Bill Text: CA AB2440 | 2015-2016 | Regular Session | Amended
Bill Title: County DNA Identification Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB2440 Detail]
Download: California-2015-AB2440-Amended.html
BILL NUMBER: AB 2440 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 19, 2016
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to add Section 14252 to the Penal Code, relating to public
safety, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2440, as amended, Gatto. County DNA Identification Fund.
Existing law requires the Department of Justice to develop a DNA
database for all cases involving the report of an unidentified
deceased person or a high-risk missing person, provides for the
collection of DNA samples from unidentified deceased persons and from
potential sources for comparison, as specified, and requires that
the database be funded by a $2 increase on death certificates issued
by a local governmental agency or by the State of California.
Existing law requires a penalty of $1 for every $10 or part thereof
to be levied in each county upon every fine, penalty, or forfeiture
imposed and collected by the court for all criminal offenses, as
specified. Existing law requires the county board of supervisors to
establish a DNA Identification Fund in the county treasury into which
the additional penalty is deposited. Existing law requires the
county treasurer to transfer a specified amount from that fund to the
Controller for credit to the state's DNA Identification Fund.
Existing law specifies the purposes for which the remaining funds in
the county's DNA Identification Fund may be used.
This bill would appropriate $15,000,000 from the General
Fund, Fund to the Controller for apportionment to
counties based on a county's proportionate contribution to the state'
s DNA Identification Fund in the most recent calendar year for which
information is available on January 1, 2017 , would
require that money to be deposited into a county DNA Identification
Fund, and would require the county treasurer to distinguish moneys
collected pursuant to the bill's provisions from other moneys in the
fund. The bill would require the money from the bill's provisions to
be used, upon a resolution by the board of supervisors, to assist
local law enforcement agencies with the investigation of specified
cases involving DNA evidence. The bill would require the district
attorney to publicize, as specified, when an investigation using
these funds results in a solved case. Because this bill would require
county officials to perform additional duties, it 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 these
statutory provisions.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14252 is added to the Penal Code, to read:
14252. (a) The sum of fifteen million dollars ($15,000,000) is
hereby appropriated from the General Fund in the State
Treasury. to the Controller for apportionment to
counties based on a county's proportionate contribution to the state'
s DNA Identification Fund, pursuant to paragraph (2) of subdivision
(b) of Section 76104.6 of the Government Code, in the most recent
calendar year for which information is available on January 1, 2017.
These funds shall be deposited into a county treasury DNA
Identification Fund by the county treasurer, who shall clearly
distinguish moneys collected under this section from moneys collected
under Section 76104.6 of the Government Code, and shall be disbursed
upon a resolution by the board of supervisors. The objective and
intent of the resolution shall be to assist the county sheriff,
district attorney, and other local law enforcement agencies with the
investigations of cases described in subdivision (b).
(b) Funds collected pursuant to this section shall be used only
for the following purposes:
(1) To assist law enforcement agencies within the county,
including the sheriff and district attorney, with the identification,
review, and investigation of unsolved serious or violent cold cases
to determine if biological evidence exists that could provide a DNA
investigative lead to law enforcement, including, but not limited to,
the DNA profile of a putative suspect that could be uploaded into
national, state, local, or other law enforcement DNA databases, and
when more than three years have elapsed since the date of violation
of the cold case crime.
(2) To assist law enforcement agencies within the county,
including the sheriff and district attorney, with the investigation
of cases where crime scene biological evidence has been collected and
analyzed and a DNA profile that could provide an investigative lead
to law enforcement agencies, including, but not limited to, the DNA
profile of a putative suspect, has been generated and uploaded into
national, state, local, or other law enforcement DNA databases and a
DNA match has resulted in the identification of a putative suspect or
a match to a DNA profile from another crime scene.
(c) The district attorney shall publicize on its Internet Web site
and notify the local media every time an investigation that receives
funding from the appropriation described in subdivision (a) results
in a solved case.
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.
