Bill Text: CA AB16 | 2017-2018 | Regular Session | Amended
Bill Title: Criminal law: DNA evidence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2018-02-01 - Died on third reading file. [AB16 Detail]
Download: California-2017-AB16-Amended.html
|
Amended
IN
Assembly
January 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 16 |
| Introduced by Assembly Member Cooper (Principal coauthor: Senator De León) |
December 05, 2016 |
An act to amend Section 296 of the Penal Code, relating to DNA evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 16, as amended, Cooper.
Criminal law: DNA evidence.
Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by votes voters at the November 2, 2004, general election 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 imposes these requirements regardless of when the crime charged or committed became a qualifying offense. Proposition 69 may be amended by a statute that is passed by a
majority vote if the amendments are consistent with, and further the purposes of, the proposition.
This bill would expand these provisions to require amend Proposition 69 by additionally requiring persons convicted of specified misdemeanors misdemeanors, including, among others, assault with a deadly weapon and sexual battery, 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.
This bill would find and declare that it is consistent with, and furthers the purposes of, Proposition 69.
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 these statutory provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 person, including any juvenile, who is convicted of, or pleads guilty or no contest to, any felony offense, or is found not guilty by reason of insanity of any felony offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense.
(2) Any adult person who is
arrested for for, or charged with with, any of the following felony offenses:
(A) Any felony offense specified in Section 290 or attempt to commit any felony offense described in Section 290, or any 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, 2009, any adult person arrested or charged with any felony offense.
(3) Any person, including any 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 person, including any 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 felony offense.
(4) Any person, excluding a juvenile, who is convicted of, or pleads guilty or no contest to, any of the following offenses:
or is found not guilty by reason of insanity of, a misdemeanor violation of Section 136.1, 136.5, 171b, 186.28, 243.4, 244.5, 245, 245.5, 417, 417.6, 422, 646.9, 25300, or 32625, or subdivision (b), (c), or (d) of Section 243, or subdivision (d) of Section 26100.
(A)A misdemeanor violation of Section 459.5.
(B)A violation
of subdivision (a) of Section 473 that is punishable as a misdemeanor 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 subdivision (a) of Section 11350 of the Health and Safety Code.
(G)A misdemeanor violation of subdivision (a) of Section 11357 of the Health and Safety Code.
(H)A misdemeanor violation of
subdivision (a) of Section 11377 of the Health and Safety Code.
(5) The term “felony” as used in this subdivision includes an attempt to commit the offense.
(6) This chapter does not prohibit 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 apply as soon as administratively practicable shall apply to all qualifying persons regardless of sentence imposed, including a sentence of death, life without the possibility of parole, or 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 a 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 apply 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 former 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 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 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 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 cases, 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.
