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

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Date Published: 02/20/2020 09:00 PM
SB1226:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1226


Introduced by Senator Jackson

February 20, 2020


An act to amend Section 1405.1 of the Penal Code, relating to criminal procedure.


LEGISLATIVE COUNSEL'S DIGEST


SB 1226, as introduced, Jackson. Criminal procedure: DNA evidence.
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. Under existing law, if the court grants a motion for DNA testing and a profile of an unknown contributor is generated, the court is authorized to conduct a hearing to determine if the DNA profile should be uploaded into the State Index System, and if appropriate, the Federal DNA Index System, if certain conditions are met, as specified, and may issue an order for the DNA profile to be uploaded.
Existing law requires a court to grant a subsequent motion for testing of the same evidence if, in addition to other criteria, 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.
This bill would require the court to issue an order for an unknown contributor DNA profile developed to be uploaded, if specified criteria are met, and would authorize the court to issue an order to upload an unknown contributor DNA profile developed pursuant to a subsequent request for DNA testing of evidence.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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.