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California Penal Code Section 295

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295.  (a) This chapter shall be known and may be cited as the DNA
and Forensic Identification Database and Data Bank Act of 1998, as
amended.
   (b) The people of the State of California set forth all of the
following:
   (1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a useful law enforcement tool for identifying and
prosecuting criminal offenders and exonerating the innocent.
   (2) It is the intent of the people of the State of California, in
order to further the purposes of this chapter, to require DNA and
forensic identification data bank samples from all persons, including
juveniles, for the felony and misdemeanor offenses described in
subdivision (a) of Section 296.
   (3) It is necessary to enact this act defining and governing the
state's DNA and forensic identification database and data bank in
order to clarify existing law and to enable the state's DNA and
Forensic Identification Database and Data Bank Program to become a
more effective law enforcement tool.
   (c) The purpose of the DNA and Forensic Identification Database
and Data Bank Program is to assist federal, state, and local criminal
justice and law enforcement agencies within and outside California
in the expeditious and accurate detection and prosecution of
individuals responsible for sex offenses and other crimes, the
exclusion of suspects who are being investigated for these crimes,
and the identification of missing and unidentified persons,
particularly abducted children.
   (d) Like the collection of fingerprints, the collection of DNA
samples pursuant to this chapter is an administrative requirement to
assist in the accurate identification of criminal offenders.
   (e) Unless otherwise requested by the Department of Justice,
collection of biological samples for DNA analysis from qualifying
persons under this chapter is limited to collection of inner cheek
cells of the mouth (buccal swab samples).
   (f) The Department of Justice DNA Laboratory may obtain through
federal, state, or local law enforcement agencies blood specimens
from qualifying persons as defined in subdivision (a) of Section 296,
and according to procedures set forth in Section 298, when it is
determined in the discretion of the Department of Justice that such
specimens are necessary in a particular case or would aid the
department in obtaining an accurate forensic DNA profile for
identification purposes.
   (g) The Department of Justice, through its DNA Laboratory, shall
be responsible for the management and administration of the state's
DNA and Forensic Identification Database and Data Bank Program and
for liaison with the Federal Bureau of Investigation (FBI) regarding
the state's participation in a national or international DNA database
and data bank program such as the FBI's Combined DNA Index System
(CODIS) that allows the storage and exchange of DNA records submitted
by state and local forensic DNA laboratories nationwide.
   (h) The Department of Justice shall be responsible for
implementing this chapter.
   (1) The Department of Justice DNA Laboratory, and the Department
of Corrections and Rehabilitation may adopt policies and enact
regulations for the implementation of this chapter, as necessary, to
give effect to the intent and purpose of this chapter, and to ensure
that data bank blood specimens, buccal swab samples, and thumb and
palm print impressions as required by this chapter are collected from
qualifying persons in a timely manner, as soon as possible after
arrest, conviction, or a plea or finding of guilty, no contest, or
not guilty by reason of insanity, or upon any disposition rendered in
the case of a juvenile who is adjudicated under Section 602 of the
Welfare and Institutions Code for commission of any of this chapter's
enumerated qualifying offenses, including attempts, or when it is
determined that a qualifying person has not given the required
specimens, samples or print impressions. Before adopting any policy
or regulation implementing this chapter, the Department of
Corrections and Rehabilitation shall seek advice from and consult
with the Department of Justice DNA Laboratory Director.
   (2) Given the specificity of this chapter, and except as provided
in subdivision (c) of Section 298.1, any administrative bulletins,
notices, regulations, policies, procedures, or guidelines adopted by
the Department of Justice and its DNA Laboratory or the Department of
Corrections and Rehabilitation for the purpose of the implementing
this chapter are exempt from the provisions of the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340), Chapter 4
(commencing with Section 11370), Chapter 4.5 (commencing with
Section 11400), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.
   (3) The Department of Corrections and Rehabilitation shall submit
copies of any of its policies and regulations with respect to this
chapter to the Department of Justice DNA Laboratory Director, and
quarterly shall submit to the director written reports updating the
director as to the status of its compliance with this chapter.
   (4) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Justice DNA Laboratory shall submit a quarterly report to be
published electronically on a Department of Justice Internet Web site
and made available for public review. The quarterly report shall
state the total number of samples received, the number of samples
received from the Department of Corrections and Rehabilitation, the
number of samples fully analyzed for inclusion in the CODIS database,
and the number of profiles uploaded into the CODIS database for the
reporting period. Each quarterly report shall state the total,
annual, and quarterly number of qualifying profiles in the Department
of Justice DNA Laboratory data bank both from persons and case
evidence, and the number of hits and investigations aided, as
reported to the National DNA Index System. The quarterly report shall
also confirm the laboratory's accreditation status and participation
in CODIS and shall include an accounting of the funds collected,
expended, and disbursed pursuant to subdivision (k).
   (5) On or before April 1 in the year following adoption of the act
that added this paragraph, and quarterly thereafter, the Department
of Corrections and Rehabilitation shall submit a quarterly report to
be published electronically on a Department of Corrections and
Rehabilitation Internet Web site and made available for public
review. The quarterly report shall state the total number of inmates
housed in state correctional facilities, including a breakdown of
those housed in state prisons, camps, community correctional
facilities, and other facilities such as prisoner mother facilities.
Each quarterly report shall also state the total, annual, and
quarterly number of inmates who have yet to provide specimens,
samples and print impressions pursuant to this chapter and the number
of specimens, samples and print impressions that have yet to be
forwarded to the Department of Justice DNA Laboratory within 30 days
of collection.
   (i) (1) When the specimens, samples, and print impressions
required by this chapter are collected at a county jail or other
county facility, including a private community correctional facility,
the county sheriff or chief administrative officer of the county
jail or other facility shall be responsible for ensuring all of the
following:
   (A) The requisite specimens, samples, and print impressions are
collected from qualifying persons immediately following arrest,
conviction, or adjudication, or during the booking or intake or
reception center process at that facility, or reasonably promptly
thereafter.
   (B) The requisite specimens, samples, and print impressions are
collected as soon as administratively practicable after a qualifying
person reports to the facility for the purpose of providing
specimens, samples, and print impressions.
   (C) The specimens, samples, and print impressions collected
pursuant to this chapter are forwarded immediately to the Department
of Justice, and in compliance with department policies.
   (2) The specimens, samples, and print impressions required by this
chapter shall be collected by a person using a collection kit
approved by the Department of Justice and in accordance with the
requirements and procedures set forth in subdivision (b) of Section
298.
   (3) The counties shall be reimbursed for the costs of obtaining
specimens, samples, and print impressions subject to the conditions
and limitations set forth by the Department of Justice policies
governing reimbursement for collecting specimens, samples, and print
impressions pursuant to Section 76104.6 of the Government Code.
   (j) The trial court may order that a portion of the costs assessed
pursuant to Section 1203.1c, 1203.1e, or 1203.1m include a
reasonable portion of the cost of obtaining specimens, samples, and
print impressions in furtherance of this chapter and the funds
collected pursuant to this subdivision shall be deposited in the DNA
Identification Fund as created by Section 76104.6 of the Government
Code.
   (k) The Department of Justice DNA Laboratory shall be known as the
Jan Bashinski DNA Laboratory.

Section: 295  295.1  Next

Last modified: March 17, 2014