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

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Date Published: 06/04/2018 09:00 PM
AB1584:v96#DOCUMENT

Amended  IN  Senate  June 04, 2018
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 add Section 300.7 296.3 to the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


AB 1584, as amended, Gonzalez Fletcher. 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. minor and approval of the minor’s consent by a parent, legal guardian, or attorney, as specified.
The bill would also prohibit, except as otherwise expressly authorized by law, the entry of a minor’s DNA into a DNA and forensic identification database, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 296.3 is added to the Penal Code, to read:

296.3.
 (a) A law enforcement officer, employee of a law enforcement agency, or any agent thereof, shall not collect any biological sample, including, but not limited to, a buccal swab sample, from a minor, for the purposes of obtaining the DNA of that minor, as part of the investigation of a crime in which the minor is alleged to be a suspect or participant.
(b) Subdivision (a) does not apply in any of the following circumstances:
(1) The sample is collected pursuant to a valid search warrant or court order.
(2) The sample collection is expressly required pursuant to this chapter.
(3) Both of the following conditions are met:
(A) The minor consents in writing, after being orally advised of the purpose and manner of the collection, the right to refuse consent, and the right to consult with an attorney, parent, or legal guardian prior to providing consent.
(B) A parent or legal guardian of the minor, or an attorney representing the minor, is contacted, is provided the admonition specified in subparagraph (A), is allowed to privately consult with the minor, and, after that consultation, concurs with the minor’s decision to consent.
(c) The detention of a minor shall not be extended solely for the purpose of contacting a parent, legal guardian, or attorney pursuant to paragraph (3) of subdivision (b), if a parent, legal guardian, or attorney cannot be reached after a reasonable attempt has been made.
(d) The court shall, in adjudicating the admissibility of a DNA sample taken from a minor without a warrant, consider the effect of any failure to comply with this section.
(e) Except as otherwise required pursuant to this chapter, a DNA sample collected from a minor shall not be added to any DNA and forensic identification database or data bank, including but not limited to any local forensic DNA and forensic identification database or databank, the state DNA and forensic identification database and databank, or any national or international DNA database and data bank. This section does not apply to suspected offender DNA that is collected as evidence from the person of a victim under the age of 18 years.

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.