Bill Text: CA SB1079 | 2015-2016 | Regular Session | Amended
Bill Title: DNA evidence: CODIS Hit Outcome Project.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From committee without further action. [SB1079 Detail]
Download: California-2015-SB1079-Amended.html
BILL NUMBER: SB 1079 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Glazer
(Coauthor: Assembly Member Baker)
FEBRUARY 17, 2016
An act to add Section 295.3 to Article 8
(comme ncing with Section 301) to Chapter 6 of Title 9 of
Part 1 of the Penal Code, relating to DNA evidence.
LEGISLATIVE COUNSEL'S DIGEST
SB 1079, as amended, Glazer. DNA evidence: CODIS Hit Outcome
Project.
Existing law, the DNA and Forensic Identification Database and
Data Bank Act of 1998, provides that the Department of Justice,
through its DNA Laboratory, is responsible for the management and
administration of the state's DNA and Forensic Identification
Database and Data Bank Program. Existing law prohibits the DNA and
forensic identification database and databank from being used as a
source of genetic material for testing, research, or
experiments, experiments by any person, agency,
or entity seeking to find a causal link between genetics and behavior
or health.
This bill would find and declare that the Department of
Justice manages and administers establish the
CODIS Hit Outcome Project (CHOP) database and
in, and would require that the database be administered and managed
by, the department. The bill would impose various requirements
and restrictions relating to the CHOP database
database, including, among other things, a
requirement that every city, county, or state laboratory
participating in CODIS enter into the database data specified by the
department upon notification that a CODIS hit has occurred, a
prohibition of against the CHOP
database containing DNA profiles profiles,
and a requirement that certain entities, including,
among others, each law enforcement
agencies and county probation departments, agency
within California responsible for the investigation or prosecution of
a case involving a DNA database match to a California offender
report to the Department of Justice, through the CHOP database, the
status or outcome of that investigative
leads provided by the state's DNA Database and Data Bank
Program. lead. The bill would require a
county city, county, or city and county to be
reimbursed for the cost of reporting that information to the
Department of Justice. By imposing a higher level of service on
local entities, the bill 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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 8 (commencing with Section 301)
is added to Chapter 6 of Title 9 of Part 1 of the Penal
Code , to read:
Article 8. CHOP Database
301. (a) For purposes of this article, the following definitions
shall apply:
(b) "CODIS" means the California Combined DNA Index System.
(c) "CHOP database" refers to the CODIS Hit Outcome Project
database.
(d) "Department" means the Department of Justice.
301.1. (a) There is hereby established in the department the CHOP
database.
(b) The CHOP database shall be managed and administered by the
department.
301.2. (a) The CHOP database shall provide a restricted-access
repository for tracking the occurrence and consequences of DNA
database hits, such that information with investigatory value may be
shared among affected law enforcement agencies and the efficacy of
the state's DNA database may be monitored and reported upon by the
state.
(b) (1) Every city, county, or state laboratory in California
participating in CODIS shall, upon notification by the department
that a CODIS hit has occurred, enter into the CHOP database the data
specified by the department.
(2) On a schedule set forth by the department, and pursuant to
instructions published by the department, each law enforcement agency
within California responsible for the investigation or prosecution
of a case involving a DNA database match to a California offender
shall report to the department, through the CHOP database, the status
or outcome of that investigative lead.
(3) A city, county, or city and county shall be reimbursed for the
costs of complying with paragraph (2).
(c) (1) The CHOP database shall contain records of indexed
information related to DNA hits and case-to-case matches, including,
but not limited to, the identity of the submitting crime laboratory,
the investigating law enforcement agency, a district attorney
contact, offender information, investigation status, and resulting
criminal charges and conviction information, if any.
(2) The CHOP database shall not contain DNA profiles.
(3) (A) Information collected by the department pursuant to this
section is investigatory in nature, and shall be deemed official
information and subject to the disclosure protections of Sections
1040 and 1041 of the Evidence Code.
(B) Nothing in this section shall require the department, or a
local law enforcement agency, to disclose any information protected
under Section 1040 or 1041 of the Evidence Code, or Section 6254 of
the Government Code.
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.
SECTION 1. Section 295.3 is added to the Penal
Code, immediately following Section 295.2, to read:
295.3. (a) The Legislature finds and declares both of the
following:
(1) The Department of Justice, through its DNA Laboratory, manages
and administers the CODIS Hit Outcome Project (CHOP) database.
(2) The purpose of the CHOP database is to provide a central
repository for confidential law enforcement data-sharing of case
information related to DNA database hits.
(b) (1) The CHOP database shall not contain DNA profiles.
(2) The CHOP database shall contain records of indexed information
related to DNA hits and case-to-case matches, including, but not
limited to, the identity of the submitting crime laboratory, the
investigating law enforcement agency, a district attorney contact,
and offender information, including criminal charges and conviction
information.
(c) (1) Except to the extent required by the United States
Constitution or the California Constitution, the Department of
Justice, a law enforcement agency, a local, state, or federal
prosecutorial entity, a crime laboratory, or a federal, state, or
local agency shall not be compelled to provide information from or
about the CHOP database in any criminal or civil proceeding.
(2) The Department of Justice shall not release case specific
information that the investigating law enforcement agency has
requested to keep confidential because its release would impair a
pending criminal investigation.
(d) (1) On a schedule set forth by the Department of Justice, the
Department of Corrections and Rehabilitation, and each law
enforcement agency, medical examiner, coroner, public fire department
investigator, state mental health investigator, county probation
department, district attorney, and any other participating entity
shall report to the Department of Justice, through the CHOP database,
the outcome of investigative leads provided by the state's DNA
Database and Data Bank Program, in a format approved by the
Department of Justice DNA Laboratory.
(2) A county shall be reimbursed for the costs of complying with
paragraph (1).
