Today's Law As Amended


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SB-1226 Criminal procedure: DNA evidence.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1405.1 of the Penal Code is amended to read:

1405.1.
 (a) When  Except as otherwise provided in subdivision (b), if  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 shall  conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System. The court may shall  issue an order directing the upload of the DNA profile into the State Index System, and if appropriate, the National DNA 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 DNA 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 30 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 DNA Index System.
(b) If the court has previously issued an order directing the upload of an unknown contributor DNA profile pursuant to subdivision (a), and subsequent DNA testing in the same case ordered pursuant to Section 1405 generates an unknown contributor DNA profile, the court may conduct a hearing to determine if that DNA profile should be uploaded into the State Index System, and if appropriate, the National DNA Index System, and may issue an order directing the upload of the DNA profile only if the conditions stated in paragraphs (1) to (3), inclusive, of subdivision (a) are met.
(b) (c)  A court shall not order an upload of a DNA profile into the State Index System or the National DNA Index System that violates any CODIS or state rule, policy, or regulation.