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AB-1584 Criminal law: DNA collection: minors.(2017-2018)

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Date Published: 01/03/2018 02:27 PM
AB1584:v97#DOCUMENT

Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1584


Introduced by Assembly Member Gonzalez Fletcher

February 17, 2017


An act to amend Section 1677 of the Insurance Code, relating to insurance. add Section 300.7 to the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


AB 1584, as amended, Gonzalez Fletcher. Insurance: production agents: license examinations: contracts. Criminal law: DNA collection: minors.
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (the DNA Act), prescribes the circumstances under which DNA may be collected from a qualifying person for inclusion in the statewide DNA database, as specified.
Unless required under the DNA Act or pursuant to a court order or search warrant, this bill would prohibit a law enforcement entity from collecting a buccal swab sample or any other biological sample from a minor without first obtaining written consent of the minor and the minor’s parent or legal guardian.

Existing law requires the Insurance Commissioner to give, at least once each month, in each of the cities in which he or she has an office, qualifying examinations for production agent licenses. Existing law, from January 1, 2018, to January 1, 2024, inclusive, requires that the examination for a license as a life agent, life-only agent, and accident and health agent be provided in English and Spanish.

This bill would require a person granted a license, after taking an examination pursuant to the above-described provisions, to provide the consumer with contracts, policies, certificates, riders, and any other required notices written in Spanish if Spanish was principally used in the negotiation of the contract.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 300.7 is added to the Penal Code, to read:

300.7.
 Unless required by this chapter or pursuant to a court order or search warrant, a law enforcement entity shall not collect a buccal swab sample or any other biological sample from a minor without first obtaining written consent of the minor and the minor’s parent or legal guardian.

SECTION 1.Section 1677 of the Insurance Code, as amended by Section 2 of Chapter 560 of the Statutes of 2016, is amended to read:
1677.

(a)Each qualifying examination for a license pursuant to this chapter shall be in writing and shall be of sufficient scope to satisfy the commissioner that the applicant has sufficient knowledge of, and is reasonably familiar with, the insurance laws of this state and with the provisions, terms, and conditions of the insurance that may be transacted pursuant to the license sought, and that the applicant has a general and fair understanding of the obligations and duties of the holder of that license.

(b)(1)On and after January 1, 2018, the examination for a license as a life agent, life-only agent, and accident and health agent shall be provided in English and Spanish.

(2)A person granted a license, after taking an examination pursuant to paragraph (1), shall provide the consumer with contracts, policies, certificates, riders, and any other required notices written in Spanish if Spanish was principally used in the negotiation of the contract.

(c)The commissioner shall evaluate the qualifying examination taken in Spanish and submit a report of the results to the Legislature no later than March 1, 2023. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include, but not be limited to, all of the following:

(1)The number of people taking the examination.

(2)The pass rate, including a comparison between the comparable licensing examination taken in English.

(3)The number of licenseholders that sat for the examination provided in Spanish and passed the examination that remain licensed.

(4)The number of consumer complaints received and enforcement actions taken with regard to the licenseholders who passed the examination in Spanish.

(d)This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2024, deletes or extends that date.