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CA SB1228

Bill

Status

Passed

9/30/2022

Primary Sponsor

Scott Wiener

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Origin

Senate

2021-2022 Session

AI Summary

  • Creates procedures for handling DNA reference samples from victims and voluntary exclusion samples, requiring law enforcement to use them only for the specific incident being investigated and prohibiting inclusion in databases that allow comparison to crime scene DNA profiles.

  • Prohibits law enforcement from comparing victim or voluntary exclusion DNA samples with unrelated samples, sharing samples with other entities without restrictions, or providing samples to persons other than the originating agency except by court order.

  • Requires searchable database profiles from individuals who voluntarily provided DNA for exclusion purposes to be expunged if they have no qualifying past or present offenses or pending charges.

  • Allows crime laboratories to retain and use quality assurance, control, and contamination elimination samples across multiple cases when voluntarily provided with written consent, or obtained as employment conditions.

  • Imposes state-mandated local program on law enforcement agencies with provision for reimbursement through existing statutory procedures if the Commission on State Mandates determines costs are mandated by the state.

Legislative Description

Criminal procedure: DNA samples.

Last Action

Chaptered by Secretary of State. Chapter 994, Statutes of 2022.

9/30/2022

Committee Referrals

Appropriations6/8/2022
Public Safety5/27/2022
Appropriations4/27/2022
Public Safety3/17/2022
Rules2/17/2022

Full Bill Text

No bill text available