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SB-781 Criminal law: DNA evidence.(2017-2018)

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Date Published: 02/17/2017 09:00 PM
SB781:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 781


Introduced by Senator Glazer
(Coauthors: Senators Anderson and De León)

February 17, 2017


An act to amend Section 296 of the Penal Code, relating to DNA evidence.


LEGISLATIVE COUNSEL'S DIGEST


SB 781, as introduced, Glazer. Criminal law: DNA evidence.
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election (the DNA act), requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense.
This bill would expand these provisions to require persons convicted of specified misdemeanors to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program.
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.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 296 of the Penal Code is amended to read:

296.
 (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required pursuant to this chapter for law enforcement identification analysis:
(1) Any A person, including any a juvenile, who is convicted of of, or pleads guilty or no contest to to, any felony offense, or is found not guilty by reason of insanity of any a felony offense, or any a juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any a felony offense.
(2) Any An adult person who is arrested for for, or charged with with, any of the following felony offenses:
(A) Any A felony offense specified in Section 290 or attempt to commit any a felony offense described in Section 290, or any a felony offense that imposes upon a person the duty to register in California as a sex offender under Section 290.
(B) Murder or voluntary manslaughter or any attempt to commit murder or voluntary manslaughter.
(C) Commencing on January 1 of the fifth year following enactment of the act that added this subparagraph, as amended, any 1, 2009, an adult person arrested or charged with any felony offense.
(3) Any A person, including any a juvenile, who is required to register under Section 290 or 457.1 because of the commission of, or the attempt to commit, a felony or misdemeanor offense, or any a person, including any a juvenile, who is housed in a mental health facility or sex offender treatment program after referral to such that facility or program by a court after being charged with any a felony offense.
(4) Any person, excluding a juvenile, who is convicted of, or pleads guilty or no contest to, any of the following offenses:
(A) A misdemeanor violation of Section 459.5.
(B) Any misdemeanor punishable pursuant to subdivision (b) of Section 473.
(C) A violation of subdivision (a) of Section 476a that is punishable as a misdemeanor pursuant to subdivision (b) of Section 476a.
(D) A violation of Section 487 that is punishable as a misdemeanor pursuant to Section 490.2.
(E) A violation of Section 496 that is punishable as a misdemeanor.
(F) A misdemeanor violation of Section 666.
(G) A misdemeanor violation of subdivision (a) of Section 11350 of the Health and Safety Code.
(H) A misdemeanor violation of paragraph (2) of subdivision (b) of Section 11357 of the Health and Safety Code.
(I) A misdemeanor violation of subdivision (a) of Section 11377 of the Health and Safety Code.

(4)

(5) The term “felony” as used in this subdivision includes an attempt to commit the offense.

(5)

(6) Nothing in this This chapter shall not be construed as prohibiting collection and analysis of specimens, samples, or print impressions as a condition of a plea for a non-qualifying nonqualifying offense.
(b) The provisions of this chapter and its requirements for submission of specimens, samples samples, and print impressions as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including any a sentence of death, life without the possibility of parole, or any a life or indeterminate term, or any other disposition rendered in the case of an adult or juvenile tried as an adult, or whether the person is diverted, fined, or referred for evaluation, and regardless of disposition rendered or placement made in the case of juvenile who is found to have committed any a felony offense or is adjudicated under Section 602 of the Welfare and Institutions Code.
(c) The provisions of this chapter and its requirements for submission of specimens, samples, and print impressions as soon as administratively practicable by qualified persons as described in subdivision (a) shall apply regardless of placement or confinement in any mental hospital or other public or private treatment facility, and shall include, but not be limited to, the following persons, including juveniles:
(1) Any person committed to a state hospital or other treatment facility as a mentally disordered sex offender under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(2) Any person who has a severe mental disorder as set forth within the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code. 3.
(3) Any person found to be a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(d) The provisions of this chapter are mandatory and apply whether or not the court advises a person, including any a juvenile, that he or she must provide the data bank and database specimens, samples, and print impressions as a condition of probation, parole, or any a plea of guilty, no contest, or not guilty by reason of insanity, or any admission to any of the offenses described in subdivision (a).
(e) If If, at any stage of court proceedings proceedings, the prosecuting attorney determines that specimens, samples, and print impressions required by this chapter have not already been taken from any a person, as defined under in subdivision (a) of Section 296, (a), the prosecuting attorney shall notify the court orally on the record, or in writing, and request that the court order collection of the specimens, samples, and print impressions required by law. However, a failure by the prosecuting attorney or any other a law enforcement agency to notify the court shall not relieve a person of the obligation to provide specimens, samples, and print impressions pursuant to this chapter.
(f) (1) Prior to final disposition or sentencing in the case the court shall inquire and verify that the specimens, samples, and print impressions required by this chapter have been obtained and that this fact is included in the abstract of judgment or dispositional order in the case of a juvenile. The abstract of judgment issued by the court shall indicate that the court has ordered the person to comply with the requirements of this chapter and that the person shall be included in the state’s DNA and Forensic Identification Data Base and Data Bank program and be subject to this chapter.

However,

(2) However, failure by the court to verify specimen, sample, and print impression collection or enter these facts in the abstract of judgment or dispositional order in the case of a juvenile shall not invalidate an arrest, plea, conviction, or disposition, or otherwise relieve a person from the requirements of this chapter.

SEC. 2.

  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.