CA AB1492

Establishes conditional procedures for DNA sample collection from felony arrestees contingent on California Supreme Court ruling in People v. Buza, which challenges the constitutionality of mandatory DNA collection without probable cause.

If the Supreme Court upholds the Buza decision, requires DNA samples (blood or buccal swab) to be forwarded to the Department of Justice only after a felony arrest warrant is signed, grand jury indictment is issued, or a judicial officer determines probable cause exists.

If the Supreme Court upholds Buza, requires destruction of DNA samples within six months if no probable cause determination is made and changes expungement procedures to automatically destroy samples and expunge DNA profiles without requiring individual applications.

Maintains liability protections for law enforcement and Department of Justice personnel for collecting samples or making eligibility determination errors, and ensures that procedural failures do not invalidate arrests or convictions.

Contains sunset provisions that render the new requirements inoperative if the California Supreme Court rejects the Buza challenge to DNA collection statutes.