisions, and if the appropriate governmental entity receives a request for evidence, the bill would require the agency to submit a statement that a representative from the agency personally searched for the requested evidence and determined that the evidence has been destroyed. This bill would require the statement to be signed under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would require the court to consider appropriate remedies if it finds that biological evidence has been destroyed.

end delete begin delete

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.

end delete begin delete

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end delete begin delete

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end delete begin insert

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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 1405 of the Penal Code is amended to
read:

1405.  

(a) A person who was convicted of a felony and is
currently serving a term of imprisonment may make a written
motion begin insert , pursuant to subdivision (d), end insert before the trial court that
entered the judgment of conviction in his or her case, for
performance of forensic deoxyribonucleic acid (DNA) testing.

(b) (1) An indigent convicted person may request appointment
of counsel begin insert in order end insert to prepare a motion begin delete under this section end delete begin insert pursuant
to subdivision (d) end insert by sending a written request to the court. The
request shall include the person’s statement that he or she was not
the perpetrator of the crime and begin delete that end delete begin insert shall explain how the end insert DNA
testing is relevant to his or her assertion of innocence. The request
also shall include the person’s statement as to whether he or she
previously has had counsel appointed under this section.

(2) If any of the information required in paragraph (1) is missing
from the request, the court shall return the request to the convicted
person and advise him or her that the matter cannot be considered
without the missing information.

(3) (A) Upon a finding that the person is indigent, he or she
has included the information required in paragraph (1), and counsel
has not previously been appointed pursuant to this subdivision,
the court shall appoint counsel to investigate and, if appropriate,
to file a motion for DNA testing under this section and to represent
the person solely for the purpose of obtaining DNA testing under
this section.

(B) Upon a finding that the person is indigent, and counsel
previously has been appointed pursuant to this subdivision, the
court may, in its discretion, appoint counsel to investigate and, if
appropriate, to file a motion for DNA testing under this section
and to represent the person solely for the purpose of obtaining
DNA testing under this section.

(4) This section does not provide for a right to the appointment
of counsel in a postconviction collateral proceeding, or to set a
precedent for any such right, in any context other than the
representation being provided an indigent convicted person for the
limited purpose of filing and litigating a motion for DNA testing
pursuant to this section.

begin delete

(c) Upon appointment of counsel pursuant to subdivision (b),
or upon retention of counsel in all other cases, to investigate and,
if appropriate, to file a motion for DNA testing pursuant to this
section, and upon request of counsel, or at any time after a petition
has been filed pursuant to this section, a court may order that
counsel, or counsel’s representatives, be provided information and
documentation as to the existence and availability of evidence that
may be subject to DNA testing, including, but not limited to, any
physical evidence relating to the investigation, arrest, or
prosecution of the defendant, upon a showing that there is good
cause to believe that the information and documentation is
reasonably necessary to the counsel’s effort to investigate whether
a motion for DNA testing is appropriate. Upon request of counsel,
and upon a showing that there is good cause to believe that it is
reasonably necessary to counsel’s effort to investigate whether a
motion for DNA testing is appropriate, the court also may order
all of the following:

(1) The appropriate governmental entity to locate and provide
counsel with any documents, notes, logs, or reports relating to
items of physical evidence collected in connection with the case
or to otherwise assist the defendant in locating items of biological
evidence that the governmental entity contends have been lost or
destroyed.

(2) The appropriate governmental entity to take reasonable
measures to locate biological evidence that may be in its custody.

(3) The appropriate governmental entity to assist counsel in
locating relevant evidence that is accessible to the governmental
entity that may be in the custody of a public or private hospital,
public or private laboratory, or other facility.

(4) The production of laboratory documents of analyses
performed from the time of evidence intake to disposition, in the
original form provided by the laboratory, as prepared in connection
with the examination or analyses of any items collected as evidence
that may contain biological material. This includes, but is not
limited to, the underlying data and laboratory notes prepared in
connection with DNA tests, presumptive tests for the presence of
biological material, serological tests, and analyses of trace
evidence, if the evidence had been subjected to that testing. Any
and all items from the requested case file shall be made available,
including digital files and nonphotocopied photograph-quality
prints of photographs taken.

end delete begin insert

(c) Upon request of the convicted person or convicted person’s
counsel, the court may order the prosecutor to make all reasonable
efforts to obtain, and police agencies and law enforcement
laboratories to make all reasonable efforts to provide, the following
documents that are in their possession or control, if the documents
exist:

end insert begin insert

(1) Copies of DNA lab reports, with underlying notes, prepared
in connection with the laboratory testing of biological evidence
from the case, including presumptive tests for the presence of
biological material, serological tests, and analyses of trace
evidence.

end insert begin insert

(2) Copies of evidence logs, chain of custody logs and reports,
including, but not limited to, documentation of current location of
biological evidence, and evidence destruction logs and reports.

end insert begin insert

(3) If the evidence has been lost or destroyed, a custodian of
record shall submit a report to the prosecutor and the convicted
person or convicted person’s counsel that sets forth the efforts that
were made in an attempt to locate the evidence. If the last known
or documented location of the evidence prior to its loss or
destruction was in an area controlled by a law enforcement agency,
the report shall include the results of a physical search of the area.

end insert

(d) (1) The motion for DNA testing shall be verified by the
convicted person under penalty of perjury and shall begin delete do end delete begin insert include end insert all
of the following:

begin insert

(A) A statement that he or she is innocent and not the perpetrator
of the crime.

end insert begin delete

(A)

end delete

begin insert (B) end insert  Explain why the identity of the perpetrator was, or should
have been, a significant issue in the case.

begin insert

(C) Make every reasonable attempt to identify both the evidence
that should be tested and the specific type of DNA testing sought.

end insert begin delete

(B)

end delete

begin insert (D) end insert  Explain, in light of all the evidence, how the requested DNA
testing would raise a reasonable probability that the convicted
person’s verdict or sentence would be more favorable if the results
of DNA testing had been available at the time of conviction.

begin delete

(C) Make every reasonable attempt to identify both the evidence
that should be tested and the specific type of DNA testing sought.

end delete begin delete

(D)

end delete

begin insert (E) end insert  Reveal the results of any DNA or other biological testing
that was conducted previously by either the prosecution or defense,
if known.

begin delete

(E)

end delete

begin insert (F) end insert  State whether any motion for testing under this section
previously has been filed and the results of that motion, if known.

(2) Notice of the motion shall be served on the Attorney General,
the district attorney in the county of conviction, and, if known, the
governmental agency or laboratory holding the evidence sought
to be tested. Responses, if any, shall be filed within begin delete 60 end delete begin insert 90 end insert days of
the date on which the Attorney General and the district attorney
are served with the motion, unless a continuance is granted for
good cause.

(e) If the court finds evidence was subjected to DNA or other
forensic testing previously by either the prosecution or defense, it
shall order the party at whose request the testing was conducted
to provide all parties and the court with access to the laboratory
reports, underlying data, and laboratory notes prepared in
connection with the DNA or other biological evidence testing.

(f)  begin delete The court, in its discretion, may order a hearing on the
motion. The motion shall be heard by the end delete begin insert If the court determines
that the convicted person has met all of the requirements of
subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision
(d), the court may, as it deems necessary, order a hearing on the
motion. The end insert judge who conducted the trial, or accepted the
convicted person’s plea of guilty or nolo contendre, begin insert shall conduct
the hearing end insert unless the presiding judge determines that judge is
unavailable. Upon request of either party, the court may order, in
the interest of justice, that the convicted person be present at the
hearing of the motion. begin insert Either party, upon request, may request an
additional 60 days to brief issues raised in subdivision (g). end insert

(g)  begin delete Before the granting of a motion for DNA testing pursuant
to this section, the defendant is not required to show that a
favorable test would conclusively establish his or her innocence. end delete
begin insert In determining whether to grant testing, the court shall not decide
whether the requested DNA testing results, assuming a DNA test
result favorable to the convicted person, would ultimately require
some form of relief from the conviction. In addition, before the
granting of a motion for DNA testing pursuant to this section, the
convicted person is not required to show that a favorable test
would conclusively establish his or her innocence. end insert Rather, the
court shall grant the motion for DNA testing if it determines all
of the following have been established:

(1) The evidence to be tested is available and in a condition that
would permit the DNA testing requested in the motion.

(2) The evidence to be tested has been subject to a chain of
custody sufficient to establish it has not been substituted, tampered
with, replaced, or altered in any material begin delete aspect, or if the chain of
custody does not establish the integrity of the evidence, the testing
itself has the potential to establish the integrity of the evidence.
For purposes of this section, evidence that has been in the custody
of law enforcement, other government officials, or a public or
private hospital shall be presumed to satisfy the chain of custody
requirement of this paragraph, absent specific evidence of material
tampering, replacement, or alteration end delete begin insert aspect end insert .

(3) The identity of the perpetrator of the crime was, or should
have been, a significant issue in the case.

(4) The convicted person has made a prima facie showing that
the evidence sought to be tested is material to the issue of the
convicted person’s identity as the perpetrator of, or accomplice
to, the crime, special circumstance, or enhancement allegation that
resulted in the conviction or sentence.

(5) The requested DNA testing results would raise a reasonable
probability that, in light of all the evidence, the convicted person’s
verdict or sentence would have been more favorable if the results
of DNA testing had been available at the time of conviction. begin delete In
determining whether to grant testing, the court shall not decide
whether the requested DNA testing results, assuming a DNA test
result favorable to the defendant, would ultimately require some
form of relief from the conviction. end delete The court in its discretion may
consider any evidence whether or not it was introduced at trial.

(6) The evidence sought to be tested meets either of the
following conditions:

(A) The evidence was not tested previously.

(B) The evidence was tested previously, but the requested DNA
test would provide results that are reasonably more discriminating
and probative of the identity of the perpetrator or accomplice or
have a reasonable probability of contradicting prior test results.

(7) The testing requested employs a method generally accepted
within the relevant scientific community.

(8) The motion is not made solely for the purpose of delay.

(h) (1) If the court grants the motion for DNA testing, the court
order shall identify the specific evidence to be tested and the DNA
technology to be used.

(2) The testing shall be conducted by a laboratory begin insert that meets
the FBI Director’s Quality Assurance Standards and that is end insert
mutually agreed upon by the district attorney in a noncapital case,
or the Attorney General in a capital case, and the person filing the
motion. If the parties cannot agree, the court shall designate begin delete the
laboratory to conduct the testing and shall consider designating a
laboratory accredited by an accreditation body that is a signatory
to the International Laboratory Accreditation Cooperation (ILAC)
Mutual Recognition Agreement (MRA) and offers forensic
laboratory accreditation services end delete begin insert a laboratory that meets the FBI
Director’s Quality Assurance Standards. Laboratories accredited
by the following entities have been determined to satisfy this
requirement: the American Association for Laboratory
Accreditation (A2LA), the American Society of Crime Laboratory
Directors/Laboratory Accreditation Board (ASCLD/LAB), and
Forensic Quality Services (ANSI-ASQ National Accreditation
Board FQS) end insert .

begin delete

(3) Analysts, technicians, or other agents of the laboratory
conducting the testing, including local or state governmental
laboratories, shall communicate directly with and provide
documentation directly to both parties, and shall not communicate
with, or take direction from, one party individually, unless the
parties agree otherwise.

end delete begin insert

(3) If the accredited laboratory selected by the parties or
designated by the court to conduct DNA testing is not a National
DNA Index System (NDIS) participating laboratory that takes or
retains ownership of the DNA data for entry into the Combined
DNA Index System (CODIS), the laboratory selected to perform
DNA testing shall not initiate analysis for a specific case until
documented approval has been obtained from an appropriate NDIS
participating laboratory’s technical leader of acceptance of
ownership of the DNA data from the selected laboratory that may
be entered into or searched in CODIS.

end insert

(i)  begin insert In accordance with the court’s order pursuant to subdivision
(h), the laboratory may communicate with either party, upon
request, during the testing process. end insert The result of any testing
ordered under this section shall be fully disclosed to the person
filing the motion, the district attorney, and the Attorney General.
If requested by any party, the court shall order production of the
underlying laboratory data and notes.

(j) (1)  The cost of DNA testing ordered under this section shall
be borne by the state or the applicant, as the court may order in
the interests of justice, if it is shown that the applicant is not
indigent and possesses the ability to pay. However, the cost of any
additional testing to be conducted by the district attorney or
Attorney General shall not be borne by the convicted person.

(2) In order to pay the state’s share of any testing costs, the
laboratory designated in subdivision begin delete (g) end delete begin insert (h) end insert shall present its bill
for services to the superior court for approval and payment. It is
the intent of the Legislature to appropriate funds for this purpose
in the 2000-01 Budget Act.

(k) An order granting or denying a motion for DNA testing
under this section shall not be appealable, and shall be subject to
review only through petition for writ of mandate or prohibition
filed by the person seeking DNA testing, the district attorney, or
the Attorney General. The petition shall be filed within 20 days
after the court’s order granting or denying the motion for DNA
testing. In a noncapital case, the petition for writ of mandate or
prohibition shall be filed in the court of appeal. In a capital case,
the petition shall be filed in the California Supreme Court. The
court of appeal or California Supreme Court shall expedite its
review of a petition for writ of mandate or prohibition filed under
this subdivision.

(l) DNA testing ordered by the court pursuant to this section
shall be done as soon as practicable. However, if the court finds
that a miscarriage of justice will otherwise occur and that it is
necessary in the interests of justice to give priority to the DNA
testing, a DNA laboratory shall be required to give priority to the
DNA testing ordered pursuant to this section over the laboratory’s
other pending casework.

(m) DNA profile information from biological samples taken
from a convicted person pursuant to a motion for postconviction
DNA testing is exempt from any law requiring disclosure of
information to the public.

(n) Notwithstanding any other provision of law, the right to file
a motion for postconviction DNA testing provided by this section
is absolute and shall not be waived. This prohibition applies to,
but is not limited to, a waiver that is given as part of an agreement
resulting in a plea of guilty or nolo contendre.

(o) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.

begin delete

SEC. 2.  

Section 1405.1 is added to the Penal Code, to read:

1405.1.  

(a) If the court grants a motion for DNA testing
pursuant to Section 1405, testing is performed, and a DNA profile
is obtained from the results of DNA testing of biological material
that excludes the convicted person, the court may, on its own
motion or by motion of the defendant, order the relevant
governmental agency to conduct a keyboard search of the
Combined DNA Index System (CODIS) to compare the profile
obtained from the results of DNA testing of biological material to
the profiles contained within the state index system or the CODIS
databank. DNA profiles shall meet current national DNA database
index system eligibility standards and conform to current Federal
Bureau of Investigation quality assurance standards in order to be
eligible for search against the state index system or the CODIS
databank. A court shall not order a keyboard search of the state
index system or the CODIS databank to make a comparison that
would violate state index system or CODIS rules.

(b) For the purposes of this section, profiles contained within
the CODIS databank includes those profiles contained with the
Convicted Offender Index, the Forensic Index, the Arrestee Index,
the Missing or Unidentified Persons Index, and the Missing Persons
Reference Index.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1405.1 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 1405.1. end insert   

(a) When the Court grants a motion for DNA testing
pursuant to Section 1405 and a DNA profile of an unknown
contributor is generated, the court may conduct a hearing to
determine if the DNA profile should be uploaded into the State
Index System, and if appropriate, the National Index System. The
court may issue an order directing the upload of the DNA profile
into the State Index System, and if appropriate, the National Index
System, only if all of the following conditions are met:

(1) The source of the DNA profile is attributable to the putative
perpetrator of the crime.

(2) The profile meets all requirements, whether technical or
otherwise, for permanent inclusion into the State Index System,
and if appropriate, the National Index System, as determined by
the Department of Justice, the Federal Bureau of Investigation,
federal law, and California law.

(3) The convicted person or convicted person’s counsel provides
written notice to the California Combined DNA Index System
(CODIS) State Administrator at the Department of Justice, the
Attorney General, and the District Attorney 15 court days prior
to the hearing to determine if the DNA profile should be uploaded
into the State Index System, and if appropriate, the National Index
System.

(b) A court shall not order an upload of a DNA profile into the
State Index System or the National Index System that violates any
CODIS or state rule, policy, or regulation.

end insert

SEC. 3.  

Section 1417.9 of the Penal Code is amended to read:

1417.9.  

(a) Notwithstanding any other provision of law and
subject to subdivision (b), the appropriate governmental entity
shall retain all biological material that is secured in connection
with a criminal case for the period of time that any person remains
incarcerated begin delete or on parole end delete in connection with that case. The
governmental entity shall have the discretion to determine how
the evidence is retained pursuant to this section, provided that the
evidence is retained in a condition suitable for deoxyribonucleic
acid (DNA) testing.

(b) A governmental entity may dispose of biological material
before the expiration of the period of time described in subdivision
(a) if all of the conditions set forth below are met:

(1) The governmental entity notifies all of the following persons
of the provisions of this section and of the intention of the
governmental entity to dispose of the material: any person, who
as a result of a felony conviction in the case is currently serving a
term of imprisonment and who remains incarcerated begin delete or on parole end delete
in connection with the case, any counsel of record, the public
defender in the county of conviction, the district attorney in the
county of conviction, and the Attorney General.

(2) The notifying entity does not receive, within one year of
sending the notification, any of the following:

(A) A motion filed pursuant to Section 1405. However, upon
filing of that motion, the governmental entity shall retain the
material only until the time that the court’s denial of the motion
is final.

(B) A request under penalty of perjury that the material not be
destroyed or disposed of because the declarant will file a motion
for DNA testing pursuant to Section 1405 within one year, unless
a request for an extension is requested by the convicted person
and agreed to by the governmental entity in possession of the
evidence.

(C) A declaration of innocence under penalty of perjury that
has been filed with the court within one year of the judgment of
conviction or July 1, 2001, whichever is later. However, the court
shall permit the destruction of the evidence upon a showing that
the declaration is false or there is no issue of identity that would
be affected by additional testing. The convicted person may be
cross-examined on the declaration at any hearing conducted under
this section or on an application by or on behalf of the convicted
person filed pursuant to Section 1405.

(3) No other provision of law requires that biological evidence
be preserved or retained.

(c) Notwithstanding any other provision of law, the right to
receive notice pursuant to this section is absolute and shall not be
waived. This prohibition applies to, but is not limited to, a waiver
that is given as part of an agreement resulting in a plea of guilty
or nolo contendre.

begin delete

(d) If evidence has been destroyed in violation of this section
or otherwise, and if the appropriate governmental entity receives
a request for evidence under Section 1405, the appropriate
governmental entity shall submit a statement that a representative
from the agency personally searched for the requested evidence,
without relying solely upon the agency’s internal index or evidence
location database, and determined that the evidence has been
destroyed. The statement shall be signed under penalty of perjury
by the agency’s representative who conducted the search. If the
court finds that biological evidence was destroyed in violation of
the provisions of this section, it shall consider appropriate remedies.

end delete

begin delete

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other 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 delete

begin insert

begin insert SEC. 4. 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