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CA AB1584

Bill

Status

Passed

9/26/2018

Primary Sponsor

Lorena Gonzalez Fletcher

Click for details

Origin

State Assembly

2017-2018 Session

AI Summary

  • Prohibits law enforcement from collecting voluntary DNA samples from minors without written consent from the minor and approval from a parent, legal guardian, or attorney, effective January 1, 2019.

  • Requires minors be informed verbally of the sample's purpose, their right to refuse, right to expungement, and right to consult with an attorney before providing consent.

  • Restricts voluntary DNA samples from minors to investigation of the specific crime for which they were taken; additional uses require a court order.

  • Mandates automatic expungement of voluntary samples within two years if the minor is not found to be a suspect in any criminal investigation.

  • Creates civil liability of $5,000 per violation plus attorney's fees and costs against local law enforcement agencies found to have a pattern and practice of violating these requirements.

Legislative Description

Criminal law: DNA collection: minors.

Last Action

Chaptered by Secretary of State - Chapter 745, Statutes of 2018.

9/26/2018

Committee Referrals

Public Safety4/19/2018
Rules1/18/2018
Public Safety1/4/2018
Rules1/3/2018
Insurance3/27/2017

Full Bill Text

No bill text available